Formal Process/Uniform Code of Military Justice

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When a formal disciplinary process needs to be initiated for conduct in uniform or for prohibited off-duty conduct, the Auxiliary's process is based on the Uniform Code of Military Justice: the same rules used by the military and uniformed service branches. Missouri's version of the UCMJ is defined by Missouri Revised Statutes Chapter 40 (RsMO 40), "Military Justice", and is required for the Missouri National Guard (when not in Federal service) and Missouri State Guard. As we are required in our organization documents to be designed to operate within a State Guard structure when necessary, following Chapter 40 in our own operation makes our system compatible with the state process and prevents us from having to reinvent the wheel.

Because the UCMJ--- and even Missouri's simplified version--- is large, complex, and covers situations which we will in all likelihood never be faced with, we will define our own processes and exceptions to the UCMJ as we go, documenting them in our Volunteer Handbook, in our SOPs/SOGs, and in formal statements from previous cases. When there is a Sheriff's Office or Auxiliary policy on a matter, we follow it first, then go to Chapter 40 for matters where we do not have a defined process. This is the same way, for instance, that Robert's Rules of Order is used by organizations: our rules first, then fall back on Robert's Rules.

When a formal disciplinary matter occurs, there are some immediate responsibilities to handle as quickly as possible:

  • Act to preserve any evidence which will bear on the matter (e.g. witnesses, documents, reports, electronic records) which may otherwise be lost or destroyed.
  • Obtain a formal statement of the complaint from whoever is initiating it ("complainant" or "initiating party").
  • Notify the defendant that a complaint has been initiated and advise them of their rights (see Article 31B Rights).
  • Notify your immediate superior.
  • Notify appropriate staff of a formal proceeding (Senior NCO for enlisted, Executive Officer for officers) or their superiors if they are the target of the complaint. They will determine if and when the matter needs to go further up the chain to the Commander or Sheriff's Office.