What is the Uniform Code of Military Justice (UCMJ) Article 15?
The Uniform Code of Military Justice (UCMJ) Article 15 is the part of military law that addresses non-judicial punishments for active duty personnel in the Washington National Guard. Article 15 of the UCMJ gives commanding officers the authority to impose swift punishment for minor offenses committed by a person in their command. This punishment can range from extra duty or restriction within specified limits, to the forfeiture of up to two-thirds of a soldier’s pay for up to one month. Article 15 of the UCMJ also allows military personnel to waive their right to a trial by court-martial in favor of a non-judicial punishment. When a service member waives their right to a trial by court-martial, they are trying to avoid more severe restrictions and punishments. This is especially true of enlisted personnel, who have more limited rights than officers in regards to court-martial proceedings. It is important to remember that non-judicial punishment is not a substitute for criminal justice and the punishments it entails. It is up to the military commander to decide what amount of punishment is appropriate for the offense and to issue the punishment accordingly. The UCMJ also requires that the service member be informed of their rights and advised of the consequences of accepting non-judicial punishment.
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