What is the UCMJ Article 33?

The UCMJ is the Uniform Code of Military Justice, which is the set of laws governing the conduct of members of the military in the U.S. and the consequences for breaches of the code. Article 33 of the UCMJ is the article that deals with the non-judicial punishment of military personnel. This article provides a commander with the authority to take disciplinary action against service members outside of the formal criminal proceedings. Non-judicial punishment typically takes the form of reductions in rank, forfeiture of pay, and other restrictions on liberty. The objective of non-judicial punishment is to maintain good order and discipline in the military and to also help rehabilitate the service member. The service member has the right to accept the punishment or to request a court-martial hearing where all of the evidence and testimony can be presented in open court. In Virginia, the UCMJ Article 33 outlines the regulations for non-judicial punishment, including the limitations on the commander’s authority, the procedures that must be followed during punishment, and the right of appeal granted to the service member.

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