Command Response to Misconduct

Commanders are tasked with maintaining good order and discipline within their units.

In the military justice system, commanders have a quasi-judicial role in that they make decisions that are made by prosecutors or judges in the civilian legal system.

Upon a report of minor misconduct, a commander's primary responsibility is to investigate the facts and circumstances. For more serious crimes like sexual assault or drug offenses, commanders should notify the appropriate law enforcement agency.

You may direct the following steps as part of your investigation:

• Informal investigation

• Formal investigation

• Preliminary Hearing under Article 32, UCMJ

Consider the following when determining an appropriate disposition:

• Nature of the offense

• Effect on unit good order and discipline

• Appropriateness of punishment allowed

• Motive of accuser/victim

• Reluctance of victim to testify

• Cooperation of accused

• Treatment of similar offenses

• Admissibility of evidence

Based on your findings and the factors listed, take appropriate action:

• No action/dismissal

• Administrative action (e.g. letter of reprimand, bar to reenlistment, relief for cause)

• Nonjudicial punishment under Article 15, Uniform Code of Military Justice

• Court-Martial