Striking the Balance between Discipline and Justice: The Commander's Role in the Military Justice System and its Impact on the Military Profession

As military leaders renew their commitment to the military profession, debate over sexual assault and senior leader misconduct has caused several members of Congress to propose legislation that would remove commanders from the military justice process. Since enforcement of an ethical code through self-regulation is one critical characteristic of professions, any change to the military s mechanism for self-regulation could affect the military s status as a profession. This thesis analyzes the impact that the proposed legislation would have on the United States military s status as a profession. By comparing the history of the United States military as a profession and the history of the military justice system in the United States, this thesis establishes that the evolution of the United States military profession corresponded to the evolution of the military justice system. What started as a system of discipline became a balance between justice and discipline as the system became more fair and equitable for the professional army. To retain the elements of a system of discipline, commanders must remain involved in the process. Maintaining this balance is critical to retaining the trust of American people that is necessary for American society to continue recognizing the military as a profession.