UCMJ Basics

Uniform Code of Military Justice.

May 5, 1950. It became effective on May 31, 1951.

The comprehensive guide that contains the UCMJ, Rules for Courts-Martial, Military Rules of Evidence, and maximum punishments. It is an Executive Order issued by the President.

All members of the uniformed services (active duty, reserves on active duty, cadets/midshipmen, retirees receiving pay, POWs, and certain civilians accompanying the force in the field).

Article 15.

Army/Air Force: Article 15. Navy/Marines: Captain's Mast or Admiral's Mast. Coast Guard: Captain's Mast.

To allow commanders to resolve minor offenses quickly without the stigma or formality of a court-martial, while maintaining good order and discipline.

Yes, unless the member is attached to or embarked on a vessel (Navy/Marines), in which case the right to refuse is not available.

Summarized Article 15, Company-grade Article 15, and Field-grade Article 15.

14 days extra duty, 14 days restriction, reduction of one grade (E-4 and below), forfeiture of 7 days base pay.

45 days extra duty, 60 days restriction, reduction of one or more grades (E-4 and below; one grade for E-5/E-6), forfeiture of half a month's pay for 2 months.

Yes. The member has the right to appeal to the next superior authority within 5 calendar days (or a reasonable time as specified).

Summary Court-Martial, Special Court-Martial, and General Court-Martial.

A commanding officer, typically at the battalion/squadron level or above, as specified in Article 24 of the UCMJ.

One commissioned officer.

30 days confinement, 45 days hard labor without confinement, restriction for 2 months, forfeiture of two-thirds pay for one month, reduction to E-1.

Yes. The accused must consent to trial by Summary Court-Martial (it cannot be imposed without consent, unless the accused is absent without authority).

A commander empowered by the service regulations, typically at the brigade/wing level or any commander specifically authorized (Article 23).

12 months confinement, forfeiture of two-thirds pay per month for 12 months, reduction to E-1, a bad-conduct discharge (if a military judge is detailed and a verbatim record is made).

The President, Secretary of Defense, Secretary of a military department, or a commanding general/flag officer as designated (Article 22).

A thorough investigation under Article 32 of the UCMJ (preliminary hearing).

Any punishment authorized by law for the offense, including death (for certain offenses), dishonorable discharge, total forfeiture of pay and allowances, and confinement for life.

The right against compulsory self-incrimination (similar to the Fifth Amendment and Miranda rights in civilian law).

1) Right to be informed of the nature of the accusation, 2) Right to be advised that any statement may be used against them, 3) Right to remain silent (no adverse inference from silence).

Article 31 applies whenever a person subject to the UCMJ questions a suspect, not just during custodial interrogation. It has a broader application than Miranda.

Yes. The accused has the right to a military defense counsel free of charge at Special and General Courts-Martial, and the right to hire a civilian attorney at their own expense.

Article 86 — Absence Without Leave.

Article 85 — Desertion.

AWOL is unauthorized absence. Desertion requires the intent to remain away permanently or to avoid hazardous duty or shirk important service. Absence over 30 days raises a presumption of desertion.

Death, or such other punishment as a court-martial may direct.

Article 89.

Article 91.

Article 92.

Article 134 — the General Article (also covers conduct of a nature to bring discredit upon the armed forces and crimes not capital).

Article 134 (fraternization is a specification under the General Article). It is also addressed in service-specific regulations.

An improper personal relationship between an officer and an enlisted member that violates the customary bounds of acceptable behavior and is prejudicial to good order and discipline or brings discredit to the armed forces.

Article 94.

Article 120 — Rape and Sexual Assault.

Article 118.

Article 121.

Article 115.

Article 113.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year (or 18 months if terminated by apprehension).

Yes, as long as the commander considers the offense minor. There is no list limiting which offenses can be handled under Article 15.

Generally 5 years from the date of the offense, except for offenses punishable by death (no statute of limitations) and certain sexual offenses (extended or no limit per recent amendments).

Article 88 (applies to commissioned officers only).

Article 37 — it prohibits commanders and convening authorities from improperly influencing the actions of courts-martial or the findings/sentencing of court members.

Yes. The prohibition against double jeopardy applies between courts of the same sovereign. Military courts and state/federal courts are considered separate sovereigns.

Articles 77 through 134 (also including newer articles through 134a), which define specific criminal offenses under military law and prescribe maximum punishments.

Right to be present, right to counsel (military and/or civilian), right to cross-examine witnesses, right to present evidence, and right to a copy of the preliminary hearing officer's report.