N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.4 - The role of the commander in the military justice system
(See FM 27-1, Legal Guide for Commanders.)
(a) All commanders are responsible for the
leadership, military order and discipline of their troops in order to perform
their mission.
(b) Discipline has
been defined by the Powell Report on the Uniform Code of Military Justice as "a
state of mind which leads to a willingness to obey an order no matter how
unpleasant the task to be performed. This is not generally characteristic of a
civilian community. Development of this state of mind among soldiers or sailors
is a command responsibility and a necessity. In the development of discipline,
correction of individuals is indispensable; in correction, fairness or justice
is indispensable. Thus, it is a mistake to talk of balancing discipline and
justice--the two are inseparable".
(c) Since most New York State troops are not
performing duty on a full-time basis, 24 hours a day, seven days a week, 52
weeks a year like their counterparts in the active services, discipline among
state troops sometimes becomes more lax than that of the active
forces.
(d) While this may be
appropriate under some circumstances, it is not to be encouraged. If the state
troops which are part of the "ready reserve" of the active forces are to
successfully perform their mission upon an activation into the regular active
forces, discipline must be maintained at all times. If troops maintain
discipline at all times, the adjustment or assimilation phase that all troops
must undergo during an activation will be shortened, thus alleviating some of
the "culture shock" the troops may initially experience.
(e) In order to maintain military order and
discipline, commanders must have a working understanding of the military
justice system and learn to utilize the same. A commander who does not know how
to use the military justice system on inactive duty will not miraculously know
how to immediately use it upon an activation. Therefore, not only is it
imperative to use the military justice system to maintain good order and
discipline within a unit, it is part of the military training not only of the
commander, but of his troops.
Notes
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