I am a captain. I got into an argument on the phone with a warrant officer in another unit. The argument got heated and he ended it by saying "f**k you" and hung up on me. Can I bring him up under UCMJ? If so, how can I make sure he is charged under UCMJ since I am not in his chain of command?
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience and current JAG officer.You can't bring him up under anything or make sure he is charged. Military law doesn't work like that. In fact, civilian law doesn't either.In civilian law, the prosecutor decides whether or not to proceed. They don't discuss the issue with the victims. In the military, the commander of the solider involved makes the decision. So, you can report this situation to that commander and if that commander wishes to bring the charges, they will be brought. If that commander does not wish to bring the charges, you'll have no power to force the issue.
What if I report it to his company commander and he doesn't care or doesn't do anything about it? Can I report it up to the battalion commander?
Yes, you can certainly go up the chain. If the battalion commander cares more, he/she can force some action or take his/her own action.
what article under ucmj can i bring him up on?
Once again, you can't bring him up on anything.His commander can.You can mention the facts to the commander involved and they will decide.If they choose to bring him up on some sort of charges, they would use Article 89 of the UCMJ.
Lawyer and current JAG officer.
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