By Robert Stines
When I was shipped off to Fort Jackson for Army basic training in 2007, one of the first lessons I learned was that military members are governed by a different set of laws ― The Uniform Code of Military Justice (UCMJ). Under the UCMJ, soldiers can be charged, tried, and convicted of a range of crimes, including common-law crimes such as arson and military-specific crimes such as desertion. It is also possible for a military member to be convicted in both state and military court for the same offense (no double jeopardy). My battle buddies and I were surprised to learn that the UCMJ had some odd laws. One odd law governed intimacy with my wife (I will not discuss that here). The intimacy law has since changed, but there are some other odd laws that still stand.
Dueling
There must be some historical reason why the military decided dueling was an issue that had to be dealt with under the UCMJ. The UCMJ defines dueling as: (a) the accused fought another person with deadly weapons; (b) the combat was for private reasons; and (c) the combat was by prior agreement. The military took this issue so seriously that it decided the maximum punishment should be a dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year.
Drinking liquor with a prisoner
Again, this must have been a serious problem for the military to warrant codifying this law. Actually, I can see a situation where a military member is ordered to guard another brother/sister in arms and decides that having a drink (or 10) with a fellow member is not such a bad idea. The maximum punishment for the drinking buddy offense is confinement for three months and forfeiture of two-thirds pay per month for three months.
Indecent language
After serving four years in the military, I had no clue that using indecent language was punishable. It would be interesting to research the history of this law and why it became necessary to punish a military member for “cursing like a sailor.” According to the UCMJ, “‘Indecent’ language is that which is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought.” The punishment is worse if it is communicated to a child younger than 16. In such a case, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years. In other cases, the maximum punishment is bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.
Abusing a public animal
Public animals include any animals owned or used by the United States. The UCMJ gives an example of military working dogs. Who in their right mind would attempt to abuse a military working dog? They are wonderful, obedient, yet vicious animals (take a tour of MacDill Air Force Base for an exhibition). Anyone stupid enough to do this should get a stiff punishment, but the military decided the maximum punishment is confinement for three months and forfeiture of two-thirds pay per month for three months.
There are other odd laws under the UCMJ that I could not discuss because of the word limitations of this article. Some examples: straggling (never fallback in a march); jumping from a vessel (this must have been a Navy problem); communicating a threat (I wish my drill sergeant in basic training knew this one – he threatened to maim me on several occasions for being stupid). Although I presented these laws as a topic of amusement, I do not mean to make light of the importance of the UCMJ and its necessary role in keeping law and order in the military ranks.
