Final answer:
Punitive language must fall under specific articles of the UCMJ to be punishable, generally when it affects good order, discipline, or discredits the military. The individual must be subject to military law, typically when they are active duty military personnel, for punishment to be enforced.
Step-by-step explanation:
The question revolves around the enforcement of the Uniform Code of Military Justice (UCMJ). Punitive language or actions are addressed under various articles of the UCMJ. However, in order for a member of the military to be punished for the use of punitive language, such language must fall under the conduct provisions outlined in Articles 89, 91, 133, or 134, which address respect toward superiors, willfully disobeying a superior commissioned officer, conduct unbecoming an officer and gentleman, and general articles covering all manner of offenses including language that affects good order and discipline or brings discredit upon the armed forces.
To be prosecuted under the UCMJ, the individual's action must have taken place while they were subject to military law, which generally means while they were active duty military personnel. Military courts will evaluate the context and severity of the language used to determine if it meets the threshold for punishment.