HairyCanary said:
It's been a while since I was in the military, so I don't remember much UCMJ specifics -- I wonder what it has to say about enlisted folks. 'Cause I think that the someone in question may not have his commission yet...
Dave
Darkness said:
You think right my friend.
Article 88 does specify Commissioned Officers. However, the UCMJ does have language in Article 2 indicating enlisted as well as reserve personal are subject to United States Code, Title 10, Chapter 47 (UCMJ). There are D.O.D directives that cover the “CONTEMPT TOWARD OFFICIALS” issue. Whether or not these directives are applicable to reservists is debatable. I was unable to find a direct order to enlisted or reserve personal against this activity.
I would not want to find out the hard way.
Uniform Code of Military Justice (UCMJ)
United States Code, Title 10, Chapter 47
SUB CHAPTER 1. GENERAL PROVISIONS
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER (Chapter 47, Title 10, United States Code)
(a) The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.
(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection
(a) and change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with an armed force who--
(1) Submitted voluntarily to military authority;
(2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority:
(3) received military pay or allowances; and
(4) performed military duties: is subject to this chapter until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.
DOD Directive 1344.10 - POLITICAL ACTIVITIES BY MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY, extend these same (888. ART. 88. CONTEMPT TOWARD OFFICIALS) requirements to all individuals on active duty. Enlisted members and warrant officers who violate these provisions can be charged under Article 92 of the UCMJ, Failure to Obey an Order or Regulation.
SUBCHAPTER X. PUNITIVE ARTICLES
888. ART. 88. CONTEMPT TOWARD OFFICIALS