West Point Misconduct System

March 15, 2021

What is the West Point Misconduct System?

The West Point misconduct system is governed by AR 150-1, Chapter 6, available at this link. This regulation was recently updated in January of 2021.

Just like all other members of the Army, Cadets at West Point are subject to the Uniform Code of Military Justice (UCMJ). This means that Cadets are subject to Courts-Martial, at the discretion of the Superintendent. Interestingly, Cadets cannot be subject to nonjudicial punishment (Article 15s). Furthermore, Cadets cannot be dismissed from the Service following a Court-Martial without the approval of the Secretary of the Army, or his designee (Under Secretary or Assistant Secretary).

Cadets are also subject to their own disciplinary code in addition to the UCMJ. This Code consists of 10 Articles and they are contained in USCC 351-1, not publicly available. Furthermore, Cadets are subject to punishment by their Cadet Chain of Command and Tactical Officers under Article 10 of the Cadet Code. The West Point Misconduct System under Article 10 is incredibly unique and is explained further at this link.

If a Court-Martial is not pursued, a Cadet can be subject to an Honor Hearing, Standard Misconduct Hearing, Formal Misconduct Hearing, or a Hearing for Conduct Deficiency.

The Honor Investigation Process is explained more at this link and is used when a Cadet is suspected of violating the West Point Honor Code.

Standard misconduct hearings are convened when a Cadet is suspected of committing one of the following offenses:

Drugs and Narcotics (Article 112a, UCMJ)
Unauthorized Consumption of Alcohol or acting "in such a manner and under such circumstances as to bring discredit on the Cadet or the Corps of Cadets" while drinking or possession alcohol
Sexual misconduct committed at USMA or elsewhere under circumstances where such conduct is prejudicial to the good order and discipline of the Corps of Cadets or was of a nature to bring discredit upon the armed forces
Conduct Unbecoming a Cadet of the Regular Army (very broad term)
Conspiracy amount Cadets for purposes of violating or evading any regulations
Indebtedness, defined as "[a] Cadet who demonstrates a pattern of intentional or negligent failure to pay just debts"
Civilian Criminal Conviction
Hazing
Other Misconduct Offenses, defined as any offense under the UCMJ that authorizes 6 months or more confinement
Lack of Qualification for Service (very broad term)
Alcohol or other Drug Abuse Rehabilitation Failure

Formal misconduct hearings are convened when a Cadet is suspected of committing the following offenses:

Any of the Articles of the UCMJ contemplated by NDAA FY22 Sec 531 and NDAA FY23 Sec. 541
With approval of the Staff Judge Advocate (SJA), violations of AR 150-1, paragraph 6-8 (drugs and narcotics), paragraph 6-9 (alcoholic beverages), 6-10 (sexual misconduct), 6-11 (conduct unbecoming a cadet of the Regular Army, 6-12 (conspiracy among cadets), 6-13 (indebtedness), 6-14 (criminal conviction), 6-15 (hazing), 6-16 (other misconduct offenses), or 7-7 (lack of qualification for service)

A Hearing for Conduct Deficiency is convened in other circumstances (i.e. failing Military Grade, too many demerits).

Each of these hearings affords a Cadet different due process. For example, at a Formal Misconduct Board, a Cadet is entitled to representation by a lawyer. At all other proceedings, the Cadet in question has to represent him/herself; however, a lawyer can still prepare and advise the Cadet in question. Contact us today to discuss all differences between each hearing and what a lawyer can assist with.

Any such a hearing that results in a substantiated finding will be reviewed by the Staff Judge Advocate in writing. That review, along with the record of the proceeding in question, will be served on the Cadet for rebuttal. The packet will then be forwarded through the chain of command to the Commandant of Cadets for recommendations and comments. Finally, it will then be sent to the Superintendent for either final action, or forwarded to the Department of the Army. The Superintendent can impose any of the following punishments:

Admonition
Reprimand
Restriction to limits
Deprivation of privileges
Reduction in or withdrawal of cadet officer or non commissioned officer rank
Demerits
Punishment tours
Fatigue tours
Loss of leave
Forfeiture of pay
Delayed graduation (by less than a full year)
Turn-back to the next lower class
Suspension from the Military Academy
Separation from USMA
Invite select cadets pending separation to participate in the Academy Mentorship Program (AMP)

Without convening the four hearings listed above, the Superintendent may independently sanction cadets, on his own accord, in accordance with the following procedures. Upon receipt of an allegation or information, the Superintendent notifies the Cadet in question that punishment is being considered. This notice will include the description of the conduct in question. The Cadet can respond in writing and request an interview with the Superintendent, if desired. After receiving the Cadet's response, the Superintendent can impose any of the following punishments:

Admonition
Reprimand
Restriction to limits
Deprivation of privileges
Reduction in or withdrawal of cadet officer or commissioned officer rank
Demerits
Punishment tours
Fatigue tours
Loss of leave
Forfeiture of pay

The West Point misconduct system is unique and complex. Any Cadet suspected of misconduct has a lot to be concerned about. Not only are the effects of a Court-Martial severe and long-lasting, but Cadets separated otherwise are potentially subject to serving time in the Military at a lower rank or paying a substantial amount of money to the Federal Government. Any Cadet suspected of misconduct has the right to a lawyer. Civilian Lawyers can be retained to assist.

This Article was written by Attorney Matthew Barry, a 2008 West Point graduate. He frequently represents Cadets accused of misconduct at West Point.

Contact The Law Office of Matthew Barry today for a free consultation.