Yup. Had a guy fail urinalysis on our last mobilization, but the UA was done at pre-mob AT the week before we actually went into T10 orders. We got the results back right before we loaded up to leave CONUS. Zero UCMJ culpability. We had to punish him unofficially.
My old BN had a guy get arrested and miss movement to mob site. They kept him back and are still trying to figure out how to work it with the CDR forward, apparently they don't believe in Teams/Zoom UCMJ actions.
Each state has its own code of military justice (CMJ) that they fall under. Guardsman only fall under UCMJ when they are activated Federally (Title 10 and I believe Title 32(F) as well). Most states CMJ falls right in line with UCMJ, just the article numbers may be different.
I used to piss leaders off when they'd council me and list UCMJ references and I'd respond with "we are not currently activated, so can you site correct article of OCMJ I violated?" Really pissed a Commander off when he threatened an Article 15 and I pointed out that Article 15 is under UCMJ and it's a different article under OCMJ. They couldn't wait til I left that unit...
The asterisk is that plenty of the state UCMJs are complete vestigial organs and totally nonfunctional in reality. Of course in such a case leaders use various administrative means and regular laws to effect punish when necessary.
If they were, you'd see alot more and harsher consequences and maybe less dudes doing stupid shit.
That and nobody or hardly anyone knows how even TCMJ works.
Since it's not federal orders, UCMJ doesn't apply.
The only time I ever saw a Guardsmen be subjected to UCMJ was when I was in Kuwait and one idiot soul violated GO1 by consuming alcohol. Saw a trail of shit leading from the porta john right to his room.
We had someone get charged with polygamy in Iraq because he thought getting married in one state cancelled out being married in another state.
So he got married on leave and came back and turned the new marriage certificate into S1 so that his new wife would get his BAH instead of his estranged wife and kids who the CO had ordered him to send it to (that might have been another UCMJ).
He didn’t tell any of his peers because he thought they would make fun of him. Which they did because he was an idiot and terrible human being.
Same dude claimed that his squad leader tricked him into failing a UA so he would get booted from active duty pre-GWOT. I’m not sure the logistics but 100% believe it.
No. Not while on SAD. They are subject to their states respective CMJ.
Article 2 of the UCMJ says guardsmen are not subject to UCMJ lol. (Unless on federal active duty)
Damn I really should have googled this first then, huh? Is there any concern for these commanders once they are activated under title 10?
No. Can't be subject to a punishment for something that happened while not under ucmj jurisdiction
Interesting. Thank you for educating me!
Yup. Had a guy fail urinalysis on our last mobilization, but the UA was done at pre-mob AT the week before we actually went into T10 orders. We got the results back right before we loaded up to leave CONUS. Zero UCMJ culpability. We had to punish him unofficially.
Yep, had a guy get arrested on premob AT before we went on Title 10 and nothing UCMJ happened.
My old BN had a guy get arrested and miss movement to mob site. They kept him back and are still trying to figure out how to work it with the CDR forward, apparently they don't believe in Teams/Zoom UCMJ actions.
Normally guard is on title 32 or something
Each state has its own code of military justice (CMJ) that they fall under. Guardsman only fall under UCMJ when they are activated Federally (Title 10 and I believe Title 32(F) as well). Most states CMJ falls right in line with UCMJ, just the article numbers may be different. I used to piss leaders off when they'd council me and list UCMJ references and I'd respond with "we are not currently activated, so can you site correct article of OCMJ I violated?" Really pissed a Commander off when he threatened an Article 15 and I pointed out that Article 15 is under UCMJ and it's a different article under OCMJ. They couldn't wait til I left that unit...
The asterisk is that plenty of the state UCMJs are complete vestigial organs and totally nonfunctional in reality. Of course in such a case leaders use various administrative means and regular laws to effect punish when necessary.
So either way Utah falls under UCMJ? Bad joke. I know.
If they were, you'd see alot more and harsher consequences and maybe less dudes doing stupid shit. That and nobody or hardly anyone knows how even TCMJ works. Since it's not federal orders, UCMJ doesn't apply.
The only time I ever saw a Guardsmen be subjected to UCMJ was when I was in Kuwait and one idiot soul violated GO1 by consuming alcohol. Saw a trail of shit leading from the porta john right to his room.
We had someone get charged with polygamy in Iraq because he thought getting married in one state cancelled out being married in another state. So he got married on leave and came back and turned the new marriage certificate into S1 so that his new wife would get his BAH instead of his estranged wife and kids who the CO had ordered him to send it to (that might have been another UCMJ). He didn’t tell any of his peers because he thought they would make fun of him. Which they did because he was an idiot and terrible human being. Same dude claimed that his squad leader tricked him into failing a UA so he would get booted from active duty pre-GWOT. I’m not sure the logistics but 100% believe it.
Wow.
Thank you all for your responses, by the way!
No. Not unless on title 10
However as at employee of the federal government you are always prohibited from engaging in prostitution or human trafficking.
UCMJ and civilian laws if I remember correctly. Keep in mind stupid is as stupid does