Possible Penalties

The 13th Support Corps Command had two options for disciplining the 19 Army reservists who refused to deliver fuel in Iraq. They were:

Court Martial

Under Article 32 of Uniform Code of Military Justice, soldiers face a preliminary hearing to determine whether there was cause to charge them with disobeying an order. If the hearing found cause, then a court-martial would be convened. Courts-martial are conducted like regular trials with lawyers making arguments, testimony being heard and, depending on the severity of the charge, jury deliberations. Penalties can include discharge from the military and up to five years' confinement. During wartime penalties can extend to execution.

Administrative Action:

Under Article 15 of the code, commanders can opt not to hold an Article 32 hearing and court-martial. Instead, based on an internal investigation, they can issue lesser penalties. Such penalties include loss of rank, temporary forfeiture of pay, extra duty, or restriction to barracks.

Under court-martial or administrative action, penalties generally are more severe for violating an order in time of war. Administrative actions are far more common than courts-martial. Privacy laws prevent the military from identifying those administratively punished, or the specific actions taken against them. Court-martial proceedings, on the other hand, are public unless classified information comes up. The Army determined that the soldiers of the 343rd acted individually rather than collectively. If two or more soldiers are found to have acted collectively in disobeying orders, they face a mutiny charge, which carries stiff penalties, including execution.