UCMJ – United States Code of Military Justice

898. ARTICLE 98. NONCOMPLIANCE WITH PROCEDURAL RULES

10. Punitive Articles

Any person subject to this chapter who–

(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or

(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused;

shall be punished as a court-martial may direct.


5 Comments for this entry

  • mike

    if somebody were to get in trouble for wearing a warfare pin that they didn’t earn what will his punishment be

  • ttom white

    It can be as simple as losing a stripe and post of your post. Which can increase with subsequent violations onto loss of all rank grade and a dishonorable discharge.

  • Deb

    If a soldier threatens his family with a shotgun – wife, two children ages 6&9 and engages in a police standoff and the incident is documented by local law enforcement, District Attorney, Attorney General and media… is this act cause for court martial? The gun turned out to be loaded AND he was found to have additional rounds in his pocket. What is the procedure to initiate discharge and how many months should it take to initiate discharge before the family becomes eligible for transitional benefits?

  • NJP

    say a marine gets questioned and writes a false statement, but then the next day gets their rights read to them and is facing article 107 false official statements. but it cant be used against them since they were never read their Miranda rights, could this article be used against the person trying to NJP this marine?

    • MPI

      Miranda and article 31 b rights are similar but not the same thing. Civilian side you get read rights the moment you are no longer provided liberty (under arrest). Military side the second an agent of the government (law enforcement or leadership) suspects someone of a UCMJ infraction, they have to make suspected person aware of there rights. You always have these rights at any time governmental agents just don’t have to make you aware of them right off the bat. I do not enough info to answer you question hopefully this helps you or someone else.

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