Conduct Unbecoming charge?

[jarko]

Hello,

I was wondering if anyone can explain to me what this charge entails to and when is someone charged with this?  Sorry if i posted this in the wrong area

 

[Michael OLeary]

We do not have a charge of "conduct unbecoming", but try here for more info on service offences:

Queen's Regulations and Orders
Chapter 103
Service Offences
http://www.admfincs.forces.gc.ca/qr_o/vol2/tofc103_e.asp

These may be what you are thinking of:

SCANDALOUS CONDUCT BY OFFICERS - Article 103.25

(1) Section 92 of the National Defence Act provides: 

"92. Every officer who behaves in a scandalous manner unbecoming an officer is guilty of an offence and on conviction shall suffer dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service."

CRUEL OR DISGRACEFUL CONDUCT - Article 103.26

(1) Section 93 of the National Defence Act provides:

"93. Every person who behaves in a cruel or disgraceful manner is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment."

CONDUCT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE - Article 103.60

(1) Section 129 of the National Defence Act provides: 

"129. (1) Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.

(2) An act or omission constituting an offence under section 72 or a contravention by any person of

(a) any of the provisions of the Act, 

(b) any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or

(c) any general, garrison, unit, station, standing, local or other orders, 

is an act, conduct, disorder or neglect to the prejudice of good order and discipline.

(3) An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline.

(4) Nothing in subsection (2) or (3) affects the generality of subsection (1).

(5) No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention.

(6) The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection."

 

[Signalman150]

As far as I know the term "Conduct unbecoming" isn't used in the Cdn Forces.  The charge is usually "Conduct Prejudicial to good order and discipline".  It's the catch-all charge.  You'll get it along w/ just about anything else you get charged w/.  Weapon insecure?  You'll get that and "Conduct prejudical...".  Show up on parade w/ the wrong boots?  You'll get charged w/ being improperly dressed and...you guessed it.

It's just one more charge to look good on the charge sheet.  And...I guess if they can't find anything else to get you on, it can stand by itself.  Why do you ask, he asked casually?

 

[jarko]

Theres word going around that i might be charged by my chain of command with "unbecoming" but i still dont understand why or which one it might be. I read what you have posted but those seem not to relate to me. Damn..

EDIT:

I have just read the post above, and it doesnt look like i can relate to those examples, i believe myself to be a good soldier. Can i get something like that for being aggressive.

 

[FormerHorseGuard]

till you are charged and if you are charged they  will explain it to you in little words and help you understand why.
that  charge is the catch all, sort of the charge used when nothing else fits the case.
if you are really concerned  about it go talk to the chain of command and see what  the real story is.

 

[jarko]

Im not very concerned, i was just curious what they are trying to pull over my eyes. Thanks

 

[kincanucks]

As far as I know the term "Conduct unbecoming" isn't used in the Cdn Forces.  The charge is usually "Conduct Prejudicial to good order and discipline".  It's the catch-all charge.  You'll get it along w/ just about anything else you get charged w/.  Weapon insecure?  You'll get that and "Conduct prejudical...".  Show up on parade w/ the wrong boots?  You'll get charged w/ being improperly dressed and...you guessed it.

It's just one more charge to look good on the charge sheet.  And...I guess if they can't find anything else to get you on, it can stand by itself.  Why do you ask, he asked casually?

I am sure that Captain O'Leary is grateful that you clarified his detailed and very accurate post so eloquently.

HH

 

[Infanteer]

They posted at the same time.

 

[a_majoor]

They posted at the same time.

How unbecoming. 

 

[pbi]

Im not very concerned, i was just curious what they are trying to pull over my eyes. Thanks

If the summary trial process is conducted properly, it is almost impossible these days to pull anything over the accused person's eyes. If you have reasonable grounds to believe that a charge is about to be laid against you, you might want to consider who you would like as an Assisting Officer. That officer has the responsibility (among other duties) to make sure that you fully understand the charge and any evidence brought against you.

As to your second question about charges for "being aggressive": that would really depend on what is meant by "aggressive".  If you struck a superior, or abused a subordinate, or did something equally dumb, then a charge is probably in order. If all you did was mouth off, maybe not.

If I were you I'd get off my *** and find out what's going on: it's in your own best interest.

Cheers

 

[vonGarvin]

How unbecoming. 

Or was it prejudicial?