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Conduct unbecoming

From Wikipedia, the free encyclopedia
For other uses, see Conduct unbecoming (disambiguation).
"An officer and a gentleman" redirects here. For the film, see An Officer and a Gentleman. For other uses, see An Officer and a Gentleman (disambiguation).

Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.

Use in the United Kingdom

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The phrase was used as a charge in courts martial of the British Armed Forces in the 18th and the early 19th centuries although it was not defined as a specific offence in the Articles of War.[1] For instance, in 1813, Colonel Sir J Eamer was brought before a court martial "For behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, towards Captain B V Symes of the same regiment..."[2] The charge seems to have been first codified under the Naval Discipline Act of 10 August 1860,[3] which states, "Article 24: Every Officer subject to this Act who shall be guilty of Cruelty, or of any scandalous or fraudulent Conduct, shall be dismissed with Disgrace from Her Majesty's Service; and every Officer subject to this Act who shall be guilty of any other Conduct unbecoming the Character of an Officer shall be dismissed, with or without Disgrace, from Her Majesty's Service."[4]

Use in the United States

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The offense is defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice (UCMJ), enacted at 10 U.S.C. § 933.

Article 133. Conduct unbecoming an officer and a gentleman:
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

— 10 U.S.C. § 933 (effective 2008)

The elements are:

  1. That the accused did or omitted to do certain acts; and
  2. That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.[5]

Here "officer" is understood to include all commissioned officers, cadets, and midshipmen, hence the more common term conduct unbecoming. A "gentleman" (in this case a term not limited to men) is understood to have a duty to avoid dishonesty, indecency, indecorum, lawlessness, injustice, unfairness, and cruelty.[6]

Police discipline

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"Conduct unbecoming an officer" is also used in some civil police agencies.[7]

See also

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References

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  1. ^ Buckley, Roger Norman (1998). The British Army in the West Indies: Society and the Military in the Revolutionary Age. University Press of Florida. p. 239. ISBN 0-8130-1604-5.
  2. ^ E Samuel, An Historical Account of the British army: and of the Law Military William Clowes, London 1816 (p.650)
  3. ^ Rees, N. (1987). Why Do We Say ...?. ISBN 0-7137-1944-3.
  4. ^ William Loney RN – Background – The Naval Discipline Act, 1861
  5. ^ Article 133 of the punitive code of the UCMJ, local copy at Cornell University
  6. ^ Powers, Rod. "Article 133: Conduct unbecoming an officer and gentleman". About.com. Archived from the original on 14 March 2007. Retrieved 16 May 2008.
  7. ^ Silver, Isidore (19 May 2008). Public Employee Discharge and Discipline. Vol. 1 (Third ed.). Aspen Publishers. p. 240. ISBN 978-0-7355-2540-5.
  8. ^ "The History of the Laws of the Game 1990–2000". FIFA.
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