DAFORMFILLABLE.COM | DA FORM 5109 Fillable – Army Pubs 5109 PDF – DA FORM 5109, titled “Request To Superior To Exercise Article 15, UCMJ, Jurisdiction”, is an essential document used within the United States Army. This form is pivotal in the military justice system, providing a mechanism for service members to request that their superior officers exercise jurisdiction under Article 15 of the Uniform Code of Military Justice (UCMJ).
DA FORM 5109 – Request To Superior To Exercise Article 15, UCMJ, Jurisdiction
| Form Number | DA Form 5109 |
| Form Title | Request To Superior To Exercise Article 15, UCMJ, Jurisdiction |
| Form Date | 09/01/2002 |
| Form Proponent | TJAG |
Understanding DA FORM 5109
Purpose and Use
DA FORM 5109 is utilized by service members to formally request that a superior officer take jurisdiction under Article 15 of the UCMJ. Article 15 allows commanders to impose non-judicial punishment for minor offenses, offering a more expedient and less formal means of maintaining discipline within the ranks compared to a court-martial.
Key Features of DA FORM 5109
- Pub/Form Number: DA FORM 5109
- Pub/Form Date: 09/01/2002
- Pub/Form Title: REQUEST TO SUPERIOR TO EXERCISE ARTICLE 15, UCMJ, JURISDICTION
- Pub/Form Proponent: TJAG (The Judge Advocate General)
- Pub/Form Status: ACTIVE
- Prescribed Forms/Prescribing Directive: AR 27-10
- Footnotes: 42-ITEM ONLY PRODUCED IN ELECTRONIC MEDIA
- Superseded/Replaced Other Pub/Form: SUPERSEDED DA FORM 5109-R, 11/01/1982
- Security Classification: UNCLASSIFIED
- Dist Restriction Code: A APPROVED FOR PUBLIC RELEASE; DISTRIBUTION IS UNLIMITED
- Pub/Form IDN: 990001
- Pub/Form PIN: 080380
Detailed Breakdown of DA FORM 5109
Sections of the Form
DA FORM 5109 is structured to capture all necessary information related to the request. Key sections include:
Personal Information
This section gathers essential details about the service member making the request, including their name, rank, unit, and contact information.
Incident Description
Here, the service member provides a detailed account of the incident for which they are requesting their superior to exercise Article 15 jurisdiction. This narrative is critical as it sets the context for the request.
Justification for Article 15 Jurisdiction
The service member must explain why they believe Article 15 is the appropriate course of action. This could include reasons such as the minor nature of the offense, the need for swift disciplinary action, or the potential benefits of non-judicial punishment over formal court-martial proceedings.
Submission and Approval Process
Once completed, DA FORM 5109 must be submitted to the appropriate superior officer. The superior officer will review the request, consider the circumstances, and determine whether to exercise Article 15 jurisdiction.
Importance of DA FORM 5109 in Military Justice
Expedited Discipline
DA FORM 5109 plays a crucial role in maintaining discipline within the military by providing a streamlined process for addressing minor offenses. This form facilitates timely and efficient resolution, helping to uphold order and discipline without the need for more formal judicial processes.
Flexibility and Fairness
The use of Article 15 jurisdiction, requested via DA FORM 5109, offers a balance between maintaining discipline and ensuring fairness. It allows for a proportionate response to minor infractions, ensuring that service members are held accountable while also considering the context and severity of the offense.
Conclusion
DA FORM 5109 – Request To Superior To Exercise Article 15, UCMJ, Jurisdiction is a vital tool in the military justice system. It enables service members to seek non-judicial punishment for minor offenses, promoting discipline and fairness within the ranks. Understanding the purpose, structure, and process associated with this form is essential for those in the military seeking to navigate the complexities of military justice efficiently.
DA FORM 5109 Fillable – Army Pubs 5109 PDF DOWNLOAD
