Joker, these are the 3 levels of court martials. Summery is the lowest, but they said he was being handled as a lesser administrative thing. In other words he will have no court martial at all, but still under the UCMJ would be a repremand within your Platoon or company level, but not a court martial or trial. He will "stand before the man", as they say, and get his ass reamed royally, by the CO and Sgt. Major formally, and probaby be given some punishment and restrictions that will sting, and put him on the sh*t list for a while. It is possible to be given some brigg time less than 30 days, or some real sh*t detail, Latrene or KP duty, some kind of scuzzy cleaning duty, no liberty or leaves, He could take away a strip and could fine him. He won't do it again. When I was in, they had Correctional Custody for recruits that got into trouble, and they were literally on a rock pile or moving sand bags endlessly across a huge sandy area, 16 hours a day. It was brutal, and everyone knew, if you saw a prisoner being walked by his guard, NEVER WALK BETWEEN THEM, the guard will knock you senseless with his billyclub. They didn't screw around in those days, but those were the days of real brutality and beatings.
The Uniform Code of Military Justice (UCMJ) provides for three different types of courts-martial: summary, special, and general. These forms of courts-martial differ in their make-up and the punishments which may be imposed.
The Military Rules of Evidence apply to all classifications of courts-martial. Moreover, an accused must be proven guilty beyond a reasonable doubt.
A summary court-martial consists of one commissioned officer, and may try only enlisted personnel for noncapital offenses. The punishment which may be imposed depends on the grade of the accused.
In the case of enlisted members above the fourth pay grade, a summary court-martial may impose any punishment not forbidden by the law except death, dismissal , dishonorable or bad conduct discharge, confinement for more than 1 month, hard labor without confinement for more than 45 days, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds of 1 month's pay.
In the case of all other enlisted members, the court-martial may also impose confinement for not more than one month and may reduce the accused to the lowest pay grade, E-1.
The accused has the absolute right to refuse trial by summary court-martial. The accused does not have the right to representation by an attorney. The accused does have the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent.
A special court-martial consists of not less than three members and a military judge, or an accused may be tried by military judge alone upon request of the accused.
A special court-martial is often characterized as a misdemeanor court, and may try all persons subject to the UCMJ, including officers and midshipmen.
A special court-martial may impose any punishment authorized under R.C.M.1003 except death, dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year. .
A general court-martial consists of not less than five members and a military judge, or an accused may be tried by military judge alone upon request of the accused.
A general court-martial is often characterized as a felony court, and may try all persons subject to the UCMJ, including officers and midshipmen.
A general court-martial may adjudge any punishment not prohibited by the UCMJ, including death when specifically authorized.