Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-913 - Military Justice Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following definitions shall apply throughout this
				  regulation unless otherwise expressly provided.
Abet
- to encourage, incite, or aid another
				  to commit a crime. [LCMJ Article 77.]
Accessory After the Fact
- any person
				  subject to the LCMJ who, knowing that an offense punishable by the Code has
				  been committed, receives, comforts, or assists the offender in order to hinder
				  or prevent his apprehension, trial or punishment. [LCMJ Article 78.]
Accused
- one who is charged with an offense
				  under the LCMJ. Synonymous with "Defendant."
Accuser
-a ny person who signs and swears to
				  charges, any person who directs that charges nominally be signed and sworn to
				  by another, and any other person who has an interest other than official
				  interest in the prosecution of the accused.
Act
- includes a failure or omission to
				  perform a legal duty.
Actual Knowledge
- a state wherein the
				  person in fact knows of the existence of an order, regulation, fact, etc., in
				  question.
Additional Charges
- new and separate
				  charges preferred while other preferred charges are still pending against the
				  same accused.
Adjutant General
- a general officer
				  appointed by the Governor to act as the Adjutant General of the Louisiana
				  Military Forces pursuant to
				  R.S.
				  29:10. Abbreviated as TAG.
Admission
- a self-incriminatory statement
				  falling short of a complete acknowledgement of guilt. See also,
				  "Confession."
Admonition
- a warning or reminder given to
				  an offender that a specific act is considered to be misconduct; given to deter
				  repetition and to advise the offender of the consequences that may flow from a
				  recurrence of that misconduct. May be oral or written, but usually oral.
Affirmation
- see
Oath.
Aider and Abettor
- one who shares the
				  criminal intent or purpose of the perpetrator, and hence is liable as a
				  principal. [LCMJ Article 77.]
Allegation
- the assertion, declaration, or
				  statement of a party in a pleading of what he expects to prove.
Allege
- to assert or state in a pleading;
				  to plead in a specification.
Appeal
- a complaint to a superior court of
				  an injustice done or error committed by an inferior court whose judgment or
				  decision the court above is called upon to correct or reverse.
Appellant
- one who brings an appeal.
Apprehension
- the taking of a person into
				  temporary custody upon a reasonable belief that the person apprehended has
				  committed an offense under the LCMJ. [See LCMJ Article 7(A) and definitions of
				  Arrest and Detention.]
Arraignment
- the reading of the charges and
				  specifications to the accused or the waiver of their reading coupled with the
				  accused's plea thereto.
Arrest
- the moral restraint of a person by
				  an order, not imposed as a punishment for an offense, directing him to remain
				  within certain specified limits. [See LCMJ Article 9(A) and definitions of
				  Apprehension and Detention.]
Arrest in Quarters
- a moral restraint
				  limiting an officer's liberty, imposed as a non-judicial punishment by the
				  governor, TAG, or a designee. [See LCMJ Article 15.]
Article 15
- see "Non-judicial
				  Punishment."
Article 32 Investigation
- a formal
				  investigation that must precede the referral of any charge to a general
				  court-martial. See LCMJ Article 32.
Article 39(a) Session
- a session of a
				  general or special courts-martial called by the military judge, to dispose of
				  matters not amounting to trial of the accused. [LCMJ Article 39.]
Assault
- an attempt or offer with unlawful
				  force or violence to do bodily harm to another, whether or not the attempt or
				  offer is consummated. [LCMJ Article 128.]
Attempt
- an act, or acts, done with a
				  specific intent to commit an offense under the LCMJ, amounting to more than
				  mere preparation, and tending, but failing to effect the commission of such
				  offense.
Bad Conduct Discharge
- one of two types of
				  punitive discharges that may be awarded an enlisted person under a GCM or SPCM,
				  designed as a punishment for bad conduct. Also called a "BCD." [LCMJ Articles
				  18 and 19.]
Battery
- an unlawful and intentional or
				  culpably negligent application of force to the person of another by a material
				  agency used directly or indirectly. [LCMJ Article 128.]
Challenge
- a formal objection to a member
				  of a court or the military judge continuing as such in subsequent proceedings.
				  May be either a challenge for cause - objections based on a fact or
				  circumstance which disqualifies the person challenged from further
				  participation in the proceedings, or peremptory challenge - an objection
				  permitted without a showing of grounds or basis, except that the military judge
				  cannot be peremptorily challenged.
Charge
- a formal statement of the LCMJ
				  article(s) which the accused is charged with having violated.
Charge and Specification
- a description in
				  writing of the offense(s) which the accused is alleged to have committed; each
				  specification, together with the charge under which it is placed, constitutes a
				  separate accusation.
Circumstantial Evidence
- evidence which
				  tends directly to prove or disprove not a fact in issue, but a fact or
				  circumstance from which, either alone or in connection with other facts, a
				  court may, according to the common experience of mankind, reasonably infer the
				  existence or nonexistence of another fact which is in the issue; sometimes
				  called indirect evidence.
Clear Injustice
- existence of unwaived
				  legal or factual error which clearly and affirmatively injured the substantial
				  rights of a Service member (e.g., discovery of new evidence unquestionably
				  exculpating a convicted Service member). See also, "Setting Aside and
				  Restoration."
Command
- an organization having a commander
				  who is regarded by superior authority as the individual chiefly responsible for
				  maintenance of discipline therein. Includes companies and batteries, numbered
				  units and detachments, battalions, brigades, service schools, squadrons, wings,
				  groups, flights, and area commands. For example, an infantry company, whether
				  or not separated or detached, is considered to be a command. An infantry
				  platoon, however, which is part of a company and is not separate or detached,
				  is not a command. If the platoon were located in an armory separate from the
				  main company's armory, the platoon normally would be considered a separate,
				  detached command. An order. Any demanding of another to do an act towards
				  commission of a crime. [LCMJ Article 77.]
Commander or Commanding Officer
- includes
				  any commissioned officer who by virtue of rank and assignment exercises primary
				  command over a military organization. Primary command authority does not
				  include staff officers. However, for purposes of administration of military
				  justice under LCMJ, all assistant adjutants general serving in the
				  federally-recognized grade of brigadier general or above are considered
				  commanding officers. For LCMJ Article 138 purposes, this includes an officer in
				  the complainant's chain of command, up to and including the first officer
				  exercising special court-martial jurisdiction over the complainant. A
				  commanding officer against whom an Article 138 complaint has been lodged as
				  referred to in this regulation is called the "respondent," (not to be confused
				  with the identical term used in connection with administrative board
				  proceedings under AR 15-6).
Commissioned Officer
- an officer who holds
				  a commission issued by the President of the United States or the Governor of
				  the State of Louisiana.
Common Trial
- a trial in which two or more
				  persons are charged with the commission of an offense or offenses which,
				  although not jointly committed, were committed at the same time and place and
				  are provable by the same evidence.
Complainant
- under LCMJ Article 138, a
				  member of the Louisiana National Guard who has submitted an Article 138
				  complaint as referred to in Chapter 9 of this regulation. In civilian criminal
				  law, a complainant refers to anyone who has reported a crime.
Concurrent Jurisdiction
- jurisdiction which
				  is possessed over the same parties or subject matter at the same time by two or
				  more separate tribunals. [See Paragraph 5-3 regarding referral to civilian
				  authorities.]
Conditional Guilty Plea
- a plea of guilty
				  that reserves in writing the right to appeal adverse determinations of pretrial
				  motions.
Conditions on Liberty
- a form of pretrial
				  restraint; orders directing a person to do or refrain from doing certain
				  acts.
Confession
- an acknowledgement of guilt of
				  an offense. See also, "Admission."
Confinement
- the physical restraint of a
				  person, imposed by either oral or written orders of competent authority,
				  depriving him of freedom. [LCMJ Article 9(A).]
Confinement Facility
- facility for the
				  confinement of military prisoners. It applies to transient confinement
				  facilities, installation confinement facilities, area confinement facilities
				  and hospitalized prisoner wards.
Conspiracy
- a combination of two or more
				  persons who have agreed to accomplish, by concerted action, an unlawful purpose
				  or some purpose not in itself unlawful but accomplished by unlawful means, and
				  the doing of some act by one or more of the conspirators to effect the object
				  of that agreement. [LCMJ Article 81.]
Constructive Knowledge
- knowledge which may
				  be found to have existed because the regulation, notice, fact or directive,
				  etc., at issue was of so notorious a nature, or was so conspicuously posted or
				  distributed, that the accused ought to have known of its existence; knowledge
				  is constructive when it is shown that the accused would in the ordinary course
				  of events, or by the exercise of ordinary care, have secured knowledge of the
				  order, notice or movement, etc.
Court Members
- persons designated to serve
				  upon courts-martials for purposes of adjudication as addressed in LCMJ Article
				  25.
Convening Authority
- the officer having the
				  authority to convene a court-martial and/or his successor(s) in command.
Convening Order
- the document by which a
				  court-martial is created, which specifies the type of court and lists the time
				  and place of meeting, the names of the members (if any), trial and defense
				  counsel, the military judge, and, when appropriate, the authority by which the
				  court is created.
Convicted
- adjudicated guilty after a
				  guilty plea or after trial on the merits.
Copy
- an accurate representation, however
				  made. When necessary and feasible, includes a copy by handwriting.
Counseling
- actions designed to advise
				  subordinates of their errors and specific ways to improve. Directly or
				  indirectly advising or encouraging another to commit an offense. [LCMJ Article
				  77.]
Court-Martial
- a military tribunal composed
				  of one or more eligible members of the armed forces (the number depending on
				  the type of court), the functions of which are to decide whether a person
				  subject to military law has committed a violation of the LCMJ, and, if so, to
				  adjudge an appropriate punishment therefore. Includes:
a. the military judge and members of a general
				  court-martial;
b. the military judge when a session of a special
				  court-martial is conducted;
c. the summary court-martial officer. [LCMJ Articles
				  18-20.]
Court-Martial Orders
- either a "Convening
				  Order" or a "Promulgating Order." See respective definitions.
Court of Inquiry
- the most formal
				  fact-finding body convened in the Military Department, governed by LCMJ Article
				  135.
Credibility
- worthiness of belief.
Culpable
- deserving blame.
Custody
- that restraint of free movement
				  which is imposed by lawful apprehension.
Custom
- a practice which: has been long
				  continued; is certain or uniform; is compulsory, consistent, general, and
				  known; and is not in opposition to the terms and provisions of a statute or
				  lawful regulation or order.
Dangerous Weapon
- a weapon used in a manner
				  likely to produce death or grievous bodily harm.
Days
- when a period of time is expressed in
				  a number of days, the period shall be in calendar days, unless otherwise
				  specified. Unless otherwise specified, the date on which the period begins
				  shall not count, but the date on which the period ends shall count as one
				  day.
Defendant
- see
Accused.
Defense Counsel
- a commissioned officer of
				  the Louisiana National Guard, certified and detailed by the SJA to represent an
				  accused at a special/general courts-martial. Such military counsel will be
				  provided to the accused without expense. The term may also refer to "Individual
				  Civilian Counsel" retained by an accused to defend him.
Deferment of Confinement
- a postponement of
				  the running and service of a sentence to confinement.
Deposition
- the testimony of a witness
				  taken out of court, reduced to writing, under oath or affirmation, before a
				  person empowered to administer oaths, in answer to interrogatories (questions)
				  and cross- interrogatories submitted by the party desiring the deposition and
				  the opposite party, or based on oral examination by counsel for accused and the
				  prosecution.
Design
- specifically intended; inferred
				  from conduct so shockingly and grossly devoid of care as to leave room for no
				  reasonable inference but that the result was contemplated as a probable result
				  of the course of conduct followed.
Destroyed
- not completely demolished or
				  annihilated, but only sufficiently injured to be useless for the purpose for
				  which it was intended. [LCMJ Article 108.]
Detail
- order to a person to perform a
				  specific temporary duty.
Detention
- the imposition of custody by
				  competent authority, pending disposition of offense(s) for a period no longer
				  than 24 hours. [See LCMJ Article 7(A) and 9(A) and definitions of Apprehension
				  and Arrest.]
Discharge
- complete severance from all
				  military status gained by the enlistment or induction concerned.
Dishonorable Discharge
- the most severe
				  punitive discharge, reserved for those who should be separated under conditions
				  of dishonor, after having been convicted of offenses usually recognized by the
				  civil law as felonies, or of offenses of military nature requiring severe
				  punishment.
Dominion
- control of property; possession
				  of property with the ability to exercise control over it.
Dual Offense
- conduct that constitutes an
				  offense punishable under both civilian criminal laws and the LCMJ.
Due Process
- a course of legal proceedings
				  according to those rules and principles which have been established in our
				  system of jurisprudence for the enforcement and protection of private rights,
				  such as exercise of the powers of the government as the settled maxims of law
				  permit and sanction, and under such safeguards for the protection of individual
				  rights as those maxims prescribe.
Duty Status
- duty in the National Guard
				  under an order issued by authority of law, and includes travel to and from such
				  duty. [LCMJ Article 1.]
Elements
- the essential ingredients of an
				  offense; the acts or omissions which form the basis of any particular offense.
				  Listed in the LCMJ, Annotated (Yellow Tab of Louisiana Military Justice Law
				  Manual) Part IV of the Manual for Courts-Martial.
Enlisted Member
- a person in an enlisted
				  grade. LCMJ Article 1.
Evidence
- information admissible before a
				  court of law which tends to prove or disprove any matter in question or to
				  influence belief respecting it.
Exigent Circumstances
- circumstances
				  calling for immediate action or remedy, as in imperative need to search when no
				  time exists to obtain a search warrant. [See M.R.E.. 315(g), 316(d)(4)(B), and
				  R.C.M. 302(e)(B).]
Felony
- under Louisiana law, an offense
				  punishable by death or imprisonment at hard labor [La. C.Cr.P. Article 933; See
				  also,
				  R.S. 14:2,
				  and the definition of Misdemeanor.]
Financial Liability
- personal, joint, or
				  corporate statutory obligation to reimburse the Louisiana Military Department
				  or the U.S. Government for Government property lost, damaged, or destroyed
				  because of negligence or misconduct, including wrongful appropriation. [See AR
				  735-5.]
Fine
- punishment that makes the accused
				  liable to the State of Louisiana for a specified amount of money.
Forfeiture of Pay
- punishment that deprives
				  the accused of all or part of his future pay.
Formal Proceedings
- non-judicial Punishment
				  proceedings that are accompanied by the full procedural and substantive
				  requirements of LCMJ Article 15, this Regulation, and other published
				  guidance.
Former Jeopardy
- the rule of law that no
				  person shall be tried for the same offense by the same sovereign a second time
				  without his consent. Known also as "double jeopardy." [LCMJ Article 44.]
General Court-Martial
- a military tribunal
				  comprised of (copy from LCMJ) whose function is to decide whether a member
				  subject to the LCMJ has committed a violation of that Code and, if so, to
				  adjudge punishment therefore. Also known as "GCM."
Grade
- a step or degree, in a graduated
				  scale of office or military rank that is established and designated as a grade
				  by law or regulation. LCMJ Article 1.
Inference
- a deduction based upon reason
				  from a fact or facts proved.
Judge Advocate
- a commissioned officer of
				  the Judge Advocate General's Corps of the U.S. Army, Air Force, Navy, Marine
				  Corps, or Coast Guard.
Jurisdiction
- the power of a court to hear
				  and decide a case and to impose any appropriate and lawful punishment.
Knowingly
- with knowledge; consciously,
				  intelligently.
Lesser Included Offense
- an offense
				  necessarily included in the offense charged; an offense containing some, but
				  not all, of the elements of the offense charged, so that, if one or more of the
				  elements of the offense charged is not proved, the evidence may still support a
				  finding of guilty of the included offense.
Magistrate
- a Judge Advocate empowered to
				  perform judicial functions such as issuing search warrants. Also includes a
				  U.S. Magistrate as defined in 28 U.S.C. Article 631 and following.
Matter in Aggravation
- any circumstance
				  attending the commission of a crime which increases its enormity.
Matter in Extenuation
- any circumstance
				  serving to explain the commission of the offense, including the reasons that
				  actuated the accused, but not extending to a legal justification.
Members
- the members of a court-martial are
				  the voting members detained by the convening authority. As used in this
				  regulation, "member" also may refer to a Service member, Service member,
				  Soldier or Airman.
Mental Responsibility
- the concept that a
				  person is not responsible for criminal conduct if at the time of such conduct
				  as a result of a mental disease or defect he lacks substantial capacity either
				  to appreciate the criminality of his conduct or to conform his conduct to the
				  requirements of law.
Military Court
- a court-martial or court of
				  inquiry.
Military Judge
- a Judge Advocate who has
				  been certified by TJAG or the SJA as qualified to preside over GCM's and/or
				  SPCM's in accordance with LCMJ Article 26. LCMJ Article 1.
Misdemeanor
- offense other than a felony,
				  including ordinance violation that provides a penal sanction [La. C.Cr.P.
				  Article 933.]
Mistrial
- the situation existing when it
				  becomes apparent that either party cannot receive a fair and impartial hearing
				  before the sitting tribunal.
Mitigation
- a reduction in either the
				  quantity or quality of a punishment appropriate because of an accused's
				  subsequent good conduct or disproportionateness of an original sentence.
Motion to Dismiss
- a motion raising any
				  defense or objection in bar or trial.
National Guard
- the Louisiana Army and Air
				  National Guard.
Neglect
- omission or failure to do an act
				  or perform a duty due to want of due care or attention.
Negligence
- the omission to do something
				  which a reasonable person, guided by those ordinary considerations which
				  ordinarily regulate human affairs, would do, or the doing of something which a
				  reasonable and prudent person would not do; the absence of due care; the legal
				  standard that defines what would have been done by a reasonable, prudent person
				  in the same or similar circumstances; as used in the LCMJ, the failure to
				  exercise the care, prudence, or attention to duties which the interests of the
				  Government require to be exercised by a prudent and reasonable person under the
				  circumstances.
Non-Judicial Punishment
- also known as
				  "Article 15." Disciplinary punishment levied under LCMJ Article 15 for minor
				  offenses, without the intervention of a court-martial. See Chapter 4.
Oath
- a solemn declaration to testify
				  truthfully, administered in a form calculated to awaken the conscience and
				  impress the mind with the duty to so do. Includes "Affirmation."
On Duty
- as used in LCMJ Article 112, the
				  exercise of duties of routine or detain in garrison, at a station, or in the
				  field. Does not relate to those periods when, no duty being required of them by
				  order regulations, officers and enlisted persons occupy the status of leisure
				  known as "off duty" or on "liberty."
Party
- the accused and any defense or
				  associate or assistant defense counsel and agents of the defense counsel when
				  acting on behalf of the accused with respect to the court-martial in question.
				  Any trial or assistant trial counsel representing the government, and any
				  agents of the trial counsel with respect to the court-martial in
				  question.
Performance Fiche
- that portion of the
				  Official Military Personnel File (OMPF) that is routinely used by career
				  managers and selection boards for the purpose of assignment, promotion, and
				  schooling selection. See also Restricted Fiche.
Pleading
- the written formal indictment by
				  which an accused is charged with an offense; in military law, the pleadings are
				  called charges and specifications.
Possession
- physical control over an item
				  of property.
Preferral
- the act of signing and swearing
				  to court-martial charges.
Presumption
- a justifiable inference; a
				  well-recognized example of the use of circumstantial evidence, the weight or
				  effect of which should be measured only in terms of its logical value.
Principal
- one who aids, abets, counsels,
				  commands, or procures another to commit an offense which is subsequently
				  perpetrated in consequence of such counsel, command or procuring, whether he is
				  present or absent at the commission of the offense; The perpetrator of an
				  offense. [LCMJ Article 78.]
Private Dwelling
- a service member's
				  dwelling, on or off military premises, such as a single family house or
				  apartment. The quarters may be owned, leased, rented by the service member, or
				  assigned, and may be occupies on a temporary or permanent basis. It does not
				  include living areas in military barracks, aircraft, vehicles, tents, bunkers,
				  field encampments, and similar places, whether or not subdivided into
				  individual units.
Probable Cause
- prerequisite for a valid
				  search and seizure or arrest. It consists of reliable facts indicating to a
				  reasonable person the probability that a crime has been committed and the
				  person in question committed it or that evidence of a crime is located in the
				  place to be searched.
Procedural Law
- the rules of pleading and
				  practice by which rights are accorded and enforced.
Promulgating Orders
- an order issued by the
				  Convening Authority publishing the result of a court-martial and the convening
				  authority's action and any later action taken of the case. Not required for
				  Summary Courts-Martial.
Punitive Articles
- LCMJ Articles 77 through
				  134, which generally tract the corresponding UCMJ Articles and state how they
				  may define the conduct made criminal.
Punitive Discharge
- a Bad Conduct Discharge
				  (BCD) or a Dishonorable Discharge (DD) from military service.
Rank
- the order of precedence among members
				  of the Louisiana National Guard. LCMJ Article 1.
Redress
- under LCMJ Article 138, authorized
				  action by any officer in the complainant's chain of command to effect the
				  revocation of a previous official action or otherwise to restore to the
				  complainant any rights, privileges, property, or status lost as a result of a
				  wrong.
Referral of Charges
- the order of a
				  convening authority that charges against an accused will be tried by a
				  specified court-martial.
Remission
- the cancellation of any portion
				  of the unexecuted punishment.
Reprimand
- an act of formal censure that
				  reproves or rebukes an offender for misconduct; a reproof, rebuke, censure,
				  strong criticism, or "chewing out" for failing to comply with the established
				  standard. May be oral or written, but usually written.
Request for Redress
- under LCMJ Article
				  138, the complainant's written request directed to the commanding officer whom
				  he believes has committed the wrong. See Paragraph 9-4.
Respondent
- the one against whom an
				  Administrative Discharge Board action has been initiated. Under LCMJ Article
				  138, a commanding officer against whom an Article 138 complaint has been
				  made.
Restricted Fiche
- that portion of the
				  Official Military Personnel File (OMPF) that contains information not normally
				  viewed by career managers or selection boards except as provided in AR 640-10
				  or specified in the Secretary of Army's written instructions to the selection
				  board. See also Performance Fiche.
Restriction in Lieu of Arrest
- moral
				  restraint, less severe than arrest, imposed upon a person by oral or written
				  orders, limiting him or her to specified areas of a military command, with the
				  further provision that he or she will participate in all military duties and
				  activities of the organization while under such restriction.
Revision
- a procedure to correct an
				  apparent error or omission or improper or inconsistent action of a
				  court-martial with respect to a finding or a sentence.
Self-Incrimination
- the giving of evidence
				  against oneself which tends to establish guilt of an offense.
Separation
- an all-inclusive term applied
				  to personnel actions resulting from release from active duty, discharge,
				  retirement, dropped from the rolls, release from military control or personnel
				  without a military status or death.
Setting Aside and Restoration
- action in
				  which the punishment or any part or amount, whether executed or unexecuted, is
				  set aside and any rights, privileges, or property affected by the portion of
				  the punishment set aside are restored based on finding of "clear
				  injustice."
Special Court-Martial
- a military tribunal
				  comprised of (copy from LCMJ) whose function is to decide whether a member
				  subject to the LCMJ has committed a violation of that Code and, if so, to
				  adjudge punishment therefore. Also known as "SPCM."
Specification
- a formal statement of
				  specific acts and circumstances relied upon as constituting the offense
				  charged. See also, Charge.
State
- the State of Louisiana. LCMJ Article
				  1(13).
State Judge Advocate
- the Judge Advocate
				  responsible for supervising the administration of military justice in the
				  Louisiana National Guard, and designated as the principal legal advisor to TAG.
				  Also known as "SJA."
State Military Forces
- the National Guard
				  of the State, as defined in 32 U.S.C.
				  Section
				  101,, and any other military
				  forces organized under the laws of the state, when not in a status subjecting
				  them to jurisdiction under Chapter 47 of Title 10, U.S.C. (LCMJ Article
				  1).
Statute of Limitations
- the rule of law
				  which establishes the time within which an accused must be charged with an
				  offense. Synonymous with Prescription.
Substantive Law
- that portion of the body
				  of law which contains rights and duties and regulations of the government, as
				  distinguished from Procedural Law, which is that part containing the rules and
				  remedies by which the substantive law is administered.
Superior Commissioned Officer
- a
				  commissioned officer superior in rank or command. [LCMJ Article 1.] Under LCMJ
				  Article 138, a commissioned officer in the complainant's current chain of
				  command that is senior to the complainant in grade, rank, or position. [See
				  paragraph 9-5.]
Supplementary Action
- in Non-judicial
				  Punishment proceedings, any action taken by an appropriate authority to
				  suspend, vacate, mitigate, remit, or set aside a punishment (except punishment
				  imposed under summarized proceedings after action has been taken on an appeal
				  or DA Form 2627 has been distributed.
Suspension
- to hold a punishment in
				  abeyance and not put it into effect for a specified period of time, resulting
				  in a probationary period during which time the Service member may demonstrate
				  his good conduct and efficiency.
Trial on the Merits
- trial on the issue of
				  guilt or innocence.
Usage
- a general habit, mode, or course of
				  procedure.
Unlawful Command Influence
- improper
				  attempts by the convening authority to affect the outcome of a court-martial.
				  Each commander is vested by law with the authority and sole discretion to take
				  - or decline to take - action under the LCMJ in cases arising in his command,
				  unless a superior commander has restricted or withheld the authority to act.
				  Any unauthorized interference by superior authority with the free and
				  independent exercise of this power is called "unlawful command influence" and
				  is itself punishable under the Code.
Vacation of Suspension
- termination of a
				  period of probation under a suspended sentence so that a Service member's
				  original punishment may be effectuated.
Willful
- deliberate, voluntary, and
				  intentional, as distinguished from acts committed through inadvertence,
				  accident, or ordinary negligence.
Wrong
- under LCMJ Article 138, a
				  discretionary act or omission by a commanding officer, under color of Federal
				  or State military authority, which adversely affects the complainant personally
				  and which is:
a. in violation of law or regulation;
b. beyond the legitimate authority of that commanding
				  officer;
c. arbitrary, capricious, or an abuse of discretion;
				  or
d. materially unfair.
Wrongful
- contrary to law, regulation,
				  lawful order or custom.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).