Article 111 UCM; Drunken or reckless operation of vehicle, aircraft, or vessel

Article 111 UCM Drunken or reckless operation of vehicle, aircraft, or vesselArticle 111 UCM Drunken or reckless operation of vehicle, aircraft, or vesselNote The requirements of this offense were changed by President George Bush, by Executive Order 12473, on October 14, 2005. Specifically, the blood-alcohol limits were changed from 0.10 to the levels shown in subsection b, below. Text. Any person subject to this chapter who- (1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title ( Article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the persons blood or breath is equal to or exceeds the level prohibited under subsection (b), as shown by chemical analysis, shall be punished as a court-martial may direct. Subsection b (1) For purposes of subsection (a), the ap plicable level of the alcohol concentration in a persons blood or breath is as follows (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, the level is the blood alcohol concentration prohibited under the law of the State in which the conduct occurred, except as may be provided under paragraph (b)(2) for conduct on a military installation that is in mora than one State, or the prohibited alcohol concentration level specified in paragraph (b)(3). (B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the level is the blood alcohol concentration specified in paragraph (b)(3) or such lower level as the Secretary of Defense may by regelung prescribe. (2) In the case of a military installation that is in more than one State, if those States have different levels for defining their prohibited blood alcohol concentrations under their respective State laws, the Secretary concerned for the inst allation may select one such level to apply uniformly on that installation. (3) For purposes of paragraph (b)(1), the level of alcohol concentration prohibited in a persons blood is 0.10 grams or more of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a persons breath is 0.10 grams or more of alcohol per 210 liters of breath, as shown by chemical analysis. (4) In this subsection, the term United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and the term State includes each of those jurisdictions. Elements (1) That the accused welches operating or in physical control of a vehicle, aircraft, or vessel and (2) That while operating or in physical control of a vehicle, aircraft, or vessel, the accused (a) did so in a wanton or reckless manner, or (b) was drunk or impaired, or (c) the alcohol concentration level in the accuseds blood or breath, as shown by chemical analysis, wa s equal to or exceeded the applicable level provided in subsection b above. (3) That the accused thereby caused the vehicle, aircraft, or vessel to injure a person. Explanation (1) Vehicle. See - 1 U.S.C. 4. (2) Vessel. See- 1 U.S.C. 3. (3) Aircraft. Any contrivance used or designed for transportation in the air. (4) Operates. Operating a vehicle, aircraft, or vessel includes not only driving or guiding a vehicle, aircraft or vessel while it is in motion, either in person or through the agency of another, but also setting of its motive power in action or the manipulation of its controls so as to cause the particular vehicle, aircraft or vessel to move. (5) Physical control and actual physical control. unterstellung terms as used in the statute are synonymous. They describe the present capability and power to dominate, direct or regulate the vehicle, vessel, or aircraft, either in person or through the agency of another, regardless of whether such vehicle, aircraft, or vessel is operated. For example, the intoxicated person seated behind the steering wheel of a vehicle with the keys of the vehicle in or near the ignition but with the engine not turned on could be deemed in actual physical control of that vehicle. However, the person asleep in the back seat with the keys in his or her pocket would not be deemed in actual physical control. Physical control necessarily encompasses operation. (6) Drunk or impaired. Drunk and impaired mean any intoxication which is sufficient to impair the rational and full exercise of the mental or physical faculties. The term drunk is used in relation to intoxication by alcohol. The term impaired is used in relation to intoxication by a substance described in - Article 112(a), Uniform Code of Military Justice. (7)Reckless. The operation or physical control of a vehicle, vessel, or aircraft is reckless when it exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. Recklessness is not determined solely by reason of the happening of an injury, or the invasion of the rights of another, nor by proof alone of excessive speed or erratic operation, but all these factors may be admissible and relevant as bearing upon the ultimate question whether, under all the circumstances, the accuseds manner of operation or physical control of the vehicle, vessel, or aircraft was of that heedless nature which made it actually or imminently dangerous to the occupants, or to the rights or tresorty of others. It is operating or physically controlling a vehicle, vessel, or aircraft with such a high degree of negligence that if death were caused, the accused would have committed involuntary manslaughter, at least. The nature of the conditions in which the vehicle, vessel, or aircraft is operated or controlled, the time of day or night, the proximity and number of other vehicles, vessels, or aircraft and the condition of the vehicle, vessel, or aircraft, are often matters of impo rtance in the proof of an offense charged under this article and, where they are of importance, may properly be alleged. (8)Wanton. Wanton includes reckless, but in describing the operation or physical control of a vehicle, vessel, or aircraft wanton may, in a proper case, connote willfulness, or a disregard of probable consequences, and thus describe a more aggravated offense. (9)Causation. The accuseds drunken or reckless driving must be a proximate cause of injury for the accused to be guilty of drunken or reckless driving resulting in personal injury. To be proximate, the accuseds actions need not be the sole cause of the injury, nor must they be the immediate cause of the injury, that is, the latest in time and space preceding the injury. A contributing cause is deemed proximate only if it plays a material role in the victims injury. (10)Separate offenses. While the same course of conduct may constitute violations of both subsections (1) and (2) of the Article, e.g., both drunk en and reckless operation or physical control, this article proscribes the conduct described in both subsections as separate offenses, which may be charged separately. However, as recklessness is a relative matter, evidence of all the surrounding circumstances that made the operation dangerous, whether alleged or not, may be admissible. Thus, on a charge of reckless driving, for example, evidence of drunkenness might be admissible as establishing one aspect of the recklessness, and evidence that the vehicle exceeded a safe speed, at a relevant prior point and time, might be admissible as corroborating other evidence of the specific recklessness charged. Similarly, on a charge of drunken driving, relevant evidence of recklessness might have probative value as corroborating other proof of drunkenness. Lesser included offense (1) Reckless or wanton or impaired operation or physical control of a vessel.Article 110- improper hazarding of a vessel. (2) Drunken operation of a vehicle, vessel, or aircraft while drunk or with a blood or breath alcohol concentration in violation of the described per se standard. (a) Article 110- improper hazarding of a vessel (b)Article 112- drunk on duty (c)Article 134- drunk on station Maximum punishment (1)Resulting in personal injury. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months. (2)No personal injury involved. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 35

Customize this Outstanding Entry Level Pest Control Resume Template

Customize this Outstanding Entry Level Pest Control Resume TemplateCustomize this Outstanding Entry Level Pest Control Resume TemplateCreating a well-organized resume is essential if you hope to distinguish yourself from other applicants in the pest control industry. Taking the extra time to highlight your skills and experience is an excellent way to help a hiring manager determine that youre the perfect fit for the company.One of the keys to any successful resume is to list your expertise and if you have any work experience in the pest control industry. The ability to multitask, work independently, and be safety-conscious are great traits to put on your resume. Any professional certifications or educational courses related to pest control can give you a significant edge over other applicants.Check out the entry-level pest control resume schablone below for more ways to present your skill set to potential employers. Create ResumeLindsay Burrell100 Main Street, Cityplace, CA, 91019Cel l (555) 322-7337 example-emailexample.comSummaryAdaptable, hard working and reliable individual, seeking a position that reflects my experience and skills, which will allow me the opportunity to participate as a team member in a dynamic work environment focused on promoting business growth by providing superior value and service.SkillsFluent in EnglishSafety-consciousExceptional problem solverMulti-taskerAdaptableDeterminedHeavy industrial equipment operationDependable independent workerAccomplishmentsEarned a perfect attendance record for one year straight.ExperienceOssining, NYM/S GAS LUKOIL March 2009 to Current Cashier/Inventory clerkOSSINING, NYCounted and verified orders picked to ensure accuracy.Responsible for promoting safe and clean working environment.Unloaded incoming inventory and placed products onto shelves.Kept supervisor informed of job progredienz and material requirementsManaged work with little supervision.New York Footwear and Communications May 2004 to November 2008 Sales Associate/Customer Service RepresentativeOssining, NYTroubleshooted and activated cell phones for customers. Maintained up-to-date knowledge of store policies regarding payments, returns and exchanges. Earned Top Seller for two consecutive quarters in 2004. Worked as a team member performing cashier duties, product assistance and cleaning.Guaranteed positive customer experiences and resolved all customer complaints under little supervision.Metalized Carbon Corp March 2002 to July 2003 CNC Machine Lathe TechnicianOssining, NYWorked under strict deadlines and responded to service requests for carbon products for companies such as NASA, US Military, and Delta to name a few. Followed proper selection procedures as established by the company. Completed over 30 hours of safety training. Operated powered lift trucks, floor sweepers, pallet jacks and forklifts safely, with a 0% incident rate.Education and TrainingBOCES SOUTHERN WESTCHESTER 2008 ASE CERTIFICATION BASIC AUTO MECHA NICS Yorktown, NY, UNITED STATES Customize ResumeMore Installation and Maintenance ResumesPest Control Resume Templates

A Professionals Guide to Asking for Your Old Job Back (Without Begging)

A Professionals Guide to Asking for Your Old Job Back (Without Begging)A Professionals Guide to Asking for Your Old Job Back (Without Begging)Youre a few months to a year into what you thought would be your dream job. You left a perfectly good job in order to take this one because you thought it would be a better opportunity.But now that some time has passed, its clear you were dead wrong. Not only is thisnotthejob of your dreams, it isnt even close to as good as the job you had before.The thought of returning to your old job has crossed your mind mora than once, but you dont know how to go about approaching your oldcompany about the possibility of getting rehired. Herewhat to do- in this order.Revisit Why You LeftOnce youve begun fantasizing about returning to your past employer, youre likely to start weighing a lot of factors at onceWould they want meback?Have they backfilleuchtdiode byposition by now? Is there even room for me if they have?Dont get ahead of yourself. Before you ca n answer any of those questions, you need to reexamine the reasons why you left in the first place. Think hard about whether your motivations back thenshould deter you from rejoining your past employer now. If any major downsides from your last role led you to quit it and youd have to face them again, you might want to think twice about rejoining the company. But if not,youre all clear to reach out to your former employer.Related 3 Times Its Okay to Change Your Mind About a Job Offer (or Your Whole Career)Network InformallyWhen you resigned, you likely left behind a boss, mentor, or a champion in the company who knows you well. Reach out to that person- informally at first- and confidentially discuss your desire to return to the company. Ask for theirhonest sense ofthe feasibility of that happening, including the companys perception of you, your work, your skill set,how well-liked you were, and (most important of all) how the company seemed to feel about the circumstances surroundin g your departure.If you left on great terms and the company has a need for you, go into soft-sell mode and talk about the new skills youve acquired since you left. You want to position yourself as an incoming employee whos going to addnewvalue, not just the same old employee who left and now wants to return. The likelihood of your getting rehired goes way up if you give your contact inside the company allthe ammunition they need to go back andsell your candidacy to thosewho are responsible for hiring.Related How I Got My Old Job Back After Leaving for a New OneApply FormallyIf your informal liaison gives you the green light, then have them put you in touch with ahuman resources officeror the person in dienstgrad of hiring for your position. But hang onto a job-interview mindset for this stage- you arent negotiating anything just yet. Youllneed a well-crafted story for why your former employer should consider you always assume there are other qualified candidates for the company to c hoose from.But dont downplay your experience since quitting. In fact, keep the focus of your story on the benefits of hiring youthe second time around, since this is now what separates you from other candidates. Include new skills youve acquired in the meantime, plusyour extensive knowledge of the company and the way it operates. Talk upthe fact that you have relationships already in place with employees in the company, and emphasize how quickly youll be able to hit the ground running and getback up to speed.Prepare for aDifferent Type of InterviewBe ready for a very different job interview than what you might expect had you neverworked at the company. That conversationwill likely center aroundwhy you left and why you now want to come back. Expect some level of skepticism on the part of the company, since somebody who left once can always leave twice. The company might hesitate to reinvest in you if it cant be sure you plan to stay, so your pitchneeds to be compelling.While you shou ldfocus onthemain skills youll be bringing back to the company, the interview is also your chance to sell the new skills youll be bringing in this time around. Dont hold back in making the case for yourself, and dont be afraid to admit any mistakes you mightvemade in deciding to leave originally. You need to convince people that since you were a highly valuable employee the first time around, you can be an even more valuable employee the second time around.Related 5 Steps to Getting Rehired By a Former EmployerNegotiate for More Than What You Left WithSalary, job title, responsibilities You might hesitate to, but you should negotiate for more of everything.Once you move successfully through the interview process and it looks like the company is interested in bringing you back, youve gained leverage. So use itThe narrative you told about being a value-add clearly paid off, so now you need to carry it throughthe negotiation stage. As a result, you should ask for more money, a higher j ob title, and more responsibility.This approach lets you negotiatefrom a position of strength. If the company winds up offering you the same job or salary that you had before, the ball is in your court to decide if its worth taking. But whatever you do,neveraccept a lowertitle or less paythan you had the first time around. It will be uncomfortable for you and for everybody around you, especially if past subordinates later become your peers- and its a sign that your company doesnt value you as much as it did before. Youd be better off accepting a job elsewhere.This article was originally published on Fast Company. It has been republished here with permission.