Thank you to both Brett and Steve for making the adjustments to my post. I was hoping any errors would be corrected. Sometimes I have a tendancy to exagerate a point to make it stand out. This is very funny while messing around, and I temper it when trying to provide actual information.
For an otherwise great post, I can't let this slip by the filter. Being a military member does not remove one's constitutional protections. The UCMJ is an additional set of rules, but it does not replace or supersede the Constitution.
Brett
This is good to know, and I am misinformed. I was under the impression that the UCMJ limited and re-wrote many of the military member's constitutional rights, especially those regarding due process and what we may say in public or assembley. Thus it just appeared to be a wholesale replacement. I will look into this further before making that type of statement again.
No right to free speech or assembly? Who the hell told you that? That's incorrect.
Actually, yes, you are innocent until proven guilty.
It takes a lot of work to process someone for NJP or a court marshal. They don't have to just pick an Article out of thin air and hope it sticks.
As for the NJP process, I do take heart that it does have safeguards and tiers built in for the accused to plead their case, maybe even more than in the civilian world at times. Cheif's board, XO Review, and Captains Mast do provide multiple opportunities for the issue to be handled at the lowest level possible.
Steve is absolutely correct in stating that the command just can't pick an article and charge someone, because the levels mentioned above provide a check against unfettered accusations at all levels of command.
I would like to say that it appeared to me that if the command feels the need to punish someone and could not prove the charge they would like to have, they may use a lesser or more ambiguous charge. For instance, a sailor may be charged with Article 92 - Failure to obey an order for fighting instead of a battery charge if the other person (military or civilian) decides not to press charges.
Of course, this is from personal observation and deduction, so it may be off base. I have not had the need to learn the military law proceedings in detail like a Division Officer might. I am hoping the officers on here would be willing to fill in the blanks, like Brett and Steve did previously.
P.S. I think this is an important discussion, especially for those of us who are not completely informed or are new to the military, and I appreciate the time everyone is spending on it. Junior enlisted will rely heavily on the knowledge their Divison Officers possess (obviously from my misstatements previously) in this matter.