for my friends in the military
October 6, 2009 by dendominguez
Disclaimer: This is for informational purposes only. If you need any legal advice, please contact your local base’s Legal Office.
If you, your spouse, or someone close to you is in the military, you need to be aware of the Uniform Code of Military Justice, or the UCMJ. Just like there is a penal code for civilians, the UCMJ is the military law that governs people in the US military, including retired servicemembers receiving retirement pay.
Subchapter X, Punitive Articles, is the one that details offenses punishable under the UCMJ. Article 134 of this chapter is the General Article or commonly known as the “Don’t be stupid” article & it states that “all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”
Several offenses under Article 134 include fraternization, disorderly conduct & drunkenness, & even adultery. Why a private matter like adultery would even be included under the UCMJ, I don’t know, but it’s there.
If a military person has committed an offense against you, here’s what you need to know:
- Is it punishable under the UCMJ? This website can help you to determine that: http://www.ig.navy.mil/Complaints/Complaints(AtoZ).htm
- Do you have proof? Attach any & all proof to the complaint you will file.
- File a complaint with that person’s chain of command. Give as much detail as possible, like name & rank of military member, where stationed, what he/she did or failed to do that was wrong, the rule, regulation or law the person violated, when & where it occurred.
Note though that the UCMJ only covers the military person in question. If it was the spouse, child or parent of the military person, you will have to go after that person through the civilian courts.
When filing a complaint, be mindful though of the consequences to the military member:
- The maximum punishment is dishonorable discharge and in some cases military confinement. When an ex-military starts looking for a job as a civilian, potential employers will look for the discharge papers & will certainly have second thoughts about hiring someone with an other than honorable, bad discharge or dishonorable discharge record. With the economy the way that it is right now, that will make it even more difficult for someone to get a job.
- A reduction in rank & forfeiture of pay may be imposed, in addition to correctional custody. Once a person’s rank is reduced, his new, demoted rank could put him or her at risk of ‘high year of tenure’ & the servicemember may eventually be forced to separate from the service.
- Admonition or reprimand, either written or verbal, may be given & will be retained in the servicemember’s record. This could make it difficult for the servicemember to be promoted when he is up for promotion if he has something on his record.
Whatever punishment is meted out, the military member’s career & his current rank will be jeopardized.
~o~o~o~o~o
Some examples:
SITUATION 1: A friend of mine, a civilian, had a boyfriend in the Navy. She thought he was single, but later found out the boyfriend is married with his wife & kids living in a different city within the state. The guy is what’s called a geographical bachelor in military terms for pay purposes, but is of course legally married. She could have gone after him for adultery; if they had lived together, she could also have gone after him for wrongful cohabitation.
SITUATION 2: A chief within our neighborhood in Japan was demoted & I heard was confined in military jail for a period of 6 weeks for domestic violence. Domestic violence qualifies under assault in the UCMJ. That chief should’ve known better.
SITUATION 3: An ex-friend of mine told lies about me to a 3rd party, his wife, who then relayed that to her best friend. The wife & the best friend sent me very ladylike emails & a friendster message, respectively, repeating the lies my ex-friend told about me. I thus have written proof that my ex-friend committed slander under the California defamation law, & is most likely punishable for communicating threat under the UCMJ. I could also go after him for another offense listed under the UCMJ of which I have ample proof as well. Both offenses could get him into serious trouble. He is a 1st Class Petty Officer (E6) aiming to be Chief Petty Officer (E7) someday, but his behavior shows a lack of accountability & is dishonorable for someone in a leadership position. I am still debating with myself whether to go after this guy.
For all my friends in the military & their loved ones, just be aware, know your rights, and simply…don’t be stupid.
5 Responses to “for my friends in the military”
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Hello Den,
Sorry for the late response. I’ve been busy with exams and unfortunately, more exams.
Regarding situation #3, you would think that a person of that rank would know better. I would go after the person because that is just me. If someone does something wrong against a person, they shouldn’t let it go just because they are worried of what others may think. I guess this is easier said than done.
If it seems hard, I think about the children. Would my actions against him be considered good in the eyes of my own children? Would I be setting a good example?
I hope your situation fares well, Den. Take care. Good read!
Mary
Hello Den,
You should go on to figth for your rights,you have enough proofs to sue after your ex friend.Give him a lesson not to under estimate you.
He knows well that he will suffer his families life if you pursue your demand but don’t let it hinder you to take action against him so he must learn a lesson in life that he won’t forget.
Being kind hearted is different from being stupid.
Bring out the lion heart you have ,compassionate but giving justice to the ones who betray your friendship.
God is with you……
Thanks Mary & Rose. Both of you have a point. I’m thinking na if I don’t do anything, what message will it send my kids -na if someone does wrong to them to just let it be, tumahimik lang? Whatever happened to accountability & consequences? Pero if I do take action, am I teaching them naman to be vindictive?
Pinagiisipan ko pa ring mabuti. In the meantime, I am finding out what the statute of limitations is for pursuing a complaint. I read somewhere na it’s 2 years pero I need to confirm that. I have all the proof for both violations under the UCMJ so all I have to do is just file it with his chain of command.
Thanks for taking the time to write a comment.
My dear friend,
Your not teaching your kids to be vindictive,your setting an example to practice human rights..just i told you …give him some freaking lesson as not to do it again.I know he have to talk to you for a settlement…
Women has right too…
hey Den,
So sorry, I forgot my password… nagkanda-loko-loko na ang friendster ko!
First thing I thought of when I read your blog is ang suwerte naman ng mga military, they have this privilege to go after those who have done them wrong. But it’s a double-edged sword because other people (non-military even) can go after them also.
When I read situation #3, ang unang pumasok sa isip ko is this… how would you feel when you’re in your 60’s, 70’s or even 80’s and did not do a thing? Would you regret it? Would you at that time still feel strongly that you should’ve done something about the situation, that you should’ve set an example for your kids? Would it still bother you that a person in that leadership role did what he did to you? That what he did is against what you believe in, especially this person being in uniform? If the answer is Yes, then pursue it.
Or would it satisfy your need for justice if you just talked to him? Show him your proofs and demand an explanation? If you do this, would confronting him be enough? How would you feel about this later on? If it’s not enough, then pursue it through the UCMJ.
I wish I had the same privileges instead of putting up thousands of dollars (that I don’t have) as a retainer through a civilian attorney. It still bothers me. Nags at me. Creeps into my mind at the most inopportune times. I don’t want you to feel what I feel. It’s like this little insect that takes little tiny bites from your brain - very annoying.
Whatever you decide, I think you will feel good about it. I can tell na pinag-iisipan mo ito, that it’s there at the back of your mind, just waiting for you to deal with it. I think you’ll regret it more if you didn’t do anything about this. So do something about it. Life’s too short to have nagging little insects. If you’re still within the statute of limitations, use your privilege through the UCMJ. If it has run out, confront him.