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MILITARY LAW

[This page is still "under construction" and developing new content.] While the current information should be of assistance to you, there will be several more updates in the weeks to come. You are invited to provide your thoughts and input regarding the development of this page to webmaster@healy-law.com

There is an entire body of law which applies to the military and its members, and which is generally inapplicable to civilians. The most common of these laws is the Uniform Code of Military Justice (UCMJ). When service members are on active duty or are engaged in certain military activities, they are subject to the UCMJ. The UCMJ has both punitive applications and administrative applications.

All too often, civilians question why the Constitutional Rights which they enjoy are not also enjoyed by members of the military (such as the ability to challenge their superiors and the exercise of the freedom of speech). Since we are currently an all-volunteer force and anyone serving in the military has voluntarily agreed to be in the service, we are then bound by many significant restrictions upon personal conduct. These restrictions include obedience to the provisions of the UCMJ and the orders of the officers appointed over the service member.

If you are in Federal Service, your Commander in Chief is the President of the United States. For National Guardsmen, their Commander in Chief is the Governor of that state. Even though Guardsmen wear the uniform of the respective federal military components, they are truly employees of the state government until such time as they are placed under Federal Orders (such as a "call up"). When Guardsmen are in Federal Status, they are answerable to the President an all the applicable Federal laws. As you can see, it can be a complicated maze of laws and regulations, and what applies to you and your situations all turns on your status at any given time.

From the UCMJ comes the American system of Courts Martial and lesser non-judicial punishment procedures for violations. If you are in the Navy or Coast Guard, the later is called Captains Mast, in the USMC, it is Office Hours, and if you are in the Air Force or Army, it is called an Article 15 or NJP.

If you are interested in links regarding military law subjects, click here: http://www.jagcnet.army.mil

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