Posted on Jan 13, 2019
What are the regulations for double jeopardy under UCMJ?
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So my SPC and I were driving in the field, I was TCing. We were stopped at a checkpoint in the field by MPs and were given a citation for not wearing a seatbelt. Later that night out battery commander told our PL to counsel us for it.
In the counseling our Plan of Action was to: Ensure we wear seatbelts at all times under post rules, check our platoons seatbelts before every roll out, and that if we do it again they would recommend us for UCMJ. Okay, cool.
So the next day Brigade Commander puts out that seatbelt violations will now be Article 15s. Okay cool.
Now here I am getting a field grade and CSM says it's not double jeopardy because one was corrective action and this is punishment.
What are my options, help.
In the counseling our Plan of Action was to: Ensure we wear seatbelts at all times under post rules, check our platoons seatbelts before every roll out, and that if we do it again they would recommend us for UCMJ. Okay, cool.
So the next day Brigade Commander puts out that seatbelt violations will now be Article 15s. Okay cool.
Now here I am getting a field grade and CSM says it's not double jeopardy because one was corrective action and this is punishment.
What are my options, help.
JAG
UCMJ
Article 15
Posted >1 y ago
Responses: 10
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One incident? Bde announcement came out the day after?
Take dated copies of the DR and the announcement with you.
Prove the announcement was after the fact, and that you were counseled for the infraction.
Black and and white helps a lot.
Take dated copies of the DR and the announcement with you.
Prove the announcement was after the fact, and that you were counseled for the infraction.
Black and and white helps a lot.
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CSM Charles Hayden
SGT (Join to see) I meant to submit those documents for evidence for the field grade Art 15.
I dunno. I have been retired too long to say more.
Someone in your CoC should provide wise counsel.
I dunno. I have been retired too long to say more.
Someone in your CoC should provide wise counsel.
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LTC Jason Mackay
CSM Charles Hayden - the Brigade Commander has the authority and the prerogative to rip this out of a subordinate commander's hand, especially if they feel it is not being handled properly (sword cuts both ways on this).
Successively senior Commanders may withhold UcMJ authority on certain offenses for a variety of reasons to maintain good order and discipline. Example: BDe CDR holds all alcohol offenses.
The "coincidence" of the policy and the event was likely because he or the CSM saw the blotter report for this specific incident. 1LT (Join to see)
Successively senior Commanders may withhold UcMJ authority on certain offenses for a variety of reasons to maintain good order and discipline. Example: BDe CDR holds all alcohol offenses.
The "coincidence" of the policy and the event was likely because he or the CSM saw the blotter report for this specific incident. 1LT (Join to see)
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1. Talk to legal. That's what they are there for.
2. This isn't "double jeopardy" (5a: "...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb...", which is generally held not to apply to the military in its entirety due to the preceding clause "except in cases arising in the land or naval forces.")
3. A counselling statement does not preclude further action at the NJP or CM level. That's usually a bullet point on the counselling sheet.
2. This isn't "double jeopardy" (5a: "...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb...", which is generally held not to apply to the military in its entirety due to the preceding clause "except in cases arising in the land or naval forces.")
3. A counselling statement does not preclude further action at the NJP or CM level. That's usually a bullet point on the counselling sheet.
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SSG Lyle O'Rorke
SGT (Join to see) you have the right to talk to trial defense prior to signing any article 15. You also have the right to request CM if you feel so.
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1LT (Join to see)
SGT (Join to see) - You always have a right to talk to JAG, just like you have the right to speak to a SHARP or EO representative even if you are in the field. You need to speak to someone if your chain of command is refusing to help you.
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1LT (Join to see)
SGT (Join to see) - You are welcome SGT! I hope everything works out in your favor. I personally do not think a seat belt violation should result in an Article 15. I also had experience in law enforcement, so I have different views on what should be punishable under UCMJ.
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This is not double jeopardy. This is a case of something happening, you getting counseled and later an action plan being put into place and then you getting hit with the consequences. Double jeopardy would be if you did something off post, got dinged for it by the locals and then later dinged by your command, but that is another matter.
As for your options? You were caught and counseled. Acquire that paperwork. Then acquire a copy of the directive about seat belts from Bde. Then the paperwork informing you of your FG AR 15 and take all that to JAG. From there see what they say. It should be dropped.
As for your options? You were caught and counseled. Acquire that paperwork. Then acquire a copy of the directive about seat belts from Bde. Then the paperwork informing you of your FG AR 15 and take all that to JAG. From there see what they say. It should be dropped.
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SGT (Join to see)
Thanks for the information! Good advice and I'll definitely take it, hopefully it works out. Again thanks!
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SGT John Kristjansson
Getting dinged for an off-post incident by civil authorities and seeing UCMJ for the same incident would probably not violate double-jeopardy due to the separate sovereignty doctrine. State authority tries and acquits followed by a trial at the federal level for the same offense isn’t problematic. If you were hit with a federal charge, tried, acquitted, and then hit with UCMJ, there’d likely be a problem, as military authority derives from federal authority. There are some circumstances where a person could be subject to three separate trials (federal, state, and tribal) without necessarily triggering double jeopardy, but that’s largely an academic exercise.
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