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Article 15: Difference between revisions
From StarFleet Bureau of Information
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To initiate Article 15 action, a commander must have been presented evidence that establishes beyond a reasonable doubt that a member under their command committed an offense under the SFUCMJ. Article 15, SFUCMJ gives a commanding officer power to impose disciplinary procedures on individuals for minor offenses. | To initiate Article 15 action, a commander must have been presented evidence that establishes beyond a reasonable doubt that a member under their command committed an offense under the SFUCMJ. Article 15, SFUCMJ gives a commanding officer power to impose disciplinary procedures on individuals for minor offenses. | ||
The term “minor offense” means misconduct normally not more serious than that usually handled at summary court-martial (where the maximum disciplinary measure is thirty days' confinement). These sources also indicate that the nature of the offense and the circumstances surrounding its commission are also factors that should be considered in determining whether an offense is minor in nature. The term “minor offense” ordinarily does not include misconduct which, if tried by general court-martial, could be punished by a dishonorable discharge or confinement for more than one year. Star Fleet | The term “minor offense” means misconduct normally not more serious than that usually handled at summary court-martial (where the maximum disciplinary measure is thirty days' confinement). These sources also indicate that the nature of the offense and the circumstances surrounding its commission are also factors that should be considered in determining whether an offense is minor in nature. The term “minor offense” ordinarily does not include misconduct which, if tried by general court-martial, could be punished by a dishonorable discharge or confinement for more than one year. Star Fleet, however, has taken the position that the final determination as to whether an offense is “minor” is within the sound discretion of the commanding officer. | ||
Note, Article 43 of the SFUCMJ prohibits the imposition of NJD more than two years after the commission of the offense. | Note, Article 43 of the SFUCMJ prohibits the imposition of NJD more than two years after the commission of the offense. | ||
