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Military Law

Military law is a distinct legal system which members of armed forces are subject. Military law in the United States is controlled by the Uniform Code of Military Justice (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an Executive order issued by the President of the United States.

Nonjudicial Punishment

Nonjudicial punishment (NJP) is a leadership tool providing United States military commanders a prompt and essential means of maintaining good order and discipline. NJP is permitted by Article 15 of the Uniform Code of Military Justice (UCMJ), which is Section 815 of Title 10 of the United States Code. The process is governed by Part V of the Manual for Courts-Martial and by service regulations. NJP proceedings are known by different terms among the United States armed forces: The US Marine Corps refers to the proceeding as "office hours" while the US Army and US Air Force refer to it as an "Article 15." In the US Navy it is called "Captain's Mast" or "Admiral's Mast."

Prior to imposition of NJP, a servicemember must first be notified by the commander of the nature of the misconduct of which he or she is accused, of the evidence supporting the accusation, and of the commander's intent to impose NJP. The commander will then hold a hearing at which the member may be present. The member may also have a spokesperson attend the hearing, may present evidence to the commander, and may request that the commander hear from certain witnesses. The commander must consider any information offered during the hearing, and must be personally convinced that the member actually committed misconduct before imposing punishment.

Maximum penalties depend on the rank of the accused and that of the officer imposing punishment.

Maximum allowable penalties for accused officers:

If the officer imposing punishment holds General Court Martial authority, or a commanding officer of the grade O-7 or greater:
- Arrest in quarters: not more than 30 days.
- Restriction to limits: not more than 60 days.
- Forfeiture of pay: not more than 1/2 of one month's pay per month for two months.
- Admonition or reprimand.

By Commanding Officers of the grades O-4 to O-6:
- Restriction to limits: not more than 30 days.
- Admonition or reprimand.

By Commanding Officers of the grades O-1 to O-3
- Restriction to limits: not more than 15 days.
- Admonition or reprimand.

By Officers In Charge:
- No NJP authority over Officers.

Maximum possible punishments for enlisted soldiers

For Commanding Officers at the grade of O-4 or above are:
- Restriction to specific limits (normally work, barracks, church, mess hall, and medical facilities) for not more than 60 days
- Extra duties, including fatigue or other duties, for not more than 45 days
- Restriction with extra duties for not more than 45 days
- Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
- Forfeiture of one half of base pay for two months
- Reduction by one grade. Not imposable on E-6 or above for USMC, or E-7 or above for other services
- Confinement on diminished rations for not more than 3 days (USN and USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal.

For Commanding Officers at the grade of O-3 or below and commissioned OIC:
- Restriction to specific limits (normally work, barracks, church, mess hall, and medical facilities) for not more than 14 days
- Extra duties, including fatigue or other duties, for not more than 14 days
- Restriction with extra duties for not more than 14 days
- Correctional Custody for not more than 7 days (only if accused is in the grades E-3 and below)
- Forfeiture of 7 days pay
- Reduction by one grade, if original rank in promotion authority of imposing officer. Not imposable on E-6 or above for USMC, or E-7 or above for other services
- Confinement on diminished rations for not more than 3 days (USN and USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal.

If the member considers the punishment to be unjust or to be disproportionate to the misconduct committed, he or she may appeal to higher authority. The appeal authority may set aside the punishment, decrease its severity, or deny the appeal, but may not increase the severity of the punishment. Personnel also are permitted to refuse NJP in favor of a Court Martial, this would be done in cases where they do not feel their Commanding Officer will give them a fair hearing.

Court Martial

A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law.

As in all United States criminal courts, courts-martial are adversarial proceedings. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side. In doing so, they follow the rules of procedure and evidence. Based upon these presentations, the judge decides questions of law. The court-martial members apply the law and decide questions of fact. Only a court-martial can determine innocence or guilt. General and special court-martial convictions are equivalent to federal court convictions.

There are three types of courts-martial�summary, special and general.

Trial by summary court-martial provides a simple procedure for resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one individual, typically a judge advocate. The maximum punishment imposable by a summary court-martial is considerably less than a special or general court-martial. The accused must consent to trial by summary court-martial before the court can commence.

A special court-martial is the intermediate level of courts. An accused facing a special court-martial can be sentenced to no more than one year confinement (or a lesser amount if the offense has a lower maximum), forfeiture of two-thirds pay per month for six months, a bad conduct discharge (for enlisted personnel), and certain lesser punishments.

In a general court-martial, the maximum punishment is that set for each offense under the Manual for Courts-Martial (MCM), and may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment. Before a case goes to a general court-martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused. An accused before any court-martial is entitled to free legal representation by a defense counsel, and can also retain civilian counsel at his or her own expense.

There are procedures for post-trial review in every case, although the extent of those appellate rights depends upon the punishment imposed by the court and approved by the convening authority. Cases involving a punitive discharge or dismissal or confinement for one year or more will undergo automatic review by the appropriate military (Army, Navy, or Air Force) court of criminal appeals, unless the accused waives such review. The Court of Criminal Appeals can correct any legal error it may find, and it can reduce an excessive sentence. The accused will be assigned an appellate defense counsel to represent him or her at no cost before the Court. Civilian counsel may be retained at the accused's own expense. Beyond the Court of Criminal Appeals, the accused can petition the United States Court of Appeals for the Armed Forces for further review. That court consists of civilian judges, and it can correct any legal error it may find. Appellate defense counsel will also be available to assist the accused at no charge. Again, the accused can also be represented by civilian counsel, but at his or her own expense. Beyond that court, it is possible to petition the United States Supreme Court to review the case, although such petitions are rarely granted.

Military Law Links:
- Amendments to Manual for Courts-Martial
- Coast Guard Court of Criminal Appeals
- Coast Guard Legal
- Dagger JAG Blog
- DeploymentLINK Legal Resources
- FindLaw
- Judge Advocates Association
- Legal Assistance Locator
- Manual of Courts-Martial (PDF)
- Military Discount Attorneys
- Military Justice Facts
- Military Law & Divorce
- Military Law Task Force
- Military Legal Resources
- U.S. Army Court of Criminal Appeals
- U.S. Army JAG
- U.S. Army JAG Jobs
- U.S. Military Court of Appeals
- U.S. Navy JAG
- UCMJ - Uniform Code of Military Justice
- USAF Court of Criminal Appeals
- USAF JAG

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