Conduct unbecoming
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.
Use in the United Kingdom[]
The phrase was used as a charge in courts martial of the British Armed Forces in the 18th and early 19th centuries, although it was not defined as a specific offence in the Articles of War.[1] For instance, in 1813, Colonel Sir J Eamer was brought before a court martial "For behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, towards Captain B V Symes of the same regiment..."[2] The charge seems to have been first codified under the British Naval Discipline Act of 10 August 1860,[3] which says; "Article 24: Every Officer subject to this Act who shall be guilty of Cruelty, or of any scandalous or fraudulent Conduct, shall be dismissed with Disgrace from Her Majesty's Service; and every Officer subject to this Act who shall be guilty of any other Conduct unbecoming the Character of an Officer shall be dismissed, with or without Disgrace, from Her Majesty's Service."[4]
Use in the United States[]
The offense is defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice (UCMJ), enacted at 10 U.S.C. § 933.
Article 133. Conduct unbecoming an officer and a gentleman:
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
The elements are:
- That the accused did or omitted to do certain acts; and
- That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.[5]
Here "officer" is understood to include commissioned officers, cadets, and midshipmen of both sexes, hence the more common term conduct unbecoming. A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.[6]
See also[]
- A Few Good Men, 1992 film
- An Officer and a Gentleman, 1982 film
- Appearance of impropriety
- Conduct prejudicial to good order and discipline
- "Conduct unbecoming an officer", is also used some civil police agencies.[7]
- Conduct Unbecoming, 1975 film based on a play by Barry England
- I know it when I see it
- Military tradition
- "Ungentlemanly conduct" was a cautionable offence in Association football until 1997, when it was redefined as "unsportsmanlike conduct".[8]
References[]
- ^ Buckley, Roger Norman (1998). The British Army in the West Indies: Society and the Military in the Revolutionary Age. University Press of Florida. p. 239. ISBN 0-8130-1604-5.
- ^ E Samuel, An Historical Account of the British army: and of the Law Military William Clowes, London 1816 (p.650)
- ^ Rees, N. (1987). Why Do We Say ...?. ISBN 0-7137-1944-3.
- ^ William Loney RN - Background - The Naval Discipline Act, 1861
- ^ Article 133 of the punitive code of the UCMJ, local copy at Cornell University
- ^ Powers, Rod. "Article 133: Conduct unbecoming an officer and gentleman". About.com. Retrieved 16 May 2008.
- ^ Silver, Isidore (19 May 2008). Public Employee Discharge and Discipline. Vol. 1 (Third ed.). Aspen Publishers. p. 240. ISBN 978-0-7355-2540-5.
- ^ FIFA: The History of the Laws of the Game 1990-2000
- United States military law
- Court-martial