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3.2.2012

Protect Yourself Against Unlawful Command Influence

Written by: Federal Practice Group
Written by: Federal Practice Group

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Protect Yourself Against Unlawful Command Influence

Unlawful Command Influence (UCI) is one of the more subtle and difficult to prove violations of the Uniform Code of Military Justice. Only experienced military law practitioners stop it and are able to obtain proper relief. Considering that UCI is difficult to prove, often it takes an extra effort to prevail.

This rule in essence prohibits superior commanders from forcing their subordinate commanders to take certain adverse judicial or non-judicial action. Each Servicemember has a right to a fair and impartial trial. UCI hinders this right by replacing fairness with a superior rank.

The following examples constitute UCI:

  1. The convening authority telling his staff not to testify for convicted Soldiers.
  2. 1SG telling Servicemembers not to testify for drug dealers.
  3. The Commander setting a policy stating that all NCO who get a DUI will be automatically reduced and separated with a BCD.
  4. Superior Officer telling panel members to find the accused guilty.
  5. Making comments in an evaluation report criticizing a panel member for a particular outcome

Regardless of how the issue of UCI becomes present in your case, it needs to be properly addressed. If you believe there is UCI in your case, contact The Federal Practice Group military law attorneys at info@www.fedpractice.comor (202) 862-4348 to invoke your rights. This information does not constitute legal advice.

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