Legal Definitions - punitive articles

Punitive articles refer to a specific set of laws within the Uniform Code of Military Justice (UCMJ), which is the foundational legal framework governing all U.S. military personnel. Specifically, Articles 77 through 134 of the UCMJ are designated as punitive articles.

These articles are crucial because they define the various criminal offenses that service members can commit. They clearly outline prohibited conduct, ranging from minor infractions to serious felonies, and establish the legal basis for charges, disciplinary actions, and courts-martial within the military justice system. Essentially, they list the "crimes" in the military and what constitutes them.

• Example 1: A soldier stationed overseas decides to leave their post without authorization for several days to visit a nearby city. Upon their return, they are apprehended by military police.

  Explanation: This soldier's actions would likely fall under Article 86 of the UCMJ, which defines "Absence Without Leave" (AWOL). Article 86 is one of the punitive articles, clearly establishing that unauthorized absence is a military crime and providing the legal grounds for disciplinary proceedings against the soldier.

• Example 2: An Airman working in a supply depot is discovered to have been regularly taking small items, such as tools and electronic components, for personal use without permission.

  Explanation: The Airman's theft would be addressed by Article 121 of the UCMJ, which covers "Larceny and Wrongful Appropriation." As a punitive article, Article 121 defines the act of stealing as a specific military offense, allowing the military justice system to prosecute and punish the Airman for their conduct.

• Example 3: During a training exercise, a Navy petty officer is given a direct, lawful order by their commanding officer to perform a specific task, but the petty officer openly refuses to comply.

  Explanation: This act of insubordination would likely be covered by Article 91 of the UCMJ, which addresses "Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer," or potentially Article 90 for a superior commissioned officer. These are punitive articles that define the serious offense of disobeying lawful orders within the military hierarchy, providing the legal basis for disciplinary action against the petty officer.