Army Field manual 27-14: FM 27-14 Legal Guide for Soldiers

Army Field manual 27-14: FM 27-14 Legal Guide for Soldiers

Tuesday, April 16, 1991
Thursday, December 30, 2004

Field Manual 27-14
*FM 27-14 HEADQUARTERS DEPARTMENT OF THE ARMY Washington, DC, 16 April 1991
FM 27-14

Table ofContents
PREFACE CHAPTER 1 -RESTRICTIONS, RESPONSIBILITIES, AND RIGHTS Restrictions Responsibilities Rights CHAPTER 2 -ADMINISTRA TIVE LAW Administrative Separations Nonpunitive Disciplinary Measures

Rights of Soldiers Limited-Use Policy Complaint Process CHAPTER 3 -_MILIT ARY~JUSIICE Sources of Authority Military Roles 12/28/211Q4 DODDOA-008697


DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited.

*This publication supersedes FM 27-14, 10 July 1986.
This manual introduces you to the military legal office--the office ofthe staffjudge advocate. It also discusses the law as it affects you as a soldier in the United States Army.
Law in the Army does not deal with only crimes and punishments. In fact, only a few soldiers will ever undergo court-martial or appear before a disciplinary board. You might want to know about your right to take a job while off duty or to attend a political rally, however. You may need help with state or federal income tax returns, wish to be repaid for personal property damage while on duty, wish to have a will or power of attorney written, or wish to have some legal papers explained. This manual addresses many such questions.
This manual w,i11 not make you an expert in the law, and you should not use it to be your own lawyer. It does, however, address various areas of law so that you can recognize whether you have a problem and in what cases you should discuss it with an attorney at the staff judge advocate's office.·
The proponent of this publication is The Judge Advocate General's School, US Army. Send comments and recommendations on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Commandant, The Judge Advocate General's School, US Army, ATTN: JAGS-ADA, Charlottesville, Virginia 22903-1781.
Unless this publication states otherwise, masculine nouns and pronouns do not refer exclusively to men. lfinf2 7 -14IPref.htm 12128/2004
Restrtctions,_ReSP-onsibilitie~~nd Rights CHAPTER 1
Service in the anned forces carries with it a responsibility·to the government and the American people that occasionally restricts your private and public activities. This chapter discusses how regulations restrict your freedom of action. It also presents ways to avoid conflicts between your personal interests and your responsibility to the Army and discusses your responsibilities as a citizen. Finally, it discusses the benefits that you have by virtue ofmilitary service, to include free legal advice under the Legal Assistance Program. Thus, this chapter deals with restrictions and responsibilities in the conduct of your personal affairs and your rights as a member ofthe military.
The following paragraphs address restrictions on your private activities.
You may work as a salesclerk in a retail store. Otherwise, you may not sell goods or services to other
soldiers who are junior to you in grade, on or off post, in or out ofunifonn, and on or off duty. The sale
ofgoods and services includes but is not limited to the sale ofinsurance, stocks, mutual funds, and real
estate. However, you may sell your own personal property or home on a one-time basis to a junior
Off-duty employment, or moonlighting, is pennissible if it does not interfere with official duties, does
not bring discredit upon the Anny, and does not violate basic ethical considerations.
For example, if you work late at a civilian job and then report for duty so tired that you cannot perfonn well, your job interferes with official duty. Working for a bookie is an example of an off-duty job that could discredit the Anny. You must obtain written pennission from your commander to work off duty tor nonappropriated-fund activities on the installation. Examples of such activities include the post
exchange, officers club, noncommissioned officers club, enlisted club, bowling alley, library, and rod­and-gun club. You may not work off post in areas where jobs are generally scarce and where your employment would deprive local civilians with the same job skills. Also, you may not accept employment with a civilian employer after the employer becomes involved in a strike. However, if you are already on the payroll when a strike begins, you may usually continue working.
You may not accept gifts from junior military or civilian personnel unless the gifts meet the following criteria:

They are given voluntarily.

They are worth $180 or less and have sentimental value to the recipient.

They are given on a special occasion such as a marriage, illness, reassignment, or retirement. 12128/2004---­
You may not accept gratuities from businessmen and private companies that either do or seek to do business with the Army or the Department of Defense. Exceptions include unsolicited advertising and promotional items that have a retail value ofless than $10.
You may use government property only for official business. If you are going to school during off-duty time, for example, you may not use Army paper or an Army typewriter to prepare homework. This rule
applies to all Army personnel. It is equally improper for a military superior to require junior soldiers to perform personal duties for him.
You generally may not gamble while on government-owned or -controlled property or while on duty.
Gambling includes lotteries, pools, games for m~mey or property, and the sale or purchase ofnumber
slips or tickets. Some gambling activities, however, are allowed but only if specifically approved by Headquarters, Department ofthe Army. Before participating in any gambling activity on Army property or while on duty, you must ensure that the activity ~as proper approval from Headquarters, Department of the Army.
You may not use your rank, position in the Army, or membership in the Army to endorse any business or any business's product. For example, you may not appear in uniform in a television commercial to advertise for a local business such ~s a used car company. Nor may you appear in civilian clothes on a television commercial to advertise for a business and say that you are a soldier. Similarly, you may not allow a business to advertise using your name and rank. For example, a business may not advertise in a local newspaper that "SP4 Jones says he was very pleased with our company's product." Different rules apply to retired soldiers, however. .
You have the same basic rights as all citizens. However, many rights, including the most basic right of freedom of expression, are different for you as soldiers because of the need for discipline. American tradition requires that soldiers will not publicly dispute civilian leaders. Also, freedom ofexpression has limitations to prevent the public from attributing soldiers' views to the Department of the Army. For example, you may write letters to editors giving your views, but you should never identify yourself as speaking for the Army. You probably should not sign such letters with your military rank and title. You may write articles for publication but must get permission from your commander to publish articles on foreign policy, military matters, or operation of the national government.
You may vote and express your opinions on politics privately and informally. You may attend political rallies and political club meetings and may even join political clubs, but you must never wear your uniform when participating in political activities. The reason is to prevent the public from incorrectly 12/28/2004
assuming that your participation represents the Anny. You may not-­

Seek election to a political office.

Campaign for a political candidate.

Speak to political rallies or clubs.

Hold office in political clubs.

Your uniformed attendance at a public demonstration may also give the appearance that the Anny approves of or spJnsors the demonstration. To preclude this appearance, you may participate only when you are off duty. You may not wear the Anny uniform at any demonstration, and you may not-­

Attend a demonstration held on a military post.

Attend a demonstration in a foreign count!)'.

Participate in a demonstration where law and order might be breached, such as traffic being
blocked or police being assaulted.

Underground newspapers are not prohibited if you produce them off post with your own time and money. Mere possession of an underground newspaper generally is not reason enough. for the commander to take it from you. An installation commander may, however, require that you obtain his approval before you distribute underground newspapers on post. Ifthe contents violate federal law, you may be disciplined for distributing them. You may not distribute a pUblication that presents a clear danger to loyalty, discipline, or morale or that interferes with the accomplishment ofa military mission without the prior approval of the installation commander.
The following paragraphs discuss taxes and motor vehicle registration, which are your responsibilities as a citizen.
You must comply with the income tax laws of your home state, or state ofdomicile. Regardless of whether your home state taxes your income, you are not required to pay taxes on your military pay to your duty state, or state ofstation, if it is different from your home state. You must, however, pay taxes on any nonmilitary income to both your home state and the state in which you earn the income. Your nonmilitary spouse may have to pay income taxes to both your home state and your duty state.
You must pay personal property taxes on your solely owned personal property to only 'the home state. Although many states grant credit for personal property taxes paid to other states, property jointly 1212812004
owned by you and your spouse may be fully taxed by both your home state and your duty state. Personal property solely owned by your nonmilitary spouse may be taxed only in the state where it is. Real property is taxed by the state in which the property is located regardless of whether the owner is a soldier or a civilian.
If you have registered or licensed your solely owned motor vehicle in your home state, you need not register the vehicle in your duty state. However, you may not avoid registration in your duty state by registering it in a third state that is neither your home state nor your duty state. You may be required to comply with the safety inspection and emission control laws of the state where the vehicle is registered, the state where the vehicle is located, or both.
The following parab'Taphs address your rights as a military member.
Congress has passed laws governing payment to you for losses as 'a result of your military service. Not all losses resulting from Army service are reimbursable. For example, a loss that is partly your fault is not reimbursable. Army judge advocates around the world process claims under the supervision of the US Army Claims Service. Arm-y Regulation.(AR) 21-2.0 covers the basic claims procedures.
Certifiable Claims
You may have a claim against the government if-­

Missing property is stolen from government quarters, from private quarters located outside the United ~tates, or from an authorized storage place. Warehouses, offices, hospitals, baggage holding areas, and unit supply rooms are examples of authorized storage places.

Property in government quarters or storage is damaged or destroyed by fire, flood, hurricane, theft, vandalism, or other unusual occurrences. Hail damage to an automobile parked on post and damage caused to property in the barracks when a water pipe breaks are examples of unusual occurrences.

Property, including privately owned vehicles, is lost, damaged, or destroyed while transported or stored under government orders.

Property is lost, damaged, or destroyed as a direct result of enemy action, riots directed against Americans overseas, soldiers giving first aid in a public disaster, and soldiers saving human lives or government property.

Money is lost after being delivered to an authorized person as part ofthat person's official duties. Safekeeping in the unit and deposit in the Savings Deposit Program are examples.

Property is lost or damaged due to wrongful or negligent acts of Army agents.

Claims Procedures 12/28/2004 Although -you have every right to file a valid claim, filing a false claim is a crime. You must be prepared to prove your damage or loss. Contact your unit claims officer when you believe you have a claim against the government.
If your unit does not have a unit claims officer, talk to the claims judge advocate at the post judge
advocate office. Claims for less than $1,000 may be processed as small claims. Because this method is
less formal, the investigating and processing may take only a short time. If you do not agree with the
amount allowed on your claim, you have the right to a review.
When you discuss a problem with a legal assistance attorney, you create an attorney-client relationship. The attorney may not disclose information from his discussions with you without your consent or unless
extraordinary circumstances exist involving criminal violation of the law.
The Army provides free legal advice and services to you and your family members on a number of issues. Following is a discussion of the most common of these.
Preparation of Wills
A legal assistance attorney may determine if you need a will, may prepare a new will, and may review your existing will to ensure it is up-to-date.
Powers of Attorney
Your spouse may use a power of attorney to clear government quarters, to ship the family car, or to cash your paycheck during your absence. Special powers of attorney are designed to confer limited authority for a short period and do not pose a great risk to you. However, general powers of attorney can be quite dangerous because they give great power and are difficult to revoke.
Family Matters
Legal assistance attorneys can provide guidance regarding the legal aspects ofmarriage and divorce. Chaplains, counselors, and Army community service representatives can help you and your family solve nonlegal problems in these areas. If your marriage is not salvageable, the legal assistance attorney may advise you on separation and divorce. Help is also available at most offices on paternity matters, adoption, support obligations, and name changes.
Commanders may initiate administrative or disciplinary action against you ifyou fail to pay your just debts. Legal assistance attorneys can advise you and your family about the lawfulness ofalleged debts and can help you decide what course ofaction to take. Army community service offices provide financial and budget counseling and can assist you in developing payment plans and budgeting schemes.
The Soldiers' and Sailors' Civil Relief Act (SSCRA) provides some relief with respect to loan interest rates and the payment ofdebts. The protection only applies, however, ifthe debt arose before your entry to active duty and your financial position is substantially worse since you entered the service. In the absence ofa military draft or a reserve component call-up, few voluntarily enter the service if they will suffer serious financial harm. Consequently, few of those who voluntarily enter the Army will receive 12/28/2004 this type of protection from the SSCRA.
Civilian Matters
Anny attorneys may represent you in civilian court to resolve your personal legal problems. For you to qualify, normal civilian legal fees must create a substantial financial hardship for you. Generally, married soldiers in the grades ofE-4 and below and single soldiers in the grades of E-3 and below meet the requirements for financial hardship; soldiers in other pay grades may also qualify based on their circumstances. Any soldier may check with the legal assistance office to s 12/28/2004


More than the Unifonn Code of Military Justice (10 United States Code, §§80 1-940) affects your conduct and rights. Federal laws, Department of Defense directives, and Anny regulations determine such matters as how claims are processed and paid, whether you can be discharged before your expiration term of service (ETS) date, and how you may submit complaints. This area is often referred to as administrative law because it deals with the administration of the Anny. Discussion includes-­

Administrative separations.

Nonpunitive disciplinary measures.

Conduct ofinvestigations.

Rights of soldiers.

The limited-use policy of the alcohol and drug abuse prevention and control program.

The complaint process.

Congress has given the Secretary of the Anny very broad authority to provide for administrative separations. These separations, which are different from those by court-martial, may be either involuntary or voluntary.
When you are considered unsuitable for further service in the Anny or have engaged in misconduct that makes your continued service questionable, the unit commander may begin proceedings to separate you before your ETS date. The unit commander begins' the process by forwarding a report stating his reasons for recommending separation, with all supporting documentation. Reasons for separating you involuntarily may include the following: .

Unsatisfactory perfonnance.


Other circumstances.

Unsatisfactory Performance
AR 635-200, Chapter 13, provides that you may be separated involuntarily because of unsatisfactory perfonnance. It applies only to soldiers who have completed more than 180 days of continuous active duty. If you are separated for unsatisfactory perfonnance, you will receive a general or honorable 12/28/2004
dis~harge certificate.
. AB._635.:20_0, Chapter 14, provides that you may be separated involuntarily for-­

Civilian court conviction as a juvenile offender or for having committed certain types ofoffenses after entering the Army.

Commission of a serious offense.

Abuse of illegal drugs.

Acts or patterns of misconduct, such as repeated failure to pay valid debts, repeated failure to
support dependents, or frequent incidents of misconduct with civil or military authorities.

Minor military disciplinary infractions, such as disobedience oflawful orders, disrespect, failure to repair, or absence without leave. If you are separated under these provisions, you may receive a discharge under other than honorable conditions.

Other Circumstances
You may be involuntarily separated from the Army under other circumstances. The following chapters
in AR 635:2~O cover some ofthese:

Chapter 5, Separation for Convenience of the Government (includes personality disorder and
inability to carry out presl.'ribed duties due to parenthood).

Chapter 7, Fraudulent or Defective Enlistments and Inductions.

Chapter 9, Alcohol or Other Drug Abuse Rehabilitation Failure.

Chapter 11, Entry Level Performance and Conduct (applies to soldiers in the first 180 days of
continuous active duty).

Chapter 15, Separation for Homosexuality.

Any soldiers concerned in an involuntary separation will have an opportunity to consult with a military
attorney. Ifapplicable, you may request a hearing by a board ofofficers. If you request a separation .
board, the commander who has the authority to separate you will convene one. You have the following

You may appear before the board unless you are in civil confinement.

You may request the appearance of available witnesses.

You may request appointment of a military lawyer or choose a military lawyer yourself, but not

You may hire a civilian attorney at your own expense if you desire. -14/Ch2.htm 12128/2004
The separation authority reviews the findings of the separation board and makes the final decision in the case. However, the decision may not be more severe than the action recommended by the board. (See AR 15-6 and AR 635-200.) .
Anny regulations detail the procedures for granting separation from the Anny before your nonnal end of service. Senior commanders or the Department of the Anny reviews and acts upon these requests.
Dependency or Hardship
AR 635-200, Chapter 6, provides that you may request discharge or release from the Anny for dependency or hardship. Dependency results from the death or disability of a member of your or your spouse's immediate family which causes the disabled member to rely upon you for principal care or support. Hardship results from a condition that involves the care or support of your family (not involving the death or disability of a family member). In either case, you must show that the condition arose or was aggravated excessively since your entry on active duty. The condition must be pennanent, and you must have made every reasonable effort to alleviate it without success. You must also show the Anny proof of the problem and proof of your need for release from the Anny to correct it.
Conscientious ObJection
You may apply for discharge from the Anny for conscientious objection if, after entering the Anny, you become opposed to all fonns of war because of deeply held, sincere moral, ethical, or religious beliefs. An opposition to a particular war rather than to war in general is not sufficient for discharge. You may not request a discharge because of your conscientious objection before entering the Army if you failed to make it known before you enlisted. If you are opposed only to the bearing ofarms, you are not qualified for discharge but may apply for classification as a noncombatant. Once so classified, you will be assigned duties that do not involve !he bearing ofanns.
Headquarters, Department ofthe Anny, will make the final determination on all applications for discharge. Once you apply, a chaplain and psychiatrist will interview you. Then, an officer will hold a hearing. You may be present at the hearing, and you may ask the hearing officer to interview available witnesses. You may also have a civilian attorney assist at your own expense.
While the application is in process, you will continue to perfonn duties in the unit and participate in unit training. Every effort will be made to exempt you from duties that conflict with your stated beliefs.
Other reasons for voluntary discharge include the following:

Separation for defective or unfulfilled enlistment or reenlistment agreements. (See AR_6J5_-:200, Chapter 7.)

Separation of female soldiers because of pregnancy. (See AE. 635-200, Chapter 8.)

Separation for the good of the service when you are charged for certain crimes under the Unifonn Code of Military Justice (UCMJ). (See AR635-200, Chapter 10).

TYPES OF DISCHARGE 12/28/2004 The separation authority decides what type of discharge you will receive based on your military record. If you are separated for administrative reasons other than for completion of term ofservice, you may receive an honorable, general, other-than-honorable, or entry level discharge.
Honorable Discharge
Issuance ofan honorable discharge depends upon your proper military behavior and performance of duty. The separation authority may disregard isolated incidents ofminor misconduct if, overall, your service record is good.
General Discharge Under Honorable Conditions
General discharges are appropriate for those whose military records are satisfactory but are not good enough to warrant honorable discharge. You may have had freqcent nonjudicial punishments or may have been a troublemaker, but your conduct has not warranted less than a general discharge.
Discharge Under Other Than Honorable Conditions
Only ageneral court-martial convening authority or general officer in command may give a discharge under other than honorable conditions. AR 635-200, Chapter 10, delegates that authority, in limited circumstances, to the special court-martial convening authority. Such a discharge will usually be given to those who have shown, for example, one or more incidents of serious misconduct.
Discharge under other than honorable conditions is the most severe of the administrative discharges and may result in your loss of veterans' benefits, as detennined by the Department ofVeterans' Affairs. If you receive this type ofdischarge, you will not receive a discharge certificate.
Entry Level Separation
The separation authority will give you an entry level separation if you are within the first 180 days of continuous active duty and your records do not warrant a discharge under other than honorable conditions.
If you have been separated from the Army, you may have your discharge reviewed by two boards established by Congress--the Army Discharge Review Board (ADRB) and the Army Board for Correction of Military Records (ABCMR).
Army Discharge Review Board
The ADRB will review any discharge, unless the discharge resulted from a general court-martial. If the ADRB decides that the action was improper, it may change the type ofdischarge, but it may not revoke it and return you to active duty. If you want a review, you must request it within 15 years after the date of your discharge. (See AR 15-180.)
Army Board for Correction of Military Records
The ABCMR may review any discharge, and it may revoke an improper discharge and give a proper discharge in its place. It reports its findings and recommendations directly to the Secretary of the Army 12128/2004
for final action. Ifyour discharge is declared improper, you may receive back pay. The ABCMR does not return soldiers to active duty. You must request an ABCMR review within three years after you discover the claimed error or injustice, but the ABCMR may waive the time limitations when appropriate. Normally, applications for an upgraded discharge should go first to the ADRB. (See ARJj~ 1.85.)
The most familiar measures used in the military to enforce discipline and good order are the court­martial and UCMJ, Article 15. A commander, however, may opt for a variety of administrative actions in cases ofpoor duty performance or minor misconduct. Often these actions have a rehabilitative effect
on you, benefiting both you and the Army.
When necessary to maintain good order and discipline, the unit commander has the authority to withhold many privileges, such as the pass privilege. The unit commander does not have direct control
over some privileges, such as use ofpost facilities and on-post driving. Only a higher commander having the authority to grant these privileges may revoke them. Although not true in all cases, privileges withheld normally are those that you have misused. For example,you may be denied use of the service club ifyou have been disorderly in the club, be denied government quarters if you have misused them, or lose on-post driving privileges ifyou commit a serious driving offense.
The unit commander may give an oral or written admonition or reprimand for a specific act of misconduct. He submits a written admonition or reprimand in memorandum format to you for acknowledgment and rebuttal. The written admonition or reprimand may be filed in either the military personnel records jacket (MPRJ) (field 201 file) or official military personnel file (OMPF). Only a general officer or GCM convening authority (GCMCA) may direct that a written reprimand or admonition be filed in your OMPF. It is filed in your performance fiche until you successfully appeal it. (See AR 6_0_0~n.)
An admonition or reprimand that is filed in your MPRJ stays there until the soonest ofthe following occurs:

You are transferred to another general court -martial (GCM) jurisdiction.

The commander removes it.

A maximum of three years has elapsed.

You successfully appeal the reprimand.

The rank of enlisted soldiers may be reduced by court-martial. The rank of staff sergeants and below may also be reduced under UCMJ, Article 15. Commanders may administratively reduce your rank for inefficiency or civilian conviction. (See AR 600-200, Chapter 6.) 12128/2004
A company, battery, or separate detachment commander has the authority to reduce the rank of private through specialist or corporal. Field grade commanders of organizations authorized a lieutenant colonel or higher may reduce the rank of sergeant and staff sergeant. Commanders of organizations authorized a colonel or higher may reduce the rank of sergeant first class through command sergeant major. A commander may reduce corporals or specialists and below without convening a board to consider the case.
Commanders wanting to reduce the rank of sergeant through command sergeant major must first refer the case to a board ofofficers and enlisted soldiers for a hearing and recommendation. The exception is a mandatory reduction to private due to a serious civilian conviction. All board members must be senior in rank to the soldier under consideration. You may decline to appear before the board, or you may appear with an appointed or detailed judge advocate or with civilian counsel, at'your own expense. You may request a non-lawyer military counsel ifyou wish. You may question the witnesses against you and present evidence in your own behalf. The commander may not take any action more severe than that the board recommends. Army regulations provide that if you have had your rank reduced due to inefficiency or due to conviction by civil court, you may appeal that reduction through command channels within 30 days.
Commanders may evaluate you for inefficiency when your misconduct shows a lack ofabilities or qualities expected of you. If you are an assigned soldier and have served in the same unit for at least.90 days, you may have your rank reduced by one pay grade for inefficiency.
Civilian Conviction
If you are sentenced to death or to confinement for one year or more and the sentence is not suspended, you will be reduced to private. If you are sentenced to confinement for more than 30 days but less than one year and the sentence is not suspended, you might have your rank red!lced one or more pay grades. You might also have your rank reduced one or more pay grades for sentences less severe than those already mentioned. If you lose your rank, but your conviction by a civil court is reversed because of some error or irregularity, your rank will be restored. You may also be promoted if promotion was denied because ofthe reversed conviction. AR 600-200, Table 6-1, details administrative reduction based on a civilian conviction.
Conduct that merits revocation or suspension of a security clearance includes criminal and immoral activities. Abuse of drugs and alcohol, excessive indebtedness, and repeated AWOL are grounds for such action. A clearance may also be denied or suspended if you are subject to coercion or undue influence, perhaps because you have a close relative living in a communist country.
If your commander receives information that may affect your clearance, he forwards it to the central personnel security clearance facility (CCF) for review to determine if it warrants clearance revocation. The commander may suspend your clearance pending results of the review. Before the CCF revokes the clearance, you will have an opportunity to reply in writing. If unsuccessful, you may appeal the revocation to Headquarters, Department of the Army.
BAR TO REENLISTMENT 12/28/20M You may be barred from reenlistment for deficiencies of character, conduct, attitude, proficiency, and/or motivation or for general undesirability for retention. These deficiencies often include the following:

Tardiness for formations or duties.

Being AWOL for 1 to 24 hours.

Losses of clothing and equipment.

Substandard personal appearance and hygiene.

Persistent indebtedness.

Frequent traffic violations.

Recurrent punishments under UCMJ, Article 15.

Use of sick call without medical justification.

Tardiness in returning from pass or leave.

Unwillingness to follow orders.


Unadaptability to the military.

Failure to manage personal affairs.

Frequent difficulties with other soldiers.

The unit commander initiates a bar to reenlistment by summarizing in writing the grounds for such an action. You may then submit a statement in your own behalf. You have 7 days to prepare comments and collect evidence. The complete action is then forwarded to the authority who may approve or disapprove the bar ..
An approved bar to reenlistment must be reviewed every 6 months and 30 days before your PCS or ETS. Bars may be removed at any time if you demonstrate your worthiness to be retained in the Army.
A unit commander must recommend reclassification of any awarded military occupational specialty (MOS) ifUCMJ diSCiplinary action adversely affects your eligibility to perform duties in that MOS. Examples are a military policeman who commits an assault, a medical corpsman who is drunk while on duty, and a fmance clerk who steals. The unit commander may recommend reclassification of any awarded MOS if you perform the duties of that MOS inadequately or attain unsatisfactory skill test scores.
CONDUCT OF INVESTIGATIONS _ 12/28/2004 A commander may order investigations ofmany matters, such as the operation of the unit mess' hall or the state ofmorale in the unit. The purpose of an investigation is to find out what happened, when it happened, where it happened, why it happened, and who was involved. Only after getting these facts
should the commander decide what action to take.
Investigations might concern the loss of funds or equipment, damage to government property,
disposition ofthe personal effects of deceased soldiers, or determination ofwhether you were injured in the line ofduty. As a result of the latter, you could lose entitlement to disability retirement-­

Ifyou were injured ~hile AWOL.

If the injury was due to your intentional misconduct, such as ifyou were shot while committing a robbery.

Ifthe injury was due to your willful neglect, such as ifyou were injured while driving intoxicated on the wrong side of the road.

Any time spent in the hospital would be classified lost time, and you would have to make it up at the end ofyour enlistment.
Unless the particular regulation governing the matter under investigation provides specific procedures, the board or investigating officer will follow the procedures in AR 15-6. Proceedings that involve a single investigating officer using informal procedures (see chapter 4) are designated investigations. Proceedings that involve a single investigating officer using formal procedures (see chapter 5) or more than one investigating officer using formal or informal procedures are designated a board ofofficers. The investigating officer must remain impartial during the investigation and must give the commander a complete picture ofthe matter as well as recommendations for the commander's action.
The boards conducting investigations will normally be composed ofmilitary personnel. You may be involved as a witness, a member ofthe board, an assistant to the board, or one of the persons whose conduct is under investigation.
When a board of officers is investigating your conduct or liability, you have some rights in relation to the board's hearing. This manual cannot state general rights because not every regulation provides the same procedures for investigations. Generally, you will receive some notice ofthe scope and purpose of the investigation. You will be allowed to submit evidence to the board and will be able to attend the board hearing. You will not have to testify before the board about any self-incriminating matter (UCMJ, Article 31). In most board proceedings, you may have a military counsel to help present your case and to question the witnesses. This counsel might be a lawyer, depending on the provisions ofthe regulation governing the hearing. You are normally allowed to hire a civilian counsel, but the Army will not pay for it. Ifunder investigation, you should seek the advice of a legal officer.
The limited-use policy is part of the Army's Alcohol and Drug Abuse Prevention and Control Program (ADAPCP). It prohibits the use ofthe following evidence against you in actions under the UCMJ or in characterizing separations: _._1_2/_2~/20~

'Mandatory urine or alcohol breath test results taken to detennine your fitness for duty; taken to ascertain whether you need counseling, rehabilitation, or other medical treatment; or taken as part ofyour participation in the ADAPCP.

Self-referral to ADAPCP. (Your volunteering for the program is protected'infonnation.)

Admissions and other evidence that you voluntarily provide as part ofyour initial entry into ADAPCP, An example is illegal use or possession ofdrugs or alcohol before your initial referral to ADAPCP, 12/28/2004


The rules of military justice stem from many sources. This chapter describes these sources; the roles ofthe commander, the staff judge advocate, the military judge, and the members ofthe court-martial; and the rights and procedures involved in nonjudicial punishment.
The rules governing military justice and military criminal law come from the following sources:

The Constitution ofthe United States. The Constitution is the basic authority for the military criminal justice system in the United States Anny. It allows Congress to make a separate military justice system.

The Uniform Code of Military Justice. Congress enacted the Uniform Code of Military Justice (UCMJ) in 1950, thereby replacing the Articles ofWar from 1775. The UCMJ is a federal law that establishes our present system ofmilitary criminal justice. It describes what conduct is criminal and 'the types of courts and basic procedures used to process military criminal cases. The UCMJ is found in 10 United States Code, §§ 801-940 and in Appendix 2 ofthe Manual for Courts-Martial (MCM), United States, 1984.

The Manual for Courts-Martial (MCM), United States, 1984. The MCM details the rules for military justice and has the force and effect oflaw. In passing the UCMJ, Congress gave power to the President ofthe United States to establish military criminal procedures. The President did this by publishing the MCM. It explains military crimes, contains the rules of evidence, and sets forth rilles for conducting courts-martial.

Army regulations. The Secretary ofthe Anny has authority to issue regulations, in addition to the UCMJ and MCM, that administrators ofmilitary justice must follow. For example, AR 27-10 covers the administration ofmilitary justice.

The United States Army Court of Military Review. The Court ofMilitary Review is the first appellate court in the military justice system. The court members are appellate military judges in the ranks of colonel and lieutenant colonel. In reviewing courts-martial convictions, the United States Army Court of Military Review issues written opinions, which are binding on Anny courts­martial. A civilian, personally retained lawyer or an appellate defense counsel appointed by The Judge Advocate General may represent the accused.

The United States Court of Military Appeals. The Court ofMilitary Appeals is the highest appeals court within the military justice system. Effective 1 October 1990, it consists offive civilian judges appointed by the President ofthe United States. It is comparable in position and authority to a state supreme court and hears appeals on decisions ofthe United States Anny Court of Military Review. It also issues written opinions containing rules on military justice. The Military Justice Act of 1983 allows decisions made by the Court of Military Appeals to be appealed to the United States Supreme Court. 12128/2004
• The United States Supreme Court. The Supreme Court is the highest court in the United States. It consists ofnine justices whom the President appoints to life terms and the Senate confirms. It hears appeals from federal circuit courts, state supreme courts, and the Court of Military Appeals. The Supreme Court provides authoritative interpretations ofthe United States Constitution and usually hears only those cases that present significant legal issues.
The following parabTfaphs address the roles of the commander, the staff judge advocate, military judges,
and court members in the military justice system.
The unit (company, battery, troop, detachment,and so forth) commander is usually the first to learn of misconduct that might give rise to administrative action, nonjudicial punishment, or court-martial charges. He must promptly investigate the circumstances of an alleged crime and decide what to do about it. In deciding what to do, the commander must consider the seriousness ofthe offense, your past record and your potential for further useful service, and the state ofmorale and discipline in the unit. He must decide whether to refer the matter up the chain of command or dispose ofit within the unit by administrative action or by UCMJ, Article 15 (nonjudicial punishment). Ifhe forwards a case to a superior, that officer will apply the same criteria in deciding whether to take appropriate action or to forward the case still higher. Each commander is responsible for both enforcing the law and protecting your rights.
The staff judge advocate (SJA) ofthe unit's division or post has a duty to see that criminal justice in the command is carried out properly and fairly. The SJA advises commanders at every level about their handling of cases. Judge advocates, all fully qualified lawyers, advise and represent soldiers accused of crimes. Although available through the office ofthe staffjudge advocate, they are assigned to a separate organization, the United States Army Trial Defense Service (USA TDS or TDS).
Military judges are assigned to sit on all general and most special courts-martial. These individuals are experienced lawyers with training as military judges. They decide questions of law, instruct the court members on law that applies to the case, and ensure that the trial is conducted legally.
The commander selects active-duty soldiers to act as court members. An enlisted accused may request that enlisted soldiers hear his or her case. In such an instance, at least one-third ofthe members ofthe court will be enlisted. They may not, however, be from the same unit as the accused. All members ofthe court have an equal voice and vote. The accused has the right to challenge any member on the court, including the judge, ifthe member or judge is not impartial. The accused may also challenge one member ofthe court without reason. Any member successfully challenged takes no further part in the trial.
The following p-(lfa.graphs address your rights as a soldier and the procedures that must be followed in the administration of military justice.
You have many basic rights under military criminal law, including-­

The right to a defense lawyer.

The right to due process oflaw.

The right to remain silent.

Rights under the law of search and seizure.

Defense Lawyer
The Army provides a fully qualified military defense lawyer free of charge to any soldier facing special or general courts-martial. As your representative, the lawyer acts in your interest, advising and defending you to the best of his ability. Discussion about a case between you and, your attorney is confidential under the attorney-client relationship. This means that the lawyer may not reveal what you have told him without your permission. Ifyou are facing court-martial, you also have the right to have a civilian lawyer, but you must pay this cost or obtain the services without cost to the government. If you are not facing a special or general court-martial, you may still get advice from an Army lawyer on military criminal matters by contacting the local office of the staff judge advocate or Trial Defense Service office.
Due Process
Due process of the law provides that, at trial, you have the right to confront and cross-examine all the witnesses against you. You also have the right to present evidence on your own behalf. You may not be found guilty of a crime until the government proves beyond a reasonable doubt that you committed the crime. A finding of guilty may be made only after a court has heard all the evidence relating to your guilt or innocence.
Remaining Silent
The UCMJ provides that if you are suspected of a crime, you may not be forced to speak against yourself. Before questioning, you must be advised of your right to remain silent. Also, if you are in custody, you must be told that you have the right to speak to a lawyer and have a lawyer present during questioning if you choose to answer questions.
Search and Seizure
The Fourth Amendment to the Constitution of the United States and the MCM govern examination of your person or property to discover and remove evidence. Military criminal law requires strict compliance with the Constitution and the MeM. Searches are permissible only under limited circumstances such as the following:
• Search authorized by a commander. A commander may order a search of your person or __ _ 12/28/2004 property when you are a member of his command. The decision to conduct a search, which may
be reviewed by a court-martial, must be based upon probable cause.

Search incident to apprehension. A person legally apprehending you may search you and your
immediately available property. The property must be in your immediate control at the time of
your apprehension.

Consent to search. A search is lawful when made with your free and voluntary consent.

Search to prevent removal of criminal evidence. If evidence ofa crime is in danger of removal or destruction, and if time is not available to secure a commander's permission to search, a lawful search may be made.

Inspection for military readiness. The commander has the authority to determine the military
readiness ofsoldiers, organizations, and equipment. Evidence of a crime discovered during an
authorized inspection may be seized and admitted as evidence at a court-martial.

The Army's court-martial system includes-­

Summary court-martial (SCM). This type ofcourt-martial is composed ofone commissioned officer who tries minor crimes. The maximum punishment depends upon your rank but may not exceed confinement for one month, forfeiture of two-thirds pay for one month, and reduction in rank. You may consult a lawyer concerning the case, but you are not entitled to have an appointed military lawyer present at the trial. You have the right to refuse trial by SCM.

Special court-martial (SPCM). An SPCM consists of at least three court members. The defense counsel must be a lawyer. A military judge is nonnally appointed fQr the trial. The maximum sentence is confinement for six months, forfeiture oftwo-thirds pay per month for six months, and reduction in rank to the lowest enlisted grade. In some instances, the sentence may include a bad­conduct discharge (BCD).

General court-martial (GCM). A GCM tries the most serious offenses. It consists of at least five court members and a military judge. Both the prosecuting (trial) and defense counsel must be lawyers. A fonnal investigation must occur before the trial. The GCM judge may sentence you to any punishment authorized by law.

Just as in other American criminal courts, courts-martial are adversary proceedings. That is, the government and the accused each present matters that apply to their sides and must follow certain rules in doing so.
In either a general or a special court-martial with a military judge, you may choose to be tried by the military judge without the members. Ifthe judge alone tries you, he decides if you are guilty or innocent. If the judge finds you guilty, he also detennines your sentence. Ifmembers find you guilty, they detennine your sentence.
You may plead guilty or not guilty. If you do not make a plea, the judge enters a plea of not guilty. Before trial, you may possibly agree to plead guilty in exchange for a promise by the convening authority to approve only a certain sentence. This is called a pretrial agreement. .htm 12/2812(tQ4_
The person who ordered each trial reviews its result. Either the Judge Advocate General or the Anny Court of Military Review may also review the court-martial conviction, depending on the type of court­martial and the punishment imposed.
You may appeal certain convictions to the Court of Military Appeals, which consists of three civilian judges. The United States Supreme Court may review its decisions.
APl~endilC---.C shows the maximum imposable punishments for the different types of court-martial.
Under UCMJ, Article 15, you may be punished for minor offenses. The punishment is nonjudicial because it is given by the commander instead of by a court-martial. If you are facing nonjudicial punishment, you have rights and must make important decisions.
The commander may give nonjudicial punishment only to soldiers under his command. Before punishing you under Article 15, the commander must make sure that-­

An offense was actually committed.

The offense may be punished under the UCMJ.

You committed the offense.

Article 15 punishment is proper after considering the type of offense and your record.

The proper type of nonjudicial punishment, fonnal or summarized, is selected.

The commander must tell you, in writing, that he plans to give you a formal Article 15. He will notify you using OAForm 2627, advise you of your legal rights, and tell you where to find the lawyer's office. You must be given a reasonable amount oftime to see a lawyer. You have the following rights:

To refuse the Article 15 (unless attached to or embarked on a ship) and demand trial by court­martial.

To know the type of offense committed.

To have a public hearing.

To have the help of a spokesperson.

To present witnesses.

To present matters in defense, extenuation, and mitigation.

To examine documents or physical objects to be used against you.

To say nothing.

To appeal. 12128/2004 Written notification of a summarized Article 15 is not required. The commander will record the' proceedings using a VA FOIU12.62_l-:J. Only enlisted soldiers may receive summarized Article 15 punishment. The punishment is limited to 14 days' extra duty, 14 days' restriction, an oral admonition or reprimand, or any combination of these punishments. You must decide to accept or refuse a summarized Article 15 within 24 hours. You do not have a right to consult with a lawyer, bring a spokesperson to the hearing, or request an open hearing. You do receive notice ofthe nature ofthe offense and have the following rights:

To present witnesses.

To remain silent.

To appeal.

Unless attached to a ship, to refuse the summarized Article 15 and demand trial by court-martial.

Simply accepting the Article 15 procedure does not mean that you admit guilt. Rather, you agree to the use of the procedures of Article 15 to let the commander, instead of a court-martial, determine your guilt or innocence. If the commander determines that you are guilty, the type and amount ofpunishment the commander may impose under formal Article 15 procedures depends on his rank, your rank, and the size of the unit. (See A-ppendi;x. C.)
A warrant officer, lieutenant, or captain may impose an Article 15 punishment. If a heavier punishment is warranted, the case may be sent to a field grade commander in the chain of command with a rank of major or above with a recommendation. The field grade commander may act on the recommendation or return the case to the lower commander for action. The superior commander, however, may not tell a subordinate commander when to give an Article 15 or how much punishment he should give.
A commander who gives an Article 15 has the power'to grant you clemency. The commander may suspend your punishment for up to six months. The probation is an incentive to stay out of trouble. The original punishment is not effected unless the commander cancels your suspension due to further misconduct. .
A commander may also reduce the amount or type ofpunishment when your conduct merits it. For example, he may reduce 14 days ofextra duty to 10 days of restriction or 7 days of extra duty.
A commander may set aside a punishment when it is clear that the Article 15 should not have been given in the first place. You are then restored all your rights and privileges.
Every soldier who receives an Article 15 has the right to appeal. You may appeal if you believe that you are not guilty, if the commander did not follow the rules for giving an Article 15, or if the punishment is too severe. The commander who acts as the appellate authority normally is immediately superior to the commander who issued the Article 15. In other words, ifa company commander issues the Article 15, the battalion commander will act as the appellate authority. An appellate authority may reject an appeal that is submitted more than 5 days after the commander imposes punishment.
In deciding what to do on appeal, the appellate commander may take any of the clemency actions discussed earlier to lessen the punishment; he may not, however, increase the punishment. The appellate commander must refer an Article 15 appeal to the SJA for a legal opinion ifthe Article 15 contains any ofthe following punishments: 12128/2004

Arrest in quarters of more than 7 days.

Correctional custody ofmore than 7 days.

Forfeiture of more than 7 days' pay.

Reduction in rank from a pay grade of E-4 and above.

Extra duty of more than 14 days.

Restriction of more than 14 days. 12/28/2004
.Discharge Benefits
APPENDIXB 12/28/2004


q 2:.





-~ I


BY THE ARMY I 'I""'"t 'Of accrued I"" E
/" antllty (6 IIOllths' pI,)
In' other d"th lItne'its' E

Transponation IIoIM E
lranSfonation of dependents an. IIoUHlIol' IOCIds boll. E
_u,illl of flilltlry unl'OfII E
AdMission to soldiers' ho",,' E
AmI, Botrd 'or Correction of IllItlry "Korels E
AmI, Oisdui,.. Review Ioard E
",ial in AmIy IIItlo",I c:tIItt.erift E
I.rial in AmIy post ctllleteries' E
--=1 I I -
E rlD4 TBO· TI()4
E NE fiE fiE
[ NE fiE NE
[ E NE' tiE

5 chart shows eligibility for benefits ed on type of discharge. It does indicate the other requirements
at must be met.
l.epnd E-eligible E-not eligibleff-officers Nl-enlisted 0-to be determined by the administering agency

:g ~


IThis discharae catelO'Y includes the dlschar.e of offlcet's undef other than honorable conditions, AR 635-100, para 1-4c.
1An officet' who resigns '04' the load of tile service (usulUy to lM)id court·martial charaes) will be ineliaible for benefits administered by the Veterans Administration, 38 USC 3103;.the Depertment of Labor. unemployment compenseljon only, 5 USC 8521; and the Social ~urityAdministration. Old A«e lind DiHbility Ihsurance. SSA Handbook.
l'fhose discharpd from enlisti!'d ,tatus while patients in US hospitals and who continue to be patient. until the date of death and those who die as military prisoners are entitfed to recovery care, disposition of remains, and I!KpeOSH incld@nt to death 10 USC 1481·1482.
4So1diers separated or discharged under other than honorable condltiDm whose sentence WM approved by the convenina authority befote 1 Sep 87 are not ell,ible. The Insttllationorder issuing authority d@terminesifdependenttraveland household aoods shipment are in the best int«ests of the Army. JrTR. paras U5240J and M5370J.
sThe statute provides thlt veterans must have 5eM!d "hOf1@Stly and faithfully" 'Of 20 years or been disabl~d; it ellcludes convicted felons, deserters. mutineers, or habitual drunkards unleu rehabilitated.
'Undef 10 USC 1533(8), if their BCDs were eiven by 8 ,enetai court-martial. former ,soldiet'$ are not eliaible for this benefit. The Code is silent if the di..dll1rBe WIIS Biven by a special court·martilli.
'Only if an immedillte relative is buried in tile ~metery.
l THE VETERANS ADILIfUSTRA TlON' / / .f:!'j / / -I
O.ptndenc, Illd indemnity tOflplflutlon E £ TID TBo fiE
~ Pttllion fOI nOflslffice-toflflttled 61sabIUty Of cIt.tll E E 'BD TBD ME
••dal of HOllar Roll ""sIOll £ E TID TBo fiE -(
IMuraate ( TID' TBO' TID'
Vocational ,,'aflilitatloll (OY) E E TID 'BD ME
Ed.calloRlI nslsllll" (incltdine fliell'

til' tf.illinl.nd .",.nlie. trlilina) E E TID TID ME
........ $0,,1'101'1' Ind d.pendents· .dueatiol1.1 lui,tanee E E '10 TID ME

HolM 1M ot,,, 101m E ( '10 TID ME
~ Ho., do.lelll." cart E E "0 TID IE

.hdleal lid dent.1 sHYlen E E TBo '10 IE
I'mtllttlc lPII'illm (OY) f E 'Bo '10 IE
G.lde docS Md ...i"..... fa, blindness (OY) 'I TID TBO ME
N (
\0 Speci.1 bolSilll (OV) E E TID fiE
0\ "!
-...l AutOliolliitl (OV) E E teD lBO fiE
.J:o. Funelllllld buri.1 ••peIUS [ E TID liD fiE
-lurlll n'l E [ TID ,,0 liE

Thillel art shows eligibility tor benefits based on type of discharge, It does notiffi icate the other reQuirements that m ust be met.
NE-not elillible

DV-depends upon specific disabil· ities or veleran T80-to be determined by the administering apnc~
I :g ~


o• o

i I



I~ I~
Buri.lln nellonal c.metery E ( TBO liD fiE
Hudstone marllf E E TBD liD IU

'This dls.c:hargl! calegoty Includes the diSCh.,,!! of officers under olllo(lr Illan

hoIlOfllble col1ditior,&. AP 635-100, para l-.c,
~OfflCers who resign for Ihe good o. the service (usually to .-void court'martl,1

chillies) will be ir~lilllbk' 'or benefits administered by the Vel!!rans Administration,
38 USC 3103; t~ Oeparlment of l.bor, uoempJoyment compen5oillion only. 5 USC
8521; and the Social Securily Adminlstralion, Old Ale .nd Olstbifrly Insurtlnee. 5SA
'8enefits from the Veterans Adll1t11lslration ar!! not payable to­

~sonsdisc:hlrtet115 c:onSCienlioutObtet\ors wtlorefused to perform militllry duly or refused 10 wear Ihe uniform or olh4!fwlse compi), wilh lawlvl orders of competent military aulhoflty,

Persons who haY!! been div.harlled tor • Ufl1ence of I SJHIer.1 covrt malhal

• Officer, who hlYe resiined 'or 1M Iood of t~servicf!,


Alien••,i", specific e.emptionJ durl"llJ period 0' hoslillUes, 38 USC lUl3,

• Those dischar~ b)' lCCepta!lCe of ot~r than honor.b'e dis.c:harses 10 .\/Oid
court-martllll; mutil1Y or spying; felon), of1en5l!$ 1rw04l1inl morlll turpitude;
willful lind persistent miS()OOduct; or homose.ual lieU 'n..omnll atulflJ'lIlJlins
circumslances or OIlier 'AClOl'S.

"Any penon$ whoar!!,uiltyof mutin),. treeson. sp),In•• ordesertion or who. b«auseof conSCientious objeclions. r.'use 10 serve in the armed forces or to weBr the vnllorm shtll 'Offell.11 itch" to Nalional Service life InSlI"foce 8114 Servlceman's Group Ule 'i:1
Inwrlll'lce. 38 USC 711, 713, (JO
~ ~
'- N

Pftf"el\~ for fafll 101ClS (O.,t
'rtf"etI~ for fafllllld ot'"'~ (Ullt I\olllilli 101M (D. of
CMI seme.
CIl CMI stnle. ,ttl"""", credit
Q (OP.,

.""pl",,,,1I1 rir,htt (0.,1 of LabQfl
t Jo~ cOI"Mli". I.'•...,..".,....
Illd tlllll'''1 plecttntllt
-tiIlOI" stall Jot' Itnices
(Dtpt of l*Ir)

0-U"'lIflo.....t ~IiCMI
00 for ••·soklltfat (Deft of
MltlJflliUlio«lIeMfitt (0.,. of Jlsti,e) (IllS)
~ Old 1&1 IIIlYtwm 1M .lublII.,
I IMlreM. ($$A)
~ Joll pldfltCltt. """Ie works prOjKts ( 0' CO,.IUWce)'
;:-,...1 ~
~~I .~ ~~
·1 ~# b~~¥ ~~;. :g
~"''''(J ~I &~§ I.I'$~ »
~'i:ll ~..
~~l' ~~;I ~~ $V~ 6~l
E [
( E [

1/ .I



liE liE

If. If[
liE M(

1hlschar1 shows IP.liglbility for bf!nelits based on type 01 dischatae. 1\ does not indicate the other requirements that must be met.
NE-not eligible

TBD-to be determined by the
administering agency

'This discha're cateBOIl' include, tile discharce of officei" under oth8' than 'NE il BCD w.s.iven by • ,en.ral court·mar1i..,. SSA Handbook.
honorable conditioo," A~63S )00, pa,. 1·4c.
'Disabled veterl41l.nd Vlftlllm era veterans only GeMr.t eli.ibil'ty: The eligibilityc ' who resiRn 'or ltaf cood or the service (u$u3I1y to 3void court·martial of benef'ts set forfh /I'e ,.~ Ihe sole determinin« factors but only list the effect of lhe
chara~)will be eli,ibh! for Department of Labor unemploymenl oomPMutian only.
various tyJ)H ¢ dlsch.".. 'he $lites also provide various ~ilsIh.1 willte
S USC 8S?I. if'" Social Security Administration, Old "«e ~Disability I",urance. influenced by Ihe type 01 dltetlar~. but jnrOM\~tion on ~a'e bl!nefits ~~lJld bec SSA H."dboo~ In UMS wheft! )he soldiers h.~pre 1957 se¥ice. "lIlY are tt/i,ible obtained from st.le .nc~
for PIe 19!11 mililJry wace credils. While Ihe Iype of di$Ch.,., does nDC .ffect 'i:I .t: posH957 Social S«urity benefits. entit~nllolhe pre 1951 wall' credil mllY beo N Aff~lell by ,~t~of discharae ~ »
6 o o ~
o ~ ~

MaxinlJ.,IID_II1WOSable Punishments (Enlisted Soldiers)
APPENDIXC 12/28/2004
.a 'Tj::r
~ --..J' ~ I
~. ~
~. i
::s [x'
(') § .
g o
l O..,...·II'--O..,n:; I I I I I I I I. I
), UCMJ: ld by CPT or No No No 7 da~s: [·3Ind elow 14 days 14 days To one ~rade lowtr (, commander can p'omote to prtsent 'fade) 7 days No Yes I
), UCMJ: Id by MAJ or No No No 30 days; [·3and below 60 days 45dm [·4 and below, to lowest ,rlde;(·5 Ind (-. one gt.lde 10W'f (ifcommander can promote to present pade) 'I! pay pel month for 2 months No Yes
red Article IS, No No No No 14 d,ys 14 days No No No Yes
coult-martl.1 No 1 month; no if £-5 or above 45d1YS~Oif [-5 or I yt No 2 monlhs NA '0 lowest ,rade;E-5 01 above, to one crade lowel 2/3 Ply for 1 month Not in eIIcen of 213 pay for I month Yes
OUlt-maltial BCD if desienated 6 months 3 months No 2 months NA To lowest ,.ade 213 C'Y for 6 mon hs Not in excess of 213 pay fOI 6 months Yes
OUlt·martial DO or BCD Depends on offense' 3 months _ .. No 2 months HA To lowest grade Total forfeiture (lenlth of time der.endS on of tnse) Yes Yes

shment can ekceed thatdesignated by Congress 8S the maximum punishment for the specific offense.
cific offenses in the MeM, Part IV.
c ......

c o N N '"C ~
» N ~
o o o......,
o ~ Vol
ABCMR Anny Board for Correction of Military Records ADAPCP Alcohol and Drug Abuse Prevention and Control Program admonition
A warning or reminder not to repeat certain misconduct. ADRB Anny Discharge Review Board AFDCB Anned Forces Disciplinary Control Board appellate court
A court that has the authority to review the judgement of another. AR Anny regulation ATTN attention AWOL absent without leave BCD bad-conduct discharge bde brigade bn battalion CCF central (personnel security) ciearance facility co company DA Department of the Anny DC District ofColumbia DOD Department of Defense due process of law
The premise that a soldier must be considered innocent until proven guilty at a trial by legal and competent evidence. ETS expiration tenn of service FM field manual GCM general court-martial GCMCA general court-martial convening authority 12/28/2004
gratuities free gifts IG inspector general JTR Joint Travel Regulation MCM Manual for Courts-Martial MOS military occupational specialty MPRJ military personnel records jacket OMPF official military personnel file OPM Office of Personnel Management PCS permanent change of station power of attorney A legal document that authorizes one person to act on behalf of another. REFRAD release from active duty remission Cancellation of any punishments that have not been served. reprimand A formal act of scolding an offender for misconduct. SCM summary court-martial sec leader section leader SJA staff judge advocate SP4 specialist fourth class SPCM special court-martial SSA Social Security Administration SSCRA Soldiers' and Sailors' Civil Relief Act TDS (United States Army) Trial Defense Service TJAG The Judge Advocate General UCMJ Uniform Code of Military Justice
12_/2_8_/~_004 _
underground newspaper
A newspaper published to express criticism against the United States, the military, or its officials. US United States USATDS United States Army Trial Defense Service USC United States Code
A legal document that ensures that when someone dies, his property will go to whomever he specifies. A will also permits parents to nominate guardians for their minor children in the event of the deaths ofboth parents. 12128/2004


FM 27-14 References Page 1 of6

These are the sources quoted or paraphrased in this publication.
AR 15-6
Procedures for Investigating Officers and Board of Officers. 11 May 1988.
. Inspector General Activities and Procedures. 15 December 1989.
Legal Assistance. 11 March 1989.
AR 27-10
Military Justice. 22 December 1989.
Claims. 28 February 1990.
AR 210-7
Commercial Solicitation on Army Installations. 15 December 1978.
AR 600-15
Indebtedness of Military Personnel. 19 March 1986.
AR 600-8-2
Suspension of Favorable Personnel Actions (Flags). 1 March 1988.
AR 600-50
Standards of Conduct for Department of the Army Personnel. 28 January 1988.
AR 600-85
Alcohol and Drug Abuse Prevention and Control Program. 27 April 1988.
AR 630-5
Leave and Passes. 1 July 1984. 12128/2004

FM 27-14 References Page 2 of6

Enlisted Personnel. 1 December 1988.
AR 930-4
Anny Emergency Relief. 1 April 1985.
Constitution of the United States
Mise Pub 8-1
Joint Federal Travel Regulation.
Mise Pub 9-2
Manual for Courts-Martial, United States. 1984.
United States Code (U.S.C.)
These documents must be available to the intended users ofthis publication.
DA Form 2028
Recommended Changes to Publications and Blank Forms.
DA Form 2627
Record of Proceedings Under Article IS, UCMJ.
DA Form 2627-1
Summarized Record of Proceedings Under Article 15, UCMJ.
DD Form 256A
Honorable Discharge Certificate.
DD Form 257A
General Discharge Certificate (Under Honorable Conditions).
These readings contain relevant supplemental information.
AR 15-130 -14IRef.htm 12128/2004

Anny Clemency Board.
AR 15-180
Anny Discharge Review Board.
AR 15-185
Anny Board for Correction of Military Records.
Judge Advocate Legal Service.
Status ofForces Policies, Procedures, and Information.
Authority of Anned Forces Personnel to Perform Notarial Acts.
AR 190-22
Searches, Seizures and Disposition of Property.
AR 190-24
Anned Forces Disciplinary Control Boards and Off-Installation Military Enforcement.
AR 195-2
Criminal Investigation Activities.
AR 195-5
Evidence Procedures.
AR 210-1
Private Organizations on Department ofthe Anny Installations.
AR 210-51
Anny Housing Referral Service Program.
http://atiam.train.anny .millportaVatiai adlsc/view Ipuhlic/296784-1 lfinl27 -14/Re£htm 12/28/2004
The Army Privacy Program.
Code of Conduct/Survival, Evasion, Resistance and Escape (SERE) Training.
Army Public Affairs, Public Information.
Community Relations.
Communications Security Monitoring.
Homeowner's Assistance Program.
Federal Legislative Jurisdiction.
AR 600-4
Remission or Cancellation of Indebtedness--Enlisted Members.
AR 600-9
The Army Weight Control Program.
AR 600-20
Army Command Policy.
AR 600-37
Unfavorable Information.
AR 600-40
Apprehension, Restraint, and Release to Civil Authorities.
AR 600-43
Conscientious Objection.
AR 600-240
Marriage in Oversea Commands.
AR 600-290
Passports and Visas.
AR 601-280
Total Anny Retention Program.
AR 608-3
Naturalization and Citizenship of Military Personnel and Dependents.
AR 608-8
Mortgage Insurance for Service Members.
AR 608-9
The Survivor Benefit Plan.
Application for Authorization to Marry Outside of the United States.
AR 608-99
Family Support, Child Custody, and Paternity.
AR 623-105
Officer Evaluation Reporting System.
AR 623-205
Enlisted Evaluation Reporting System.
AR 630-10
Absence Without Leave and Desertion.
Military Sentences to Confinement. 12/28/2004
Physical Evaluation for Retention, Retirement or Separation.
AR 63S-100
Officer Personnel.
AR 63S-120
Officer Resignations and Discharges.
AR 930-S
American National Red Cross Service Program and Anny Utilization.
DA Pam 2S-30
Consolidated Index of Army Publications and Blank Forms.
DA Pam 2S-S1
The Army Privacy Program-System Notices and Exemption Rules.
Maximum Imposable Punishments (Enlisted Soldiers)
APPENDIX C 12/28/2004
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0 shment can exceed that deslanaled by ConaYess as the maximum punishment fOr the speciflc offense. cific offenses in the MeM, Part IV.
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http://atiam.train.anny.millportal/atiaiadlsc/view/publicI296784-1/frn12... 12/2812004
FM 27-14
16 APRIL 1991
By Order of the Secretary of the Army.
General. Unit«iS,ates Army Chief of StsH
PATRICIA P. HICKERSON Colonel, United States Army The Adjutant General
Active Army. USAR. and ARNG. To be distributed in accordance with OA Form 12·11E. requirements for FM 27·14. Legal Gu~e for Soldiers (Oty rqr block no. 1090).