I know they are held to the UCMJ... Do they undergo regular court hearings? Lets say for example they got a DUI... I know there are ordinary, emergency, convalescent, and terminal leave. But what kind of leave is someone put on if they get in trouble? Not discharged, but lets say someone in the military gets in trouble outside of the military... Do they get put on leave until their court hearings are cleared up? Is there an administrative leave? How does that work?What happens with military personnel who get in trouble?When a service member gets in trouble with civilian law enforcement then what happens is done on a case by case basis. Usually, with a DUI after the civilians finish punishing the troop his unit jumps in and adds their two cents, such as a GOMOR (Memo of Reprimand), possible lost driving privileges on base, administrative reduction, and even processing them for a discharge. If you have pending charges you are still on duty until your court date. If you are convicted of a crime that requires confinement in a civilian jail then they could stop your pay and even discharge you after you get locked up.What happens with military personnel who get in trouble?
You don't get leave when you get busted. You either are in your unit and are watched, or you are in jail awaiting your trial.
It also depends on what level of crime you are accused of. It basically is similar to the civilian version.
I got busted and accepted officer hours as opposed to a courts martial. So when I got busted, the officer of the day (OOD) had to come get me and he escorted me to my barracks where he told the duty NCO to not let me leave.
On Monday I began the process of getting NJP. It goes from company level and they decide what to do. They can bust you at this level or pass your case up to the next level. I made it to battalion level and was busted there.
When you accept NJP this means your case will be handled through NON JUDICIAL means, meaning no court is used and no fancy proceeding take place. NJP is used to not ruin the career or a troop.
If I were to of pleaded not guilty and went to a courts martial, then if found guilty I would receive a very harsh penalty and would be booted out of the military.
If you commit a severe crime such as rape, murder or something like that then you are locked up until you go to trial.What happens with military personnel who get in trouble?It depends on if the command decides. We have many disciplinary routes. There is Captain's Mast (ART 15) which is non-judicial punishment and usually results in reduction in rank, loss of pay, extra duty, restricted liberty (restriction) or up to three days confinement on bread and water. There are rules of evidence at Captain's Mast; basically the opinion of the Commanding Officer.
For more serious offenses (assault, rape, murder etc...) there is courts martial (ART32) here the member is seen before a judge from the JAG Corps and here there can be long term confinement, punitive discharge and in a few way out there instances there can be death penalty. In these cases there are witnesses and the rules of evidence.
There is no administrative leave in the case of legal but the command can send that person Temporary assigned duty (TAD) or if there is a flight risk they can request pretrial confinement in the brig.
You are familiar with the Article 15 I take it.
Commanders non judicial punishment. You accept blame and are assigned a punishment at the commanders discretion. 30 days pay, loss of rank,extra duty that sort of thing.
If it rises to the level of confinement, say in Brig or confinement to quarters then its more serious.
Civilian authorities usually get a crack at you first for off post/base offenses of a serious nature but will often turn you over to the military for confinement awaiting a trial date.
If it rises to Court Martial level you will likely be confined in the post/base jail or segregated housing.What happens with military personnel who get in trouble?the don't get leave. if they are jailed by the civilian authorities they are considered UA/ AWOL. and then charegd under UICMJ for that.
if they are not they are most likely put on restriction and extra duty until their court date. almost all civilian authorities have a reciprocity agreement with base authorities.
ETA: Boats.. Today's winner?!What happens with military personnel who get in trouble?
"But what kind of leave is someone put on if they get in trouble? Not discharged, but lets say someone in the military gets in trouble outside of the military... Do they get put on leave until their court hearings are cleared up? Is there an administrative leave?"
ROFLMMFAO!!
they don't get put on leave, but they are required to attend the civilian court hearings unless it is a serious offense, then it is turned over to the military courts. but either way you got to inform your 1st sergeant and he'll take it from thereWhat happens with military personnel who get in trouble?
THE DIE!!! JK :P
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