The Uniform Code of Military Justice

Combined Forces Command

October 12, 2001

Revised: October 16, 2004

Staff Judge Advocate (JAG): LTC Heater


ARTICLE 1: Any person that fails to obey orders from officers/non-commissioned officers is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 2: Any person that fails to use the chain of command as directed in the CFC letter of instruction (previously, command handbook chapter 10-2) is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 3: Any person that misrepresents himself while wearing the uniform of the CFC is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 4: Any person leaving negative comments in an open forum is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 5: Any person that is absent from his unit without leave for a period of more than 15 days is considered AWOL (Absent Without Leave) and is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 6: Any person that is absent from his unit without leave for more than 30 days shall be considered a deserter and discharged from the CFC.

ARTICLE 7: Any person that exhibits inappropriate conduct to any professional and reputable non CFC command is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 8: Any person that fails to report for duty when that person commits himself/herself and does not give a valid reason for their absence is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.

ARTICLE 9: Any person that is insubordinate to his/her non-commissioned officer appointed over them is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense. Insubordination to officers is grounds for immediate dismissal from the CFC.

ARTICLE 10: Any person that engages in public slander of a fellow CFC member is in violation of this article and will receive non judicial punishment at the unit commander level which may include reduction in rank, suspension, or referral to courts martial depending on the severity of the offense.




COURTS MARTIAL PROTOCOLS AND PROCEDURES

SUMMARY COURTS MARTIAL:

This is the lowest form of a courts martial which can be convened by a single officer )-4 or above. All evidence must be submitted as directed by the CinC. Maximum punishment is reduction in rank to E-1 and 30 days suspension. Only unit commanders may request this form of courts martial if they feel that Non Judicial Punishment is not applicable to the offense. The final determination of this course of action will only be made by the Commander CFC or the XO CFC, as this is done to protect the rights of the individual. The CO and XO reserve the right to assign the officer to try the case. The officer should be unbiased and NOT a member of the accused’s unit. All final determinations of the case will be submitted to the CFC-JAG Officer for approval before sentence is carried out. The judge advocate general may overturn any findings if they deem the accused rights were violated in any way. The accused need not be present at the proceedings if they do not wish to do so.

SPECIAL COURTS MARTIAL:

This is the medium form of courts martial when a summary CM is not applicable. The board will consist of field grade officers. All evidence will be submitted to the Commander CFC via the XO-CFC, prior to the commencement of the proceedings. Maximum punishment is an other than honorable discharge and reduction in rank to E-1. All evidence will be submitted to the CO via the XO-CFC, prior to the commencement of the proceedings. All final determinations of the case will be submitted to the CFC-JAG corps for approval before sentence is carried out. The judge advocate general may overturn any findings if they deem the accused rights were violated in any way. The accused need not be present at the proceedings if they do not wish to do so.

GENERAL COURTS MARTIAL

The most severe form of courts martial, this board will consist of 1 officer (0-4 or above) and a jury of 5 (peers). Maximum punishment is reduction to E-1 and a dishonorable discharge from the CFC. Only the CO may direct this form of courts martial. All evidence will be submitted to the CO via the XO-CFC, prior to the commencement of the proceedings. All final determinations of the case will be submitted to the CFC-JAG Corps for approval before sentence is carried out. The Judge Advocate General may overturn any findings if they deem the accused rights were violated in any way. The accused need not be present at the proceedings if they do not wish to do so.




LTC Heater


Staff Judge Advacate General
Combined Forces Command
SEEK, STRIKE AND DESTROY!

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