Marine Corps Depot Parris Island will conduct an Article 32 military disciplinary proceeding this Thursday as it investigates allegations of hazing and mistreatment of recruits. An Article 32 hearing is similar to a preliminary hearing in civilian court, where a trier of fact will determine whether there is sufficient evidence for the case to go forward. The hearing officer in the Article 32 hearing will determine whether enough evidence exists to merit considering the case for a general court-martial – the highest level military court.
The unnamed Marine in the center of the allegations, a staff sergeant, is currently facing three charges under the Uniform Code of Military Justice (UCMJ): Articles 92, 93, and 107. These UCMJ violations constitute a failure to obey a lawful general order, cruelty and maltreatment, and making a false official statement, respectively.
Article 92 of the UCMJ states in full:
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
10 U.S.C. § 892, Art. 92.
Similar to Article 134 of the UCMJ, Article 92 can entail a wide spectrum of offenses and is regularly employed when disciplinary soldiers.
Article 93 of the UCMJ states that "[a]ny person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct." 10 U.S.C. § 893, Art. 93.
Article 107 of the UCMJ states, "Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct." 10 U.S.C. § 907, Art. 107.
Last year, recruit Raheel Siddiqui died after falling three stories while training at Parris Island. The Marine Corps ruled Siddiqui's death a suicide, but conflicting reports of hazing and mistreatment have arisen since his death. Siddiqui's death may have aided as a catalyst in the recent charges being brought against the staff sergeant.