UCMJ & Military Justice

What is the UCMJ?

The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. It applies to all members of the uniformed services. It was enacted by Congress and signed into law in 1950. The manual that prescribes military justice procedures is the Manual for Courts-Martial (MCM).

Key Articles

• Article 15 (Nonjudicial Punishment): Allows a commander to impose punishment for minor offenses without a court-martial.
• Article 31: Rights of the accused (similar to Miranda rights) — right to remain silent, right to counsel.
• Article 86: Absence Without Leave (AWOL)
• Article 91: Insubordinate conduct toward warrant officer, NCO, or PO
• Article 92: Failure to obey order or regulation
• Article 107: False official statements
• Article 112: Drunk on duty
• Article 112a: Wrongful use, possession of controlled substances
• Article 128: Assault
• Article 134: General article (conduct prejudicial to good order and discipline)

Types of Article 15 (NJP)

• Summarized: Administered by any commander. Max punishment: 14 days extra duty, 14 days restriction, oral reprimand.
• Company Grade: Administered by company-grade officers (O-1 to O-3). Max punishment: 14 days extra duty, 14 days restriction, 7 days forfeiture of pay, reduction of one grade (E-4 and below).
• Field Grade: Administered by field-grade officers (O-4 to O-6). Max punishment: 45 days extra duty, 60 days restriction, 1/2 month's pay for two months, reduction of one or more grades (E-4 and below) or one grade (E-5/E-6).

Soldier's Rights Under Article 15

A Soldier facing a Formal (Company or Field Grade) Article 15 has the right to:
1. Demand trial by court-martial
2. Be informed of the charges and examine the evidence
3. Consult with military defense counsel (TDS)
4. Present matters in defense, mitigation, or extenuation
5. Have a spokesperson present
6. Appeal the punishment (usually within 5 calendar days)

*CRITICAL EXCEPTION: A Soldier facing a Summarized Article 15 does NOT have the right to consult with TDS.*

Types of Courts-Martial

If a Soldier turns down an Article 15, or for more serious offenses, they may face a court-martial. The three types are:
1. Summary Court-Martial (minor offenses, enlisted only)
2. Special Court-Martial (intermediate offenses, acts like a misdemeanor court)
3. General Court-Martial (most serious offenses, acts like a felony court)

Board Tips

Know the key articles listed above, especially Articles 15, 31, 86, 91, 92, and 134. Board members love to ask: 'What is Article 92?' Know the three types of Article 15 and the three types of courts-martial. A classic 'gotcha' question is: 'Does a Soldier have the right to defense counsel for a Summarized Article 15?' The answer is NO, they do not have the right to TDS for a summarized reading.