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

N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.4