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  • logisticus replied to the topic UCMJ considerations in the forum Junior Officer 8 years ago

    Heather, I was fortunate to learn from one of the greatest. My SCO had been a Rear-D CDR, did over 300 non-judicial, Court-Martials, separations…a grizzled-vet of night court, and I did 16 admin separations and lost count on UCMJ, though both are different, lead to the same effect – a disciplined formation, high morale, team/family environment, excellence in all things.

    My style was: no case is the same, no one-size fits all punishment, no fear of barracks-lawyers comparing who got what, favoritism etc. the object of UCMJ was to instill discipline, good order and not “crush” someone, or show vindictiveness, but rehabilitate and encourage good behaviors. I used the Manual of Courts Martial, and referred to every charge by the elements of proof for each article, establishing proof beyond a reasonable doubt. None of it was ever personal, no emotion especially anger was shown; if any emotion, it was always calm empathy and positive encouragement. I was open to striking certain charges if vague (when multiple charges existed) or foregoing punishment on some. Suspending however delivers message of – I don’t trust you, you’ll do it again. Punishment always had to make sense in the mind of the one receiving it – i.e. did you embarrass the US Army off post in Europe, then restriction applies, or do you owe the Army some work, then extra-duty applies. Loss of rank is the most visible and emotionally significant to Soldiers. With RCP points when I commanded, it also could lead to separation. I also never transferred my problems to other units. I dealt with them – either they rehabilitated with chances given, or got out and for both paths, Soldiers made the choice through their actions.

    Though no case was easy, and took investigative time, consultation with SJA and IG before hand, chain of command, first-line supervisor punishment recommendations, it is one I truly enjoyed as an officer – the chance to do justice, and to improve the Army directly.