Military justice: JAGs help get it right

  • Published
  • By Col. David Western
  • 60th Air Mobility Wing Judge Advocate

TRAVIS AIR FORCE BASE, Calif. - “Military Justice is job one,” has been a familiar saying in the Air Force Judge Advocate General’s Corps for as long as I can remember, and it remains one of the guiding principles of our Corps today. 

It underscores the fact that while Air Force judge advocates provide invaluable support and assistance to U.S. Air Force members at all levels on a wide variety of legal subjects, to include operations law, cyber law, space law, government contracts and legal assistance to name just a few, our core mission remains providing guidance and wisdom to commanders in the military justice arena.

I think this role has remained our primary function for two main reasons.  First, military commanders must be able to impose swift and fair discipline on members of their command who commit misconduct to maintain good order and discipline within their unit, and second, as JAGs we are in a position to see the big picture of military justice and use that perspective and ability to advise commanders on what should be the best course of action for any disciplinary issue that may arise. 

We all realize the importance of having a justice system that fairly and effectively deals with those who commit misconduct, both in civilian society and the military.  It is also vitally important any such system also to be perceived as being fair, or else people will cease to respect the system and its laws and rules, rendering it ineffective.

Given the mission of the Air Force, it is extremely important commanders impose swift, yet, fair discipline when needed, and this need can be especially important at a busy operational base like Travis. 

When a military member at Travis is suspected of committing misconduct, it is essential this misconduct be quickly and thoroughly investigated, and the results then presented to the commander for action. 

There is a saying, “justice delayed is justice denied,” and this phrase is very appropriate in a military context.  It is important commanders take quick action against transgressors, because of the deterrent effect such swift action has on the member and for others in the unit who find out about what the member did and the discipline that resulted. 

It is important others see that if they commit similar misconduct they will be disciplined in similar fashion – such actions are essential to maintaining good order and discipline within any unit.  Without it, of course, the unit and mission can suffer immeasurably. 

It is also important for the member that discipline be imposed swiftly, both for challenging the allegation if that is the choice the member makes, or for accepting the discipline, correcting the behavior and moving forward.

While imposing discipline swiftly is very important, it is even more important that any such discipline be imposed fairly.  If a commander is seen to be imposing punishment inconsistently, “playing favorites,” or is perceived to be too lenient or too harsh in imposing discipline, such views will undermine good order and discipline. 

Even though lower-level disciplinary actions such as Article 15’s, letters of reprimand, admonishments, counselings, etc. are commonly considered “private” actions, you can rest assured that people often talk and the results of these actions will spread like wildfire through a unit.  If the disciplinary action in question is seen to be unfair, such a feeling will pervade the unit quickly and can only have a negative effect.

Regarding fairness, it is important that a commander not be seen to be too lenient in imposing discipline for obvious reasons.  If members think they can commit misconduct with little or no consequences from their chain of command, they are certainly much more likely to do so.  It is simply reality that sometimes people do things they shouldn’t if they think they can get away with it.  The negative effects of a unit with an overly lax approach to discipline can very quickly erode good order and discipline, and can even cost lives in the military environment.

On the other hand, just as discipline that is seen as nonexistent or too weak can negatively affect a unit, so can discipline that is perceived as unfair or too harsh.  If, for example, squadron members believe their commander “hammers” everyone, even for the most minor transgressions, and won’t listen to their side of the story, morale will suffer, the troops will lose respect for the commander and, more importantly, they will likely lose the will to do anything but what is strictly required of them from 7:30 a.m. to 4:30 p.m.  The best units are those that have great morale, of course, and this situation comes about from the troops respecting leadership at all levels and being willing to go the extra mile for them and the team.

As JAGs we have a unique perspective we can use to assist commanders and supervisors considering taking disciplinary actions.  We see suspected UCMJ violations that occur from all the units at Travis, and accordingly we have a big-picture view of military justice and discipline that we can use to advise commanders on the best course of action in any given case. 

A commander may have a case that looks like it warrants a certain action, and we can tell that commander whether the proposed action is consistent with other similar cases throughout Travis and the Air Force as a whole.  We stand ready to provide this type of advice 24/7/365, and ask commanders and other leaders on the base engage with our office early and often regarding any potential military justice matter so we can provide the best advice and guidance possible. 

Maintaining a disciplined fighting force is paramount to accomplishing our mission, and we look forward to continuing to work with everyone at Travis to get military justice right in every case.