Misc Pub 27-8 Legal Handbook Commander’s 2019


Policy Memos, OPDs, And Mentoring



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
2. Policy Memos, OPDs, And Mentoring
Commanders are used to coaching and mentoring across the full spectrum of leadership and often want to share their philosophy on military justice as they try to develop junior leaders. When this coaching and mentorship covers military justice, however, problems may arise. Subordinate commanders may start to change their actions based not on what they think the appropriate action is, but based on what they think their superior wants to see. Congress was
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aware of this tension and wrote in Article 37 that it is acceptable to give general instruction on military justice on things like procedure and what constitutes offenses. Once you start to talk about expectations of results, specific offenders, or any matter that may alter the way a subordinate commander decides disposition, a witness testifies, or a potential panel member votes regarding guilt or a sentence, you maybe committing UCI. In Appendix B, you will see some readings on this problem. Note that this tension has been around fora longtime. You will not be the first commander that will want to coach and mentor on military justice, and you won’t be the last. The best thing to do is to talk to your Judge Advocate about how to craft a message that provides Lawful Command Emphasis and avoids UCI.
3. Subordinates Committing UCI Without Your Knowledge
As you gain experience and responsibility in the court-martial process, you tend to commit fewer mistakes and instead, have to deal with the mistakes of your subordinates. If your Judge Advocate brings you a problem that a subordinate has created, work to fix the problem at your level. Often, if you fix the problem, the military judge will later find that you solved the problem.
D. Examples Of UCI
• I am absolutely uncompromising about discipline in the leader ranks I am going to CRUSH leaders who fail to lead by example There is no place in the Army for drug users Reduction in grade and $500 is a starting point “TDS is the enemy The accused is a scumbag. Stay away from him You testified for the accused You have embarrassed the unit PAO comments They will likely be discharged from the Army.”

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