Originally Posted By: Johnny
Educate me on these matters. If the Seals had not requested the court marshall, what would have happened to them if a single judge (officer) decided the case and found them guilty?
This basicly sums it up and how they ended up at Court martial:
Quote:
Field Grade (O-4 to O-6) may impose:
Restriction for not more than 60 days
Extra duties for not more than 45 days
Restriction with extra duties for not more than 45 days
Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
Forfeiture of one half of base pay for two months
Reduction by one grade if (E-6 or E-5 US Army) (USMC E-5); or reduction any number of grades (E-1 to E-4 US Army).
Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
Admonition or reprimand, either written or verbal.
If the member considers the punishment to be unjust or to be disproportionate to the misconduct committed, he or she may appeal to higher authority. The appeal authority may set aside the punishment, decrease its severity, or deny the appeal, but may not increase the severity of the punishment. Personnel also are permitted to refuse NJP in favor of a Court Martial; this would be done in cases where they do not feel their Commanding Officer will give them a fair hearing, but this option exposes service members to future public disclosure of military court records. Navy and Marine Corps Personnel assigned to or embarked aboard ship do not have the option of refusing NJP nor can they appeal the decision of the office imposing punishment; they may only appeal the severity of the punishment.
You need to understand also that it can be any combination of the above not simply 1 of these as punishment. In this area 45 days restriction and extra duty plus half a months pay by 2 months and reduction in rank is pretty standard. I've also seen members choose 3 days bread and water in the brig when given the option.
At Mast the CO could choose from a low of verbal reprimand up to ending their careers and processing them out of the service with an "Other Then Honorable discharge". If you notice spending time in Levenworth is not an option. By going to Court Martial they could be sentenced to time here and then receive a dishonorable discharge.
http://en.wikipedia.org/wiki/United_States_Disciplinary_Barracks
A negative result at Court Martial would also follow them into the civilian sector unlike NJP which would only be in their military records unless they received an OTH discharge. Then it would be noted on their DD 214. Military vets need that 214 when applying for VA benefits and/or applying for a job, particularly a government or government contractor job.
http://en.wikipedia.org/wiki/DD_Form_214