Chapter 2.
Preventive and Corrective Measures

5. IN GENERAL. Some individuals are by nature rebellious or are habitual offenders who cannot be kept from wrongdoing. Punishment may be the only possible method of dealing with them. Such cases, however, are in the minority. Punishment is a last resort and should be used only if other measures have proved ineffective. In many cases, where the offender is not an incorrigible wrongdoer, proper preventive measures would have kept him out of trouble. The foremost preventive is, of course, good leadership, with all that the term implies. The better the leadership, the better the morale and discipline in an organization and the fewer the occasions requiring use of punitive measures. For good leadership there is no effective substitute.

6. DISCIPLINARY INSTRUCTION.

   1. In general. The importance of adequately instructing men in the meaning of their military status, in their duties and responsibilities toward one another, their superiors and the Government, in the advantages to be gained from being good soldiers and in the disadvantages of a bad record, cannot be too greatly stressed. Many men coming into the Army are unfamiliar with the concepts and necessity of military discipline. Unless they know what is expected of them, they cannot be expected to do their job. It is for this reason that Army Regulations provide:

      * * * Officers will impress upon the young enlisted men lessons of patriotism and loyalty, will instill or develop in them the concept of democracy as a form of government ideally suited to the American way of life, and will teach and impress upon them the necessity for obedience and military discipline in the service. These lessons will be repeated again and again. The difference between the status of an enlisted man and that of a civilian will be carefully explained. The Articles of War will not only be read to the enlisted men but will be explained and their purpose laid before the young enlisted man in such a way as to make him understand that in becoming an enlisted man he has subjected himself to a new control and has assumed obligations of service that did not rest upon him as a civilian." See par. 3, AR 60-10, 8 July 44.)

      It must be remembered that in the Army many officers are inexperienced in matters pertaining to military justice. All officers should fully acquaint

themselves with the provisions of the Articles of War and of Army Regulations relating to matters of discipline so they con properly instruct their men and also carry out the disciplinary policies of the Army themselves.
2. Explanation of Articles of War. Congress felt it so important to acquaint enlisted men with their military obligations that it required certain of the Articles of War to be read and explained to every soldier at the time of his enlistment and once every 6 months thereafter (AW 110). The articles to be read include all the punitive articles (AW 1, 2, 29, and 104 through 109). In addition to these articles specified in AW 110, AW 28 (defining desertion) is to be similarly read and explained. (See par. 27, TM 12-230.) Moreover, specific explanation of the offenses of wartime desertion (AW 28, 58, 59) misbehavior of sentinels (AW 86) and the serious consequences resulting therefrom is an important part of training, and it is the duty of a commanding officer to insure that it is properly done. A perfunctory, hurried reading of the articles by an officer who himself does not clearly understand what they mean and is anxious only to get through with a necessary chore, defeats the purpose of the requirement. Soldiers should understand the law so that they will not break it. Adequate time and preparation must be devoted to the task if that object is to be attained. As a supplement to (but not a substitute for) this required reading and explanation,k use of the following sound training films will prove helpful: TF 11-235, Articles of War; TF 15-902, Administration of Military Justice and Courts-Martial); TF 19-2034, AWOL and Desertion. The fact that the Articles of War have never been read to a soldier does not excuse him if he commits an offense, but, although not serving as a defense, it can be regarded by the court as an extenuating circumstance. (See par. 126a, MCM.)
7. DISCHARGE PROCEEDINGS. An individual who, for mental or physical reasons, cannot be adjusted to military service impairs the efficiency and morale of his organization. He may not only get into trouble himself but may corrupt others. If he has no potential value to the service he should be eliminated before his continued presence causes disciplinary problems. Under the provisions of AR 615-368, 20 July 1944 and AR 615-369, 29 July 1944, an enlisted man may be administratively discharged from the service if he gives evidence of habits or traits of character which serve to render his retention in the service undesirable, or is disqualified for service, physically or in character, through his own misconduct or if he in inapt, does not possess the required degree of adaptability to military service, or is disqualified because of enuresis. Such administrative discharge should not be used in place of punishment for a crime or offense. It should never be regarded as a substitute for appropriate disciplinary action where such action is called for. However, the elimination in proper

cases of undesirables who have no potential military value may prevent the necessity of disciplinary action later. The policy with respect to administrative discharge of homosexuals is set out in War Department Circular 3, 1944, and of marihuana addicts in Memo W 615-13-43, January 29 (Monthly Digest of War Department Directives, January, 1943, p. 13, AR 615-368, 20 July 1944).
8. NONCOMMISSIONED OFFICERS. A thoroughly competent group of noncommissioned officers is of vital importance in developing and maintaining discipline in any organization. (See WD Cir. 70, 1944.) Careful initial selection of noncommissioned officer material is required.Equally important is the removal of those who do not attain or live up to the standard expected of them. Proper use should be made of administrative proceedings to transfer or reduce inefficient noncommissioned officers. (See pars. 13c and 15, AR 615-5, 30 June 1943.) Such administrative reduction is not punishment and should not be used as such.

9. USE OF NONPUNITIVE CORRECTIONAL MEASURES. Many delinquencies occur which indicate, not that the offender is essentially a wrongdoer, but that he needs further instruction or training. For such delinquencies correction, not punishment, is required. If the offense is trivial, Army Regulations provide that no punishment, either under AW 104 or by court-martial, be imposed until less drastic measures have been tried without success. (See par. 2b, AR 60-10, 8 July 1944.) A commanding officer is expected and authorized to use appropriate correctional measures to remedy deficiencies in discipline (par. 105, MCM). He may, for instance, warn, criticize, or rebuke the offender or require him to undergo further training. A recruit, for example, who is late for formation, appears in improper uniform or has unclean equipment may be censured, required to clean his equipment, or to take special training. Such action is in the nature of instruction, not punishment.

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