Posted on Jan 22, 2021
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I was talking to a buddy from long ago. He was stationed at Ft. Leavenworth and he was telling me that there were some officers that were there serving time for various things and it got me to thinking about this question. We know that enlisted can get busted and lose a stripe but what about an officer. Can say a Captain get reduced in rank to a First Lieutenant?
Officers
Junior Officers
UCMJ
Posted >1 y ago
Responses: 27
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Had a Cpt./ Commander who was found Guilty of Art.133 for Frat/Adultery. He was relived of Command once Charges were made and forced to resin his Commission. He was Packed and Gone in 72 hours. This was in Germany in 97. Correct me if I'm wrong but all Officers are Promoted/ Commissioned by the President ,and can only be Demoted by Promoting Authorly.
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CPT (Join to see)
We are commissioned by the authority of the president but we can be reduced by a general officer.
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Not as a punishment, but what is/was called a RIF. Cannot happen to USA Officers but Reserve officers in the AUS. Some to lower grade officers and some to NCOs. I had a SGM that retired as a Colonel in 1966 because of a RIF after the war. A friend of mine, a Captain AUS, back in the day you made Captain in 24 months, that was reduced to a 0 time in grade 1LT USAR when he left AD after 36 months. Back then it took 3 years from 2LT to 1LT in USAR. Retired a LTC, USAR.
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I know of a CPT tjay was reduced in rank to 1LT, made CPT back and is trying to get a Command right now.
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I have every seen officer reduced personally. The only time I have heard of it is when they were subject to UCMJ and they were retired at the last rank there were honorably serving.
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Usually when you see a reduction in rank they're also retiring at the same time.
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Officers who go to federal prison/custody are still on active duty. Separation usually occurs upon release.
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LTJG Richard Bruce
Their pay is usually forfeited as part of the conviction. Here is a recent example;
10 Sep 20 2dMarDiv At a general court-martial at Marine Corps Base Camp Lejeune, a military judge convicted Second Lieutenant M. R. Nobis, pursuant to the accused’s
pleas, of wrongful use and possession of a controlled substance, making a false official
statement, and conduct unbecoming. The military judge sentenced the accused to 16
months of confinement, total forfeiture of all pay and allowances, and a dismissal. There was no plea agreement.
Following is an Appellate judgement re: USCG Academy GCM.
United States v. Webster M. SMITH, No. 1275 (C.G.Ct.Crim.App. 2008)
MCCLELLAND, Judge:
Appellant was tried by general court-martial composed of members. Contrary to his
pleas, Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of attempted failure to obey a lawful order, in violation of Article 80, UCMJ; one specification of sodomy, in violation of Article 125, UCMJ; one specification of extortion, in violation of Article 127, UCMJ; and one specification of indecent assault, in violation of Article 134, UCMJ. The court sentenced Appellant to a dismissal, confinement for six months, and forfeiture of all pay and allowances.
The Convening Authority approved the sentence as adjudged.
I would affirm the findings of guilty to sodomy, attempted failure to obey a lawful order,
and unauthorized absence. I would set aside the findings of guilty to extortion and indecent assault, and the sentence, and return the case to the Convening Authority for a rehearing.
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Commissioned officers are not discharged, but dismissed. In the above case, the officer retains his rank.
From the Manual of Courts-Martial;
(8) Punitive separation. A court-martial may not adjudge an administrative separation from the service. There are three types of punitive separation.
(A) Dismissal. Dismissal applies only to commissioned officers, commissioned warrant
officers, cadets, and midshipmen and may be adjudged only by a general court-martial. Regardless of the maximum punishment specified for an offense in Part
IV of this Manual, a dismissal may be adjudged for any offense of which a commissioned officer, commissioned warrant officer, cadet, or midshipman has been found guilty;
(B) Dishonorable discharge. A dishonorable discharge applies only to enlisted persons and warrant officers who are not commissioned and may be adjudged only by a general court-martial. Regardless of the maximum punishment specified for an offense in Part IV of this Manual, a dishonorable discharge may be adjudged for any offense of which a warrant
officer who is not commissioned has been found guilty. A dishonorable discharge should be reserved for those who should be separated under conditions of dishonor,
after having been convicted of offenses usually recognized in civilian jurisdictions as felonies, or of offenses of a military nature requiring severe punishment; and
(2) Based on rank of accused.
(A) Commissioned or warrant officers, cadets, and midshipmen.
(i) A commissioned or warrant officer or a cadet, or midshipman may not be reduced in grade by any court-martial. However, in time of war or national emergency the Secretary concerned, or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned, may commute a sentence of dismissal to reduction to any enlisted grade.
(ii) Only a general court-martial may sentence a commissioned or warrant officer or a cadet, or midshipman to confinement.
(iii) A commissioned or warrant officer or a cadet or midshipman may not be sentenced to hard labor without confinement.
(iv) Only a general court-martial, upon conviction of any offense in violation of the UCMJ,
may sentence a commissioned or warrant officer or a cadet or midshipman to be separated from the service with a punitive separation. In the case of commissioned officers, cadets, midshipmen, and commissioned warrant officers, the separation shall be by dismissal.
10 Sep 20 2dMarDiv At a general court-martial at Marine Corps Base Camp Lejeune, a military judge convicted Second Lieutenant M. R. Nobis, pursuant to the accused’s
pleas, of wrongful use and possession of a controlled substance, making a false official
statement, and conduct unbecoming. The military judge sentenced the accused to 16
months of confinement, total forfeiture of all pay and allowances, and a dismissal. There was no plea agreement.
Following is an Appellate judgement re: USCG Academy GCM.
United States v. Webster M. SMITH, No. 1275 (C.G.Ct.Crim.App. 2008)
MCCLELLAND, Judge:
Appellant was tried by general court-martial composed of members. Contrary to his
pleas, Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of attempted failure to obey a lawful order, in violation of Article 80, UCMJ; one specification of sodomy, in violation of Article 125, UCMJ; one specification of extortion, in violation of Article 127, UCMJ; and one specification of indecent assault, in violation of Article 134, UCMJ. The court sentenced Appellant to a dismissal, confinement for six months, and forfeiture of all pay and allowances.
The Convening Authority approved the sentence as adjudged.
I would affirm the findings of guilty to sodomy, attempted failure to obey a lawful order,
and unauthorized absence. I would set aside the findings of guilty to extortion and indecent assault, and the sentence, and return the case to the Convening Authority for a rehearing.
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Commissioned officers are not discharged, but dismissed. In the above case, the officer retains his rank.
From the Manual of Courts-Martial;
(8) Punitive separation. A court-martial may not adjudge an administrative separation from the service. There are three types of punitive separation.
(A) Dismissal. Dismissal applies only to commissioned officers, commissioned warrant
officers, cadets, and midshipmen and may be adjudged only by a general court-martial. Regardless of the maximum punishment specified for an offense in Part
IV of this Manual, a dismissal may be adjudged for any offense of which a commissioned officer, commissioned warrant officer, cadet, or midshipman has been found guilty;
(B) Dishonorable discharge. A dishonorable discharge applies only to enlisted persons and warrant officers who are not commissioned and may be adjudged only by a general court-martial. Regardless of the maximum punishment specified for an offense in Part IV of this Manual, a dishonorable discharge may be adjudged for any offense of which a warrant
officer who is not commissioned has been found guilty. A dishonorable discharge should be reserved for those who should be separated under conditions of dishonor,
after having been convicted of offenses usually recognized in civilian jurisdictions as felonies, or of offenses of a military nature requiring severe punishment; and
(2) Based on rank of accused.
(A) Commissioned or warrant officers, cadets, and midshipmen.
(i) A commissioned or warrant officer or a cadet, or midshipman may not be reduced in grade by any court-martial. However, in time of war or national emergency the Secretary concerned, or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned, may commute a sentence of dismissal to reduction to any enlisted grade.
(ii) Only a general court-martial may sentence a commissioned or warrant officer or a cadet, or midshipman to confinement.
(iii) A commissioned or warrant officer or a cadet or midshipman may not be sentenced to hard labor without confinement.
(iv) Only a general court-martial, upon conviction of any offense in violation of the UCMJ,
may sentence a commissioned or warrant officer or a cadet or midshipman to be separated from the service with a punitive separation. In the case of commissioned officers, cadets, midshipmen, and commissioned warrant officers, the separation shall be by dismissal.
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I will find you the regulation when I get a chance . Reduction in rank is not a punishment given to commissioned officers .
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