In addition to dismissals, termination of military service may be obtained through administrative procedures (10 U.S.C.A. § 1169). The Department of Defense sets out the rationale, policies, and procedures for administrative separation (32 C.F.R. pt. 41, App. A). Administrative segregation may be authorized to allow a member to pursue education or accept public office; to alleviate distress or dependency; to meet the requirements of pregnancy or parenthood; raise religious concerns or conscientious objections; or to treat physical and mental conditions that interfere with an assignment or the performance of a task. In addition to improving discipline, order, uniformity, efficiency and obedience, the UCMJ deals with certain offences specific to the army, such as desertion, insubordination or absence without vacation. Finally, the military needs a unified system that can be administered at crime scenes to try crimes committed by military personnel outside U.S. jurisdiction. In addition to written treaties relating to war, international armed conflicts are governed by customary international law or the ordinary law of armed conflict.
Under this ever-changing body of law, certain behaviors are prohibited because world opinion prohibits it. In Ex parte Quirin, 317 U.S. 1, 63 pp. Ct. 2, 87 L. Ed. 3 (1942), as amended by 63 pp. Ct.
22, the court upheld the jurisdiction of a military tribunal for German saboteurs who used civilian disguises, although no written or treaty law justified their trial. The Court based its decision on the fact that concealment infiltration violated the customary law of armed conflict. (See also The Paquete Habana, 175 U.S. 677, 20 pp. Ct. 290, 44 L. Ed. 320 [1900].) The customary laws of war are based on the same principles enshrined in the Hague Conference and subsequent treaties and reflect the international agreement that acts incompatible with those principles cannot go unpunished, even in the absence of express prohibitions.
Many countries, including the United States, have codified important parts of the ordinary law of armed conflict. (See U.S. Department of the Army, The Law of Land Warfare [Field Manual 27-10, 1956].) Military Law, the body of law that deals with the maintenance of discipline in the armed forces. In the 1980s, the military fired military personnel for homosexual orientation and behavior. In 1993, President Bill Clinton attempted to change the military`s policy of firing gays and lesbians because of their sexual orientation. He compromised with those who opposed a policy change in the National Defence Authorization Act of 1994, which requires separation from service for people who voluntarily declare their homosexuality, but prevents military personnel from investigating a member`s sexual orientation. This is called the «do not ask, do not say» policy. L. 110–329, div. C, Title VIII, § 8028, 30 September 2008, 122 Stat. 3627 (definition applies only to div. C).
The last method of entry into the army is appointment as an officer. The appointment of civil servants is governed by the appointment clause of the Constitution (art. II, para. 2, Class 2). Officers are appointed to a rank within a particular branch of the service. Military personnel returning from service must return to civilian life, and the transition can be a bit difficult. Fortunately, there are several laws to help you. First, the Civil Military Relief Act helps soldiers put their lives on hold while away by protecting them from credit card debt, mortgage payments and ongoing lawsuits. Second, the Uniformed Employment and Re-employment Rights Act (USERRA) helps military personnel reintegrate into society by requiring employers to reinstate military employees upon their return from service in certain circumstances. 12 October 1949, chap. 681, § 102 (c) (1st sentence, for the purposes of the definition), 63 Stat.
804. The United States Court of Appeals for the Armed Forces Congress created the United States Court of Appeals for the Armed Forces (USCAAF), formerly known as the Military Court of Appeals (CMA), in 1950 (10 U.S.C.A. § 867). It is the highest civilian court responsible for reviewing the decisions of military courts. It is exclusively a criminal court of appeal. The Court is composed of three civilian judges appointed by the President with the advice and consent of the Senate for a term of 15 years. Members of the armed forces do not cease to have duties as citizens and as human beings under modern conditions. All systems of military law must therefore aim to ensure that the soldier cannot in any way evade the obligations of the general law of his country or of international law as recognized in various conventions. Civilians may be subject to military jurisdiction in various ways. In Italy and Turkey, for example, treason or rebellion can be dealt with under the Military Code, and in Norway, violations by a civilian of the Geneva Conventions of 1949 and their Additional Protocols of 1977 are dealt with by military law.