Posted: 1/7/2008 9:15:05 AM EDT
| Does the UCMJ apply to contracted cadets? Specifically the parts about speaking about the commander in chief? |
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No. Cadets are not soldiers and not bound by the UCMJ. The most the Professor of Military Science (PMS) can do is request their scholarship be recinded and or revoke their contrct and remove them from the program if what the cadet did or said is of such a unprofessional nature. The PMS can not however have them removed from the Military Science and leadership class as this is open to all students as freshmen and sophmores. If they are a junior or senior, once their contract is pulled, they can be removed from the class as well as you must contract before you can enroll as a junior. Most PMS' would not remove a cadet for voicing their opinion about the POTUS cause it's all about numbers and commissions don'tcha know. As s Senior Military Science instructor (the E8 MSG) I would ream that cadets ass until they cried and make them an outcast in their own class. I've chewed cadets' asses before so bad they wanted to leave the program. The PMS' keep forgetting the part about "make mission with quality". I would do this because if they feel that way now, it won't change after they commission and definitely would interfere with "good order and discipline" in any unit they served. If cadets don't/can't buy into what the military does and why we do it, they need to find another line of work. We do our best to convince them they should adopt the 7 Army values as their own. Failure to do so will affect their career in the military. |
I know this is of topic, but I don't understand for the life of me, that people would voluntarily join the military knowing that they might have to go to war (in the case of the boob Watada the war was going on) and then refuse orders or desert etc....etc... I think they are without excuse... |
I could not believe it when a class mate at El Cid, contracted since 2005, started talking about how "I better not be going to Iraq, if I can't get JAG I'm goin to Canada." Honestly, what the fuck? You joined up 4 YEARS INTO A WAR and somehow think its ok to do anything necessary to avoid combat? |
| Thanks for the reply. I am non contracted right now but in the MS III class. I have to pass my PT test co that I can contract. One of our cadets doesn't know to shut his mouth, or not post stuff on facebook. He likes to call Bush a liar, and trash republicans. It was by the grace of God (or cadre) that he didnt get a N on the last patrolling lane we did when he was PL. I dont know why he wants to be in the army but I really he gets AG (which he wants) so maybe he wont get someone killed. |
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Tango Chaser, Obviously you know more about this than I do, but doesn't it depend on whether the cadet is Reserve or NG, and whether they are on orders at the time? We have a cadet (USAR), and I was under the impression that he was subject to UCMJ while on orders with us. Just asking out of curiosity. He is a good cadet and should make a fine officer. |
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I know nothing about ROTC. However, Article 2 of the UCMJ states whom it is applicable to. "(a) The following persons are subject to this chapter: (1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it. (2) Cadets, aviation cadets, and midshipman. (3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service. (4) Retired members of a regular component of the armed forces who are entitled to pay. (5) Retired members of a reserve component who are receiving hospitalization from an armed force. (6) Members of the Fleet Reserve and Fleet Marine Corps Reserve. (7) Persons in custody of the armed forces serving a sentence imposed by a court-martial. (8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces. (9) Prisoners of war in custody of the armed forces. (10) In time of war, persons serving with or accompanying an armed force in the field. (IMPORTANT NOTE: EFFECTIVE JANUARY 1, 2007, CONGRESS CHANGED THIS PROVISION TO READ: "In time of declared war or a contigency operation, persons serving with or accompanying an armed force in the field." (11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (12) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment. (c) Notwithstanding any other provision of law, a person serving with an armed force who-- (1) Submitted voluntarily to military authority; (2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority: (3) received military pay or allowances; and (4) performed military duties: is subject to this chapter until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned. (d) (1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 ( article 15) or section 830 ( article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-- (A) investigation under section 832 of this title ( article 32) (B) trial by court-martial; or (C) non judicial punishment under section 815 of this title ( article 15). (2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was (A) on active duty; or (B) on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service. (3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President. (4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the armed forces. (5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not-- (A) be sentenced to confinement; or (B) be required to serve a punishment of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)). |
If the ROTC cadet is in the guard or reserve, they are subject to the UCMJ. The PMS can only report violations to the cadets chain of command as he does not have UCMJ authority over an ROTC cadet.
That refers to service school cadets such as West Point, Naval academy and so on. Not ROTC. I spent 2 1/2 years as the Senior Military Science Instructor at Minnesota State University, Mankato. We delt with honor and integrity issues all the time. All we can do is remove them from the progam and pull any scholarships. |
