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To: Gunrunner2

Is that just for officers or does it apply to NCOs and enlisted as well?


75 posted on 08/10/2005 4:02:13 PM PDT by McGavin999 ("You must call evil by it's name" GW Bush ......... It's name is Terror)
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To: McGavin999

I'm not a JAG, but officers and enlisted are bound by the same rules, therefore, yes, applies equally.


76 posted on 08/10/2005 4:44:40 PM PDT by Gunrunner2
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To: McGavin999
The conduct unbecoming may be dealt with under other sections of the UCMJ.
77 posted on 08/10/2005 4:45:45 PM PDT by Gunrunner2
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To: McGavin999
I've never served as a JAG either, but I was an MP officer for about 10 years, so for what that's worth, here's my take on this, and as best as memory serves here's the general military justice view as of when I got out a few years ago...

...typically, offenses with a sexual component, although criminal violations under the UCMJ, will typically fall outside the investigative purview of MP/CID unless there is an aggravating circumstance such as violence (i.e., rape, forcible sodomy) or material consideration (i.e. prostitution, sex for drugs, etc.) Normally, the adultery and fraternization-type issues are the stuff of commander's inquiries, IG, EO or congressional complaints and are examined by an investigating officer appointed from within the unit under AR 15-6.

Specifically, with regards to Article 133—Conduct unbecoming an officer and gentleman, the accused must be:

"Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct."

Not only are NCOs exempted from this, so are warrant officers (at least I would think, WO1s, as in recent years, Warrant officers generally also receive commissions at the CW2 level).

All uniformed service members, regardless of appointment, rank, etc. are subject to the, "catch all," Article, Article 134 which specifies some specific acts but also criminalizes any activity wherein:

(1) That the accused did or failed to do certain acts; and

(2) That, under the circumstances, the accused’s conduct was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

80 posted on 08/10/2005 5:07:33 PM PDT by Joe 6-pack (Que me amat, amet et canem meum.)
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