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What is Article 34 you can get charged with in the military

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What is Article 34 you can get charged with in the military

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  1. You mean ART 134, not ART 34. It is not just a 'catch-all' section either but it would take more time to explain than necessary here unless we know exactly what you are asking.


  2. The 'catch-all' article...what straydog says!!!  But it is the Art. 134.

  3. The UCMJ

  4. 834. ARTICLE 34. ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL

    (a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that--

    (1) the specification alleges an offense under this chapter;

    (2) the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report); and

    (3) a court-martial would have jurisdiction over the accused and the offense.

    (b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate--

    (1) expressing his conclusions with respect to each matter set forth in subsection (a); and

    (2) recommending action that the convening authority take regarding the specification.

    If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.

    (c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made


  5. Article 34 is basically the stuff not covered in the other Articles.

    Basically you do something bad, bad enough to get charged with something, but they dont have a specific article to charge you with.  Article 34 covers that.

    Or is that a different Article?  I can't remember now...heh

  6. Article 34 is NOT a punitive article.....Article 34 is the portion of the UCMJ that provides for judicial review of pending charges by the SJA

    You can not be charged under Art 34.... you can only be "charged in articles numbered 77 thru 134

  7. Are you referring to Article 134 because Article 34 of the UCMJ refers to Pre-Trial Procedures and in specific, the "Advice of staff judge advocate and reference for trial."  This is not a punitive article meaning there is no crime and punishment for it.

    If you are referencing Article 134, then this is basically a catch-all article which says that anything not listed in the other articles, but that still goes against military and moral standards is illegal.

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