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In reply to the discussion: Marine Who Urinated on Taliban Dead Says He'd Do It Again [View all]24601
(3,964 posts)Commissioned Officers, Cadets and Midshipmen. It does not apply to enlisted Soldiers, Marines, Sailors or Airmen or Warrant officers that are not Commissioned.
The movie "A Few Good Men" ended with two enlisted marines being convicted of Conduct Unbecoming a Marine; however, that was movie magic and there is no such article in the UCMJ.
http://en.wikipedia.org/wiki/Conduct_unbecoming_an_officer_and_a_gentleman
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) Punishment may include Dismissal from the Service - the officer/cadet/midshipman equivalent of a Dishonorable Discharge.
The elements (of proof) are:
That the accused did or omitted to do certain acts; and
That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.[1]
Here "officer" is understood to include commissioned officers, cadets, and midshipmen of both sexes, hence the more common term conduct unbecoming.
A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.[2]