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Originally Posted by Tempus
Article 86 does cover reservist drilling, it makes no distinction. I know that its currently a bit more relaxed - you just miss pay. You typically get to miss 2 drills a year with no harm (still get credit towards retirement.) However, command discretion is the key here - they could stil choose to charge you under article 86.
http://usmilitary.about.com/library/...htm?once=true&
RE: Charging the CIC with war crimes for soldiers actions. Thats the dumbest thing I have ever heard. People make choices. No one FORCES a soldier to obey an unlawful order. |
You are correct typically, two missed drills with no legitimate excuse is the general rule.
One of my collateral duties has been as a legal officer and as a SACO. There is lots of case law regarding reservist and Article 86 offenses and precedent makes it almost impossible to convict a reservist (not on active duty orders) of an Article 86 offence. The problem is not with your reading of the UCMJ but as it apply to reservist and their status under the UCMJ. For instance if a reservist pops positive for pot on a urinalysis during a drill weekend. He can’t be place on active duty for trial under the UCMJ. The assumption is that the crime was committed during the week , while the reservist was not covered under the UCMJ. Therefore, the policy is to administratively separate the reservist with the lowest characterization of service possible.