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UNIFORM CODE OF MILITARY JUSTICE

Revision 2 2/18/2003 English

All disciplinary actions within Sea Wolves Virtual Military Command shall be initiated by the submission of an Incident Report Form found on fleet sites and auto mailed to the JAG Office.

I GENERAL PROVISIONS

A. DEFINITIONS

(1) Chief Judge Advocate General (CJAG) means the Chief Judge Advocate General of the Sea Wolves Virtual Military Command.

(2) "Officer in Charge" means an officer of the Sea Wolves Virtual Military Command designated as such by appropriate authority.

(3) "Superior commissioned officer" means a commissioned officer superior in grade or rank of command.

(4) "Cadet" means an officer in training of the Sea Wolves Virtual Military Command.

(5) "Accuser" means a person who signs and swears to charges, or any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.

(6) "Military Judge" means an official of a general or special court- martial.

(7) "Commanding Officer" means any commissioned officer of the Sea Wolves Virtual Military Command designated as having command authority in the direct Chain of Command over another member of the Sea Wolves Virtual Military Command.

(8) "Judge Advocate General" (JAG) officer means any commissioned officer of the Sea Wolves Virtual Military Command designated as a member of JAG.

(9) "Record", when used in connection with the proceedings of a court-martial means an official written transcript, written summary, or automatic log relating to the proceedings.

(10) All members of the Sea Wolves Virtual Military Command are subject to the Sea Wolves Universal Code of Military Justice.

(11) A Court Martial Judge shall be a member of Sea Wolves Virtual Military Command with rank of not less than Rear Admiral (LH) or Brigadier General.

II. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT

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Presided over by the member’s Fleet Commander or Company Commander or any higher ranking member on the offenders direct Chain of Command and restricted to the following limitations.

Maximum penalty imposed may be fourteen (14) days suspension from the Sea Wolves Virtual Military Command.

Loss of promotion points not exceeding one (1) month’s average taken from previous three (3) months with a corresponding adjustment to promotion Roster.

In all cases liaison must take place with a JAG office prior to the hearing.

In the absence of the Fleet Commander or Company Commander the hearing may be presided over by the command Executive Officer (XO).

A JAG officer will attend all disciplinary hearings to observe and record events. Records of all events shall be maintained by JAG for no less than ninety (90) days.

An officer under punishment under this article who considers the punishment unjust or disproportionate to the offence may appeal to the next superior authority or directly to the Judge Advocate General office. The appeal shall be promptly forwarded and decided. The punishment will be held in abeyance until appeal is decided.

In the event of an appeal the CJAG will arrange for a review board to be convened and cause a full JAG investigation to take place and report findings to that review board.

The review board will not change the findings of the hearing only affirm or change the degree of punishment.

Where the Non-judicial Punishment is presided over by an officer senior to the Fleet Commander or Company Commander

the maximum penalty imposed shall be the reduction in rank of not more than 2 levels

suspension from SWMC for a period not exceeding 30 days. In the case of a member on accelerated promotion, the reduction in rank may be to the immediately prior rank held.

In all cases liaison must take place with a JAG office prior to the hearing.

It is the presiding officers duty to ensure that an investigation into the facts of the case has been fully conducted prior to proceeding with the hearing.

Disciplinary action awarded at Non-judicial Punishment hearings may be suspended at the discretion of the presiding officer.

III. COURT MARTIAL

1. Shall consist of not less than three (3) Judges

2. Maximum penalty imposed shall be dismissal from Sea Wolves Virtual Military Command.

3. May only be convened by an officer of Vice Admiral or Major General rank and above on the direct Chain of Command of the offender.

The prosecutor is to be Chief Judge Advocate General.

No person facing a Court Martial will be tried by a member of lesser rank unless at the specific instruction issued by the Fleet Admiral; Sea Wolves Virtual Military Command.

The convening member must ensure that all known facts are passed to JAG Office in order that a full investigation can take place by JAG Officers .

Resulting charges if deemed appropriate will be issued by the JAG office on completion of this investigation.

The Chief Judge Advocate General will be responsible for assembling the Court Martial Judges once notification has been received from the convening member and the JAG investigation is complete.

The member charged may be represented by any officer of his choice to aid in his defense and if one is not chosen one may be supplied or appointed by the JAG Office.

Any decision taken or punishment imposed by the Court shall, at the courts discretion be applicable across all divisions the member is part of.

Any SWMC member involved in such proceedings in any manner must be aware that the proceedings are a closed court and must not disclose any facts he/she obtains as a result of being involved, before, during or after the court sitting.

A Court Martial may be held by a Single Judge if the accused so requests and the senior commander of the division the member is in approves

IV. TRIAL PROCEDURE

1. The court shall appoint a chairperson.

2. All evidence for submission to the court must be sent to the Chairperson prior to the court sitting and the Chairperson is to ensure that all parties have a full copy of that evidence before the hearing.

3. The Chairperson shall be responsible for appointing a court recorder and ensuring an accurate record of events is kept.

4. The chairperson shall be responsible for delivering a report of the court findings and deliberations to all parties involved including both Fleet Admiral; Sea Wolves Virtual Military Command and Chief Judge Advocate General on completion of court business.

5. It will be the duty of the JAG office to advise the accused of his right be represented at the hearing.

6. Proceedings are not public and it shall be the duty of CJAG to publish on JAG site a précis of the court findings.

V. PUNITIVE ARTICLES

Any action contrary to the Rules of Engagement of the appropriate division.

Use of foul language and inflammatory statements or gestures to any other member of the Sea Wolves Virtual Military Command.

Showing disrespect to any other member of the Sea Wolves Virtual Military Command.

Disobeying the lawful commands of a senior officer of the Sea Wolves Virtual Military Command.

Issuing of false or misleading statements for any reason.

Sedition or incitement to mutiny.

Failing to uphold the Good order and traditions of the Sea Wolves Virtual Military Command.

Use of any cheat or advantage not available or allowed by all other members whether specifically itemized in the Rules of Engagement or not.

Dereliction of Duty.

Conduct unbecoming an officer and a gentleman.

VI. MISCELLANEOUS PROVISIONS

1. JAG officers are members of the Sea Wolves Virtual Military Command with not less that twelve (12) months seniority and seconded to the JAG Corps.

2. JAG officers are appointed by the Fleet Admiral; Sea Wolves Virtual Military Command after recommendation by the Chief Judge Advocate General.

3. Any member may be dismissed from SWMC by administrative order made by the Fleet Admiral; Sea Wolves Virtual Military Command.

4. A Review Board shall consist of the next higher ranking member in the offenders Chain of Command not previously involved in the case plus one JAG officer. In event of no final decision reached it shall be passed to CNO-Division for consideration.

5. Any member dismissed by Administrative action may appeal to the office of Chief Judge Advocate General for a full investigation and subsequent review if the application is made in writing within fourteen (14) days of the order being received.

6. If Chief Judge Advocate General receives such a request appealing against an administrative action it shall be the duty of Chief Judge Advocate General to initiate an investigation and to convene a Review board of three (3) officers consisting of RDML(LH) or Brigadier General rank and higher to consider the action. The review board will report its findings to the Fleet Admiral; Sea Wolves Virtual Military Command and CNO Division with a copy to Chief Judge Advocate General.

7. If the findings of the review board conflict with the Fleet Admiral; Sea Wolves Virtual Military Command decision and a compromise is not reached to satisfy all parties then a Court Martial shall be convened charging the member with the original offences.

9. Any member who feels he or she is being unfairly treated may submit a report form that will come auto mail to JAG. JAG will then ensure that the appropriate level of the Chain of Command is informed and assist in any manner required.