Editing Uniform Code of Military Justice

{{Short description|United States military law}}
{{Use mdy dates|date=March 2014}}
{{More citations needed|date=September 2009}}
The '''Uniform Code of Military Justice''' ('''UCMJ''') is the foundation of the system of [[military justice]] of the [[United States Armed Forces|armed forces of the United States]]. The UCMJ was established by the United States Congress in accordance with their [[United States Constitution|constitutional authority]], per [[Article One of the United States Constitution|Article I]] Section 8 of the [[Constitution of the United States|U.S. Constitution]], which provides that "The Congress shall have Power . . . to make Rules for the Government and Regulation of the [[United States Armed Forces|land and naval forces]]" of the United States.<ref>{{Cite web |title=10 U.S. Code Chapter 47 - UNIFORM CODE OF MILITARY JUSTICE |url=https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-47 |access-date=2023-08-10 |website=LII / Legal Information Institute |language=en}}</ref>

==History==
{{Further|Articles of War}}
{{Further|Articles for the Government of the United States Navy}}
On June 30, 1775, the [[Second Continental Congress]] established 69 [[Articles of War]] to govern the conduct of the [[Continental Army]].<ref>{{cite web|title=Journals of the Continental Congress - Articles of War, June 30, 1775|url=http://avalon.law.yale.edu/18th_century/contcong_06-30-75.asp|publisher=Yale Law School|access-date=Nov 25, 2021}}</ref><ref name=":0">{{Cite journal |last=Schlueter |first=David |date=1980 |title=THE COURT-MARTIAL: AN HISTORICAL SURVEY |journal=Military Law Review |volume=87 |pages=129–166 |via=[[HeinOnline]]}}</ref> 

Effective upon its ratification in 1788, Article I, Section 8 of the [[United States Constitution]] provided that [[United States Congress|Congress]] has the power to regulate the land and naval forces.<ref>[[Article One of the United States Constitution#Section 8: Powers of Congress|U.S. Const., Art. I, Sec. 8]]</ref><ref name = "Cox1987">
{{Cite journal |title=The Army, the Courts, and the Constitution: The Evolution of Military Justice |journal=Military Law Review |url=https://heinonline.org/HOL/Page?handle=hein.journals/milrv118&id=9&collection=journals&index= |last=Cox |first=Walter T. |issue=1 |volume=118 |pages=1–30 |via=[[HeinOnline]] |year=1987}}</ref><ref name=":0" /> On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later.<ref name=":0" />{{sfn|Cox|1987|p=3}} Discipline in the sea services was provided under the [[Articles for the Government of the United States Navy]], commonly referred to as ''Rocks and Shoals''.{{sfn|Cox|1987|p=10}} 

The Articles of War evolved during the first half of the twentieth century and were amended in 1916 and 1920.{{sfn|Cox|1987|p=10}} In 1948, Congress substantially reformed the Articles pursuant to the [[Selective Service Act of 1948]],<ref name = "Cooke">{{Cite journal |title=Military Justice and the Uniform Code of Military Justice |journal=Army Lawyer |url=https://heinonline.org/HOL/Page?handle=hein.journals/armylaw2000&id=227&collection=journals&index= |last=Cooke |first=John S. |issue=3 |volume=2000 |pages=1–6 |via=[[HeinOnline]] |publisher=[[United States Army Judge Advocate General's Corps]] |year=2000 |editor-last=Swank |editor-first=Drew A.}}</ref> but its naval counterpart remained little changed.{{sfn|Cox|1987|p=12}} The military justice system continued to operate under the Articles of War and Articles for the Government of the Navy until May 31, 1951, when the Uniform Code of Military Justice came into effect.{{sfn|Cooke|2000|p=2}} 

The UCMJ was passed by Congress on 5 May 1950, and signed into law by President [[Harry S. Truman]] the next day.{{sfn|Cox|1987|p=14}} It took effect on May 31, 1951. The word ''uniform'' in the Code's title refers to its consistent application to all the armed services in place of the earlier Articles of War, Articles of Government, and Disciplinary Laws of the individual services.<ref>{{cite news|title=Truman Signs Code of Service Justice|access-date=March 31, 2014|date=May 7, 1950 |newspaper=[[The New York Times]] |url=https://www.nytimes.com/1950/05/07/archives/truman-signs-code-of-service-justice-bill-provides-a-civilian-court.html |page=82}}</ref> Apart from consolidation of the existing military law, the UCMJ introduced [[United States Court of Appeals for the Armed Forces]].{{sfn|Cox|1987|p=14}} 

The UCMJ, the Rules for Courts-Martial (RCM) (analogous to the [[Federal Rules of Criminal Procedure]]), and the Military Rules of Evidence (analogous to the [[Federal Rules of Evidence]]) have evolved since their implementation. They have often paralleled the development of the federal civilian criminal justice system. In some ways, the UCMJ has been ahead of changes in the civilian criminal justice system.  For example, a rights-warning statement similar to the [[Miranda warning|''Miranda'' warnings]] (and required in more contexts than in the civilian world where it is applicable only to custodial interrogation) was required by {{UnitedStatesCode|10|831|pipe=Article 31}} a decade and a half before the U.S. [[United States Supreme Court|Supreme Court]] ruled in ''[[Miranda v. Arizona]]''.<ref>{{Cite journal |title=Procedural Rights of the Military Accused: Advantages over a Civilian Defendant Justice in the Military |journal=Main Law Review|url=https://heinonline.org/HOL/Page?handle=hein.journals/maine22&id=115&collection=journals&index= |last=Moyer |first=Homer E. |volume=22 |via=[[HeinOnline]] |publisher=[[University of Maine Press]] |year=1970 |page=107}}</ref> Article 38(b) continued the 1948 Articles of War guarantee that qualified defense counsel be provided to all accused without regard to indigence (and at earlier stages than required in civilian jurisdictions),<ref>{{UnitedStatesCode|10|838|pipe=Art. 38. Duties of trial counsel and defense counsel}}</ref> whereas the U.S. Supreme Court only guaranteed the provision of counsel to indigents in ''[[Gideon v. Wainwright]]''.<ref>{{Cite journal|title=Civilian Versus Military Justice in the United States: A Comparative Analysis |journal=Air Force Law Review |url=https://heinonline.org/HOL/Page?handle=hein.journals/airfor52&id=221&collection=journals&index= |last1=Rives |first1=Jack L. |volume=52 |pages=213–212 |via=[[Hein Online]]|last2=Ehlenbeck |first2=Steven J. |publisher=[[United States Air Force Judge Advocate General's Corps]] |year=2002}}</ref>  

The role of what was originally a court-martial's non-voting "law member" developed into the present office of military judge whose capacity is little different from that of an [[Article III judge]] in a [[U.S. district court]]. At the same time, the "court-martial" itself, the panel of officers hearing the case and weighing the evidence, has converted from being essentially a board of inquiry/review presiding over the trial, into a jury of military service-members.

In 2013, at the [[United States Department of Defense|Department of Defense]]'s Judicial Proceedings Panel, [[Cortney Lollar]] testified that the UCMJ needed to be updated to improve the sections regarding sexual assault.<ref>{{Cite web |last=Harder |first=Whitney |date=25 March 2015 |title=UK's Lollar Testifies Before Department of Defense Panel {{!}} J David Rosenberg College of Law |url=https://law.uky.edu/news/uks-lollar-testifies-department-defense-panel |url-status=live |archive-url=https://web.archive.org/web/20210228035355/https://law.uky.edu/news/uks-lollar-testifies-department-defense-panel |archive-date=28 Feb 2021 |access-date=2023-06-23 |website=law.uky.edu |language=en}}</ref>

The current version of the UCMJ is printed in the latest edition of the ''[[Manual for Courts-Martial]]'' (2019), incorporating changes made by the President (executive orders) and [[National Defense Authorization Act]]s of 2006 and 2007.

==Jurisdiction==

===Courts-martial===
{{main article|Courts-martial of the United States}}
[[Courts-martial]] are conducted under the UCMJ and the ''[[Manual for Courts-Martial]]'' (MCM). If the trial results in a conviction, the case is reviewed by the [[convening authority]] – the commanding officer who referred the case for trial by court-martial.<ref name = "CAAF Apell Rev">{{Cite web |url=https://www.armfor.uscourts.gov/newcaaf/appell_review.htm|title=Appellate Review of Courts-Martial |date=2006-01-31 |access-date=2023-04-04 |website=[[United States Court of Appeals for the Armed Forces]]}}</ref><ref>{{UnitedStatesCode|10|860|60|pipe=Art 60. Post-trial processing in general and special courts-martial}}</ref> The power of the convening authority was reduced in 2014.<ref>{{Cite web |url=https://uscode.house.gov/view.xhtml?req=(title:10%20section:860%20edition:prelim) |title=§860. Art. 60. Post-trial processing in general and special courts-martial |access-date=2023-04-04 |publisher=Office of the Law Revision Counsel}}</ref><ref>{{Cite journal |last=Weaver |first=Jacob |date=2020-12-01 |title=Restoring the Power of the Convening Authority to Adjust Sentences |url=https://repository.law.umich.edu/mlr/vol119/iss3/4 |journal=Michigan Law Review |volume=119 |issue=3 |page=621 |doi=10.36644/mlr.119.3.restoring |issn=0026-2234|doi-access=free }}</ref> 

If the sentence, as approved by the convening authority, includes death, a [[bad conduct discharge]], a [[dishonorable discharge]], dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court.<ref name = "CAAF Apell Rev" />  There are four such courts – the [[Army Court of Criminal Appeals]], the [[Navy-Marine Corps Court of Criminal Appeals]], the [[Air Force Court of Criminal Appeals]], and the [[Coast Guard Court of Criminal Appeals]]. 

After review by any of these intermediate courts, the next level of appeal is the [[United States Court of Appeals for the Armed Forces]] (CAAF).<ref name = "CAAF Apell Rev" /><ref>{{UnitedStatesCode|10|869|69d|pipe=Art 69. Review by Judge Advocate General}}</ref> The [[Supreme Court of the United States]] has discretion under {{usc|28|1259}} to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief.<ref name="CRS6OCT08">[http://assets.opencrs.com/rpts/RL34697_20081006.pdf Supreme Court Appellate Jurisdiction Over Military Court Cases] {{webarchive|url=https://web.archive.org/web/20110719173532/http://assets.opencrs.com/rpts/RL34697_20081006.pdf |date=July 19, 2011 }} by Anna C. Henning, Congressional Research Service, October 6, 2008</ref>  If the CAAF denies a [[petition for review]] or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus).<ref name="CAAFAR">[http://www.armfor.uscourts.gov/AppellateRev.htm Appellate Review, CAAF website] {{Webarchive|url=https://web.archive.org/web/20090117191002/http://www.armfor.uscourts.gov/AppellateRev.htm |date=January 17, 2009 }} (retrieved on October 13, 2008)</ref> Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court.  See also [[Equal Justice for United States Military Personnel legislation]].

===Personal jurisdiction===
Within the exceptions below, as codified in Article 2 of the UCMJ, [[personal jurisdiction]] attaches, regardless of the physical global location of the service member, over all members of the [[Uniformed Services of the United States]]: the [[United States Army|Army]], [[United States Marine Corps|Marine Corps]], [[United States Navy|Navy]], [[United States Air Force|Air Force]], [[United States Space Force|Space Force]], [[United States Coast Guard|Coast Guard]], [[National Oceanic and Atmospheric Administration Commissioned Officer Corps|NOAA Commissioned Officer Corps]], and [[United States Public Health Service Commissioned Corps|Public Health Service Commissioned Corps]].<ref name = "UCMJ 802" >{{UnitedStatesCode|10|802|2a|pipe=Art 2. Persons subject to this chapter}}</ref><ref>{{Cite web |url=https://www.armfor.uscourts.gov/newcaaf/digest/IA2.htm |title=First Principles: Jurisdiction: In Personam |access-date=2023-04-04 |publisher=[[United States Court of Appeals for the Armed Forces]]}}</ref> 

While the Coast Guard is administered under Title 14 of the [[United States Code]] when not operating as part of the U.S. Navy, individuals commissioned or enlisted in the Coast Guard are subject to the UCMJ as an armed force.<ref name = "UCMJ 802" /> Commissioned members of the [[NOAA]] and [[United States Public Health Service|PHS]], as [[Uniformed services of the United States|uniformed services]], are only subject to the UCMJ when attached or detailed to a military unit by competent orders, or when militarized by Presidential [[Executive order (United States)|executive order]] during a [[national emergency]] or [[declaration of war]].<ref name = "UCMJ 802" />

Members of the military Reserve Components under [[Title 10 of the United States Code]] ([[United States Army Reserve|Army Reserve]], [[Marine Forces Reserve]], [[United States Navy Reserve|Navy Reserve]], and [[Air Force Reserve Command|Air Force Reserve]]), or [[Title 14 of the United States Code]], [[Coast Guard Reserve]] when not operating as part of the U.S. Navy, are subject to the UCMJ when they are:

# Full-Time Support (FTS) personnel on active duty orders serving pursuant to the authority of 10 USC 10211 or 10 USC 12310, including:
## Army/Air Force "Active Guard and Reserve (AGR),"
## Navy "Full-time Support (FTS),"
## Marine Corps "Active Reserve (AR)," or
## Coast Guard "Reserve Program Administrators (RPA)."<ref>{{Cite web |url=https://www.uscg.mil/opm/Opm3/Opm3docs/OSMS/CG-NAP14.pdf |title=Archived copy |access-date=November 10, 2016 |archive-date=November 10, 2016 |archive-url=https://web.archive.org/web/20161110235417/https://www.uscg.mil/opm/Opm3/Opm3docs/OSMS/CG-NAP14.pdf |url-status=dead }}</ref>
# "Traditional" reservists performing either:
## Full-time active duty service under orders for a specific period, i.e., Annual Training, Active Duty for Training, Active Duty for Operational Support, Active Duty Special Work, Mobilization or Recall to Active Duty, Canvasser Recruiter, etc., or
## Performing part-time Inactive Duty, i.e., Inactive Duty Training, Inactive Duty Travel and Training, Unit Training Assembly, Additional Training Periods, Additional Flying Training Periods, Reserve Management Periods, etc., all of which are colloquially known as "drills."
## Retired Reservists who are either recalled to active duty pursuant to secretarial authority, or who are receiving medical treatment in an armed forces hospital (see below).

[[Army National Guard|Soldiers]] and [[Air National Guard|airmen]] in the [[National Guard of the United States]] are subject to the UCMJ only if activated (mobilized or recalled to active duty) in a federal capacity under Title 10 by an [[Executive order (United States)|executive order]] issued by the [[President of the United States|President]], or during their annual training periods, which are orders issued under Title 10, during which periods of duty they are federalized into the National Guard of the United States.  Otherwise, members of the National Guard are usually exempt from the UCMJ.  However, under [[Title 32 of the United States Code|Title 32]] orders, or State Active Duty orders issued directly under State authority, individual members of the Army National Guard and Air National Guard are still subject to their respective state codes of military justice, which often resemble the UCMJ very closely, and/or their state civil and criminal laws.

Several States also authorize either naval or military organized militia forces. These are collectively known as the [[State defense force|State Guard]].<ref>{{cite web|url=http://iga.in.gov/legislative/laws/2014/ic/titles/010/articles/016/chapters/006/#section-2|title=Indiana Code 2014 - Indiana General Assembly, 2017 Session|first=Indiana General|last=Assembly|access-date=November 29, 2016}}</ref> State Guard organizations are organized, trained, equipped, armed, disciplined, and administered under each State's own sovereign authority, and are not subject to a Federal recall to active duty, nor are the individual members subject to the UCMJ in their capacities as members of the State Guard.  State Guard organizations typically are organized similarly to a military force, and usually report to the senior National Guard officer in each State, known as the Adjutant General. 

In this sense, the State Guard are auxiliaries to each State's Constitutionally authorized organized militia forces, the Army and Air National Guard. The State Guard is often specialized, based on each state's requirements, for missions such as wilderness search and rescue, light aviation, forest firefighting, law enforcement, or general emergency management roles. Under each state's own authorities, State Guard members may be ordered to State Active Duty (SAD), in a status similar to National Guard members in a Title 32 status but solely under state authority and discipline, and also may be provided with the training, equipment, and authority to act as law enforcement officers with powers of arrest. 

Each state sets the requirements to join, remain, be promoted or rewarded, and conditions of employment such as a minimum amount of duty performed in a year, and whether any duty is paid or unpaid, and whether the individuals are covered by various civil service or retirement pension plans. Most State Guard duty is performed without pay, in a volunteer status. While the State Guard organizations are subject to recall to SAD, or other workforce requirements as imposed by their state, they are not subject to either partial or full mobilization authorities under Title 10. 

However, the individual State Guard members often have dual-status as both State Guard ''and'' a federally recognized uniformed services member, such as a [[Texas State Guard]] officer who is also a retired U.S. military officer. Such an individual could be recalled to active duty under both SAD as a State Guard member, or under one of the various authorities to recall retired or reserve military members to active duty (10 USC 688, various 10 USC 123XX authorities, and others), but not both because a federal status trumps a state status. State Guard members could thus be subject to the UCMJ at all times under their federal status, and under specific state military and civil/criminal codes under their state status.

Cadets and midshipmen at the [[United States Military Academy]], [[United States Naval Academy]], [[United States Air Force Academy]], and [[United States Coast Guard Academy]], are subject to the UCMJ at all times because they are in an active duty status as members of the regular component while serving at a Military Service Academy, per Article 2(a)(2) of UCMJ.<ref>{{cite web|url=http://www.ucmj.us/about-the-ucmj|title=About « UCMJ – United States Code of Military Justice|access-date=November 29, 2016}}</ref> Army and Air Force [[Reserve Officers' Training Corps]] (ROTC) cadets are not subject to the UCMJ, except while on inactive or active duty training.<ref>{{Cite court |litigants=Woodrick v. Divich |vol=24 |reporter=M.J. |opinion=147 |pinpoint=150 fn2 |court=[[United States Court of Appeals for the Armed Forces|C.M.A.]] |date=1987 |url=https://cite.case.law/mj/24/147/ |access-date= |quote=Article 2(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 802(a)(2), which includes '[c]adets, aviation cadets, and midshipmen,' applies to cadets at the service academies, but it does not encompass AFROTC cadets.}}</ref> Midshipmen of the [[United States Merchant Marine Academy]] and Navy ROTC (including marine-option) midshipmen are also subject to the UCMJ when on inactive or active duty for training orders.<ref>{{cite web|url=https://www.law.cornell.edu/uscode/text/10/801|title=10 U.S. Code §801. Article 1. Definitions|publisher=Cornell Law School Legal Information Institute|access-date=May 20, 2020}}</ref>

Members of military [[auxiliaries]] such as the [[Civil Air Patrol]] and the [[United States Coast Guard Auxiliary|Coast Guard Auxiliary]] are not subject to the UCMJ, even when participating in missions assigned by the military or other branches of government. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve of the Coast Guard, in which case they become subject to the UCMJ.

Additionally, the following categories of service members are subject to the UCMJ as indicated:<ref>{{cite web|url=https://www.law.cornell.edu/uscode/text/10/802|title=10 U.S. Code §802. Art. 2. Persons subject to this chapter|publisher=Cornell Law School Legal Information Institute|access-date=May 20, 2020}}</ref>

# Retired members of the regular component who are entitled to retirement pay, per Article 2(a)(4) of UCMJ, regardless of the authority under which retired from active service and transferred to the retired list of their respective service's regular component,
# Retired members of the reserve component, whether entitled to retired pay or awaiting retired pay at age 60 as a gray area reserve retiree, who are receiving hospital care from an armed force, per Article 2(a)(5) of UCMJ,
# Members of the Fleet Reserve/Fleet Marine Corps Reserve (FR/FMCR), as enlisted retired Navy or Marine Corps personnel who have not yet served a total of 30 years of combined active, fleet reserve, and retired service, per Article 2(a)(6) of UCMJ.  Both regular component and reserve component enlisted retirees are transferred to the FR/FMCR upon retirement if they have less than 30 total years, but more than 20 cumulative years of active service, and remain subject to the UCMJ in that status until they complete 30 total years of active and fleet reserve service, and are transferred to their respective original Service Retired List (regular component or retired reserve).  The FR/FMCR is not applicable to any officers, any service member retired for disability and transferred to the Temporary or Permanent Disability Retired Lists, nor any enlisted retirees except those of the Navy and Marine Corps as noted above.
# Persons in custody of the U.S. Armed Forces serving a sentence imposed by a court-martial, per Article 2(a)(7) of UCMJ,
# Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces, per Article 2(a)(8) of UCMJ,
# [[Prisoner of war|Prisoners of War (POW)/Enemy Prisoners of War (EPW)]] in the custody of the U.S. Armed Forces, per Article 2(a)(9) of UCMJ, 
# In time of declared war or a contingency operation, persons serving with or accompanying a U.S. armed force in the field, per Article 2(a)(10), and
# Detained [[combat medic|medical personnel]] and [[military chaplain]]s in the custody of the U.S. Armed Forces.

Civilians are not subject to UCMJ.  However, the federal government has exclusive jurisdiction over crimes committed on a military installation.<ref>{{cite web |title=Charged with a Crime on a Military Base? Find Out Why Where it Happened Matters |website=Aviso Law Blog |date=7 November 2018 |url=https://avisolawllc.com/charged-with-a-crime-on-a-military-base/ |accessdate=25 June 2021}}</ref>  A military investigation may be conducted to determine whether or not to prosecute a civilian who commits a crime on a military base.  Civilians are not otherwise subject to military law, even when the crime is committed against a service member.  When a civilian bus driver [[Henry Williams (soldier)|murdered an Army private]] off post in 1942, for example, the post commander was unable to investigate.<ref>{{cite web |title=Henry Williams |website=Civil Rights & Restorative Justice |publisher=[[Northeastern University]] |url=https://repository.library.northeastern.edu/downloads/neu:m0428491z?datastream_id=content |accessdate=23 June 2021}}</ref>

====Military contractors====
Historically, the UCMJ applied to "persons serving with or accompanying an armed force in the field" and thus included [[military contractor]]s "in time of war."<ref name=Hammond>David C. Hammond, [https://www.crowell.com/documents/The-First-Prosecution-of-a-Contractor-Under-the-UCMJ.pdf The First Prosecution of a Contractor Under the UCMJ: Lessons for Service Contractors], ''Service Contractor'' (Fall 2008), pp. 33-34.</ref> In the [[John Warner National Defense Authorization Act for Fiscal Year 2007]], which was enacted in 2006, Congress expanded the UCMJ's applicability to cover contractors during a "declared war or contingency operation."<ref name=Hammond/> The change came following the [[Nisour Square massacre]] perpetrated by Blackwater Security personnel.<ref name=2008Stars>{{cite web|date=April 17, 2008|newspaper=Stars & Stripes|url=https://www.stripes.com/news/hearing-begins-in-contractor-stabbing-case-1.77749|title=Hearing begins in contractor stabbing case}}</ref> 

In 2008, the first contractor was prosecuted under the new provision, marking the first time since 1968 that a contractor had been charged under military law.<ref name=2008Stars/><ref name=ServesTour>{{cite web|date=December 1, 2009|author=Staff Report|title=Former N.C. senator serves tour in Iraq|url=https://www.salisburypost.com/2009/12/01/former-n-c-senator-serves-tour-in-iraq/|newspaper=NC Lawyer|via=Salisbury Post}}</ref> The civilian defendant, a dual Canadian-Iraqi citizen, was charged with stabbing a co-worker, another Iraqi civilian.<ref name=2008Stars/><ref name=ServesTour/> The contractor ultimately pleaded guilty.<ref name=ServesTour/>

===Non-judicial punishment===
{{Main|Nonjudicial punishment}}
Under Article 15 of the Code (Subchapter III), specified military commanders have the authority to exercise [[Nonjudicial punishment|non-judicial punishment]] (NJP) over their subordinates for minor breaches of discipline.<ref>{{UnitedStatesCode|10|815|15|pipe=Art 15. Commanding officer’s non-judicial punishment}}</ref>   These punishments are carried out after a hearing before the commander but without a judge and jury. For enlisted members, punishments are limited to a reduction in rank, loss of pay, restriction of privileges, extra-duty, reprimands, and, aboard ships, confinement. Guidelines for the imposition of NJP are contained in Part V of the ''[[Manual for Courts-Martial]]'' and the various service regulations.<ref name="MCM">{{Cite manual |title=Manual for Courts Martial |publisher=[[Department of Defense]]; [[Library of Congress]] |year=2019 |edition=2019 |location=[[United States]] |chapter=Part V: Non Judicial Punishment Procedure |id=https://hdl.loc.gov/loc.law/llmlp.MCM-2019 |department=}} </ref>

===Complaints of wrongs and loss of property===
The UCMJ provides that any service member may bring a "complaint of wrongs" against their commanding officer to the next senior officer exercising general court-martial authority over their commander.<ref>{{UnitedStatesCode|10|938|138|pipe=Art 138. Complaints of wrongs}}</ref> That officer will investigate the complaint of wrongs, and then report the findings of the investigation to the service Secretary (i.e., Secretary of the [[United States Secretary of the Army|Army]], [[United States Secretary of the Navy|Navy]], [[United States Secretary of the Air Force|Air Force]]) concerned.<ref>{{Cite journal |title=Procedures for Article 138, UCMJ, Complaints |journal=The Army Lawyer |last=Brick |first=Samuel T. |issue=4 |via=[[HeinOnline]] |publisher=[[The Judge Advocate General's Legal Center and School]] |year=1979 |page=3}}</ref> Following said findings an investigation board can be convened to investigate and adjudicate claims of willful damage, destruction, or theft of personal property, only if both parties are subject to the Code.<ref>{{UnitedStatesCode|10|939|139|pipe=Art 139. Redress of injuries to property}}</ref>

==Current subchapters==
The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the [[United States Code]].

{| class=wikitable
|-
! Subchapter !! Title !! Section !! Articles
|-
| style="text-align:center;"| I
| General Provisions
| style="text-align:center;"| {{USCSec|10|801}}
| style="text-align:right;"| 1–6
|-
| style="text-align:center;"| II
| Apprehension and Restraint
| style="text-align:center;"| {{USCSec|10|807}}
| style="text-align:right;"| 7–14
|-
| style="text-align:center;"| III
| [[Nonjudicial punishment|Non-Judicial Punishment]]
| style="text-align:center;"| {{USCSec|10|815}}
| style="text-align:right;"| 15
|-
| style="text-align:center;"| IV
| [[Court-martial|Court-Martial]] [[Jurisdiction]]
| style="text-align:center;"| {{USCSec|10|816}}
| style="text-align:right;"| 16–21
|-
| style="text-align:center;"| V
| Composition of Courts-Martial
| style="text-align:center;"| {{USCSec|10|822}}
| style="text-align:right;"| 22–29
|-
| style="text-align:center;"| VI
| Pre-Trial Procedure
| style="text-align:center;"| {{USCSec|10|830}}
| style="text-align:right;"| 30–35
|-
| style="text-align:center;"| VII
| Trial Procedure
| style="text-align:center;"| {{USCSec|10|836}}
| style="text-align:right;"| 36–54
|-
| style="text-align:center;"| VIII
| Sentences
| style="text-align:center;"| {{USCSec|10|855}}
| style="text-align:right;"| 55–58
|-
| style="text-align:center;"| IX
| Post-Trial Procedure and Review of Courts-Martial
| style="text-align:center;"| {{USCSec|10|859}}
| style="text-align:right;"| 59–76
|-
| style="text-align:center;"| X
| Punitive Articles
| style="text-align:center;"| {{USCSec|10|877}}
| style="text-align:right;"| 77–134
|-
| style="text-align:center;"| XI
| Miscellaneous Provisions
| style="text-align:center;"| {{USCSec|10|935}}
| style="text-align:right;"| 135–140
|-
| style="text-align:center;"| XII
| [[United States Court of Appeals for the Armed Forces|Court of Appeals for the Armed Forces]]
| style="text-align:center;"| {{USCSec|10|941}}
| style="text-align:right;"| 141–146
|}

===General provisions===
Subchapter I, "General Provisions" has six sections (articles):

{| class="wikitable"
|- "
! Section !! Article !! Title
|-
| {{USCSec|10|801}}
| style="text-align:center;"| 1
| Definitions
|-
| {{USCSec|10|802}}
| style="text-align:center;"| 2
| Persons subject to this chapter
|-
| {{USCSec|10|803}}
| style="text-align:center;"| 3
| Jurisdiction to try certain personnel
|-
| {{USCSec|10|804}}
| style="text-align:center;"| 4
| Dismissed officer's right to trial by court-martial
|-
| {{USCSec|10|805}}
| style="text-align:center;"| 5
| Territorial applicability of this chapter
|-
| {{USCSec|10|806}}
| style="text-align:center;"| 6
| Judge advocates and legal officers
|-
| {{USCSec|10|806a}}
| style="text-align:center;"| 6a
| Investigation and disposition of matters pertaining to the fitness of military judges
|}

Article 1 (Definitions), defines the following terms used in the rest of the UCMJ: [[Judge Advocate General's Corps|Judge Advocate General]], the [[United States Navy|Navy]], [[Duty officer|officer in charge]], superior [[Commissioned officer#Commissioned officers|commissioned officer]], [[Cadet#United States|cadet]], [[Midshipman#United States Naval and Merchant Marine Academies|midshipman]], [[Military of the United States|military]], accuser, military judge, law specialist, legal officer, judge advocate, record, [[Classified information in the United States|classified information]], and [[national security]]. This article also provides that, "The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force" for the purposes of the UCMJ.<ref>{{USC|10|801}} Art. 1: Definitions.</ref>

===Pre-trial procedure===
{| class="wikitable"
|- "
! Section !! Article !! Title
|-
| {{USCSec|10|830}}
| style="text-align:center;"| 30
| Charges and specifications
|-
| {{USCSec|10|831}}
| style="text-align:center;"| 31
| Compulsory self-incrimination prohibited
|-
| {{USCSec|10|832}}
| style="text-align:center;"| 32
| Investigation
|-
| {{USCSec|10|833}}
| style="text-align:center;"| 33
| Forwarding of charges
|-
| {{USCSec|10|834}}
| style="text-align:center;"| 34
| Advice of staff judge advocate and reference for trial
|-
| {{USCSec|10|835}}
| style="text-align:center;"| 35
| Service of charges
|}

Under Article 31, coercive [[self-incrimination]] is prohibited as a right under the [[Fifth Amendment to the United States Constitution|Fifth Amendment]]. Apprehending officers utilize the Article 31 warning and waiver to prevent this self-incrimination, much like the [[Miranda warning|''Miranda'' warning]]. Article 31 was already well-established before ''Miranda''.

[[Article 32 hearing|Article 32]] refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a [[Judge Advocate General's Corps|Judge Advocate General]] (JAG) officer or non-JAG officer.

===Punitive articles===
Subchapter X, "Punitive Articles", is the subchapter that details offenses under the uniform code. The 2019 MCM incorporates both major and minor changes to certain articles, and relocates many articles; careful examination of the source document is required to ensure full understanding, and previous "cheat sheets" and training materials may therefore be outdated. Those articles with a title annotated by "*" were changed from the 2016 MCM:

{| class=wikitable
|-
! Section !! Article !! Title
|-
| {{USCSec|10|877}}
| style="text-align:center;"| 77
| [[Principal (criminal law)|Principals]]
|-
| {{USCSec|10|878}}
| style="text-align:center;"| 78
| *[[Accessory (legal term)|Accessory after the fact]]
|-
| {{USCSec|10|879}}
| style="text-align:center;"| 79
| *[[Conviction]] of  offense charged, [[lesser included offense]], and [[attempt (crime)|attempt]]s
|-
| {{USCSec|10|880}}
| style="text-align:center;"| 80
| *[[Attempt]]s
|-
| {{USCSec|10|881}}
| style="text-align:center;"| 81
| [[Conspiracy (crime)|Conspiracy]]
|-
| {{USCSec|10|882}}
| style="text-align:center;"| 82
| *[[Solicitation|Soliciting]] commission of offenses
|-
| {{USCSec|10|883}}
| style="text-align:center;"| 83
| *[[Malingering]]
|-
| {{USCSec|10|884}}
| style="text-align:center;"| 84
| *Breach of medical quarantine
|-
| {{USCSec|10|885}}
| style="text-align:center;"| 85
| [[Desertion]]
|-
| {{USCSec|10|886}}
| style="text-align:center;"| 86
| [[Desertion|Absence without leave]]
|-
| {{USCSec|10|887}}
| style="text-align:center;"| 87
| *[[Desertion|Missing movement]]; jumping from vessel
|-
| {{USCSec|10|887a}}
| style="text-align:center;"| 87a
| *Resistance, flight, breach of arrest, and escape
|-
| {{USCSec|10|887b}}
| style="text-align:center;"| 87b
| *Offenses against correctional custody and restriction
|-
| {{USCSec|10|888}}
| style="text-align:center;"| 88
| [[Contempt toward officials]]
|-
| {{USCSec|10|889}}
| style="text-align:center;"| 89
| *Disrespect toward superior commissioned officer; assault of superior commissioned officer 
|-
| {{USCSec|10|890}}
| style="text-align:center;"| 90
| *Willfully disobeying superior commissioned officer
|-
| {{USCSec|10|891}}
| style="text-align:center;"| 91
| [[Insubordination|Insubordinate conduct]] toward warrant officer, noncommissioned officer, or petty officer
|-
| {{USCSec|10|892}}
| style="text-align:center;"| 92
| Failure to obey order or regulation
|-
| {{USCSec|10|893}}
| style="text-align:center;"| 93
| *Cruelty and maltreatment
|-
| {{USCSec|10|893a}}
| style="text-align:center;"| 93a
| *Prohibited activities with military recruit or trainee by person in position of special trust
|-
| {{USCSec|10|894}}
| style="text-align:center;"| 94
| [[Mutiny]] or [[sedition]]
|-
| {{USCSec|10|895}}
| style="text-align:center;"| 95
| *Offenses by sentinel or lookout
|-
| {{USCSec|10|895a}}
| style="text-align:center;"| 95a
| *Disrespect toward sentinel or lookout
|-
| {{USCSec|10|896}}
| style="text-align:center;"| 96
| *Release of prisoner without proper authority; drinking with prisoner
|-
| {{USCSec|10|897}}
| style="text-align:center;"| 97
| [[False imprisonment|Unlawful detention]]
|-
| {{USCSec|10|898}}
| style="text-align:center;"| 98
| *Misconduct as prisoner
|-
| {{USCSec|10|899}}
| style="text-align:center;"| 99
| [[Cowardice|Misbehavior before the enemy]]
|-
| {{USCSec|10|900}}
| style="text-align:center;"| 100
| Subordinate compelling surrender
|-
| {{USCSec|10|901}}
| style="text-align:center;"| 101
| Improper use of [[Countersign (military)|countersign]]
|-
| {{USCSec|10|902}}
| style="text-align:center;"| 102
| [[Forcing a safeguard]]
|-
| {{USCSec|10|903}}
| style="text-align:center;"| 103
| *[[Espionage|Spies]]
|-
| {{USCSec|10|903a}}
| style="text-align:center;"| 103a
| *[[Espionage]]
|-
| {{USCSec|10|903b}}
| style="text-align:center;"| 103b
| *[[Treason|Aiding the enemy]]
|-
| {{USCSec|10|904}}
| style="text-align:center;"| 104
| *Public records offenses
|-
| {{USCSec|10|904a}}
| style="text-align:center;"| 104a
| *Fraudulent enlistment, appointment, or separation
|-
| {{USCSec|10|904b}}
| style="text-align:center;"| 104b
| *Unlawful enlistment, appointment, or separation
|-
| {{USCSec|10|905}}
| style="text-align:center;"| 105
| *[[Forgery]]
|-
| {{USCSec|10|905a}}
| style="text-align:center;"| 105a
| *False or unauthorized pass offenses
|-
| {{USCSec|10|906}}
| style="text-align:center;"| 106
| *Impersonation of officer, noncommissioned or petty officer, or agent or official
|-
| {{USCSec|10|906a}}
| style="text-align:center;"| 106a
| *Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button
|-
| {{USCSec|10|907}}
| style="text-align:center;"| 107
| *False official statements; false swearing
|-
| {{USCSec|10|907a}}
| style="text-align:center;"| 107a
| *Parole violation
|-
| {{USCSec|10|908}}
| style="text-align:center;"| 108
| *Military property of the United States—Loss, damage, destruction, or wrongful disposition
|-
| {{USCSec|10|908a}}
| style="text-align:center;"| 108a
| *Captured or abandoned property
|-
| {{USCSec|10|909}}
| style="text-align:center;"| 109
| *Property other than military property of United States–Waste, spoilage, or destruction
|-
| {{USCSec|10|909a}}
| style="text-align:center;"| 109a
| *Mail matter: wrongful taking, opening, etc
|-
| {{USCSec|10|910}}
| style="text-align:center;"| 110
| *Improper hazarding of vessel or aircraft
|-
| {{USCSec|10|911}}
| style="text-align:center;"| 111
| *[[Hit and run|Leaving scene of vehicle accident]]
|-
| {{USCSec|10|912}}
| style="text-align:center;"| 112
| *Drunkenness and other incapacitation offenses
|-
| {{USCSec|10|912a}}
| style="text-align:center;"| 112a
| Wrongful use, possession, etc., of controlled substances
|-
| {{USCSec|10|913}}
| style="text-align:center;"| 113
| *[[Driving under the influence|Drunken or reckless operation of a vehicle, aircraft, or vessel]]
|-
| {{USCSec|10|914}}
| style="text-align:center;"| 114
| *Endangerment offenses
|-
| {{USCSec|10|915}}
| style="text-align:center;"| 115
| *Communicating threats
|-
| {{USCSec|10|916}}
| style="text-align:center;"| 116
| [[Riot]] or [[Breach of the peace|breach of peace]]
|-
| {{USCSec|10|917}}
| style="text-align:center;"| 117
| Provoking speeches or gestures
|-
| {{USCSec|10|918}}
| style="text-align:center;"| 118
| *[[Murder]]
|-
| {{USCSec|10|919}}
| style="text-align:center;"| 119
| *[[Manslaughter]]
|-
| {{USCSec|10|919a}}
| style="text-align:center;"| 119a
| *Death or injury of an unborn child
|-
| {{USCSec|10|919b}}
| style="text-align:center;"| 119b
| *Child endangerment
|-
| {{USCSec|10|920}}
| style="text-align:center;"| 120
| *[[Rape]] and [[sexual assault]] generally
|-
| {{USCSec|10|920a}}
| style="text-align:center;"| 120a
| *Mails: deposit of obscene matter
|-
| {{USCSec|10|920b}}
| style="text-align:center;"| 120b
| *Rape and sexual assault of a child
|-
| {{USCSec|10|920c}}
| style="text-align:center;"| 120c
| *Other sexual misconduct
|-
| {{USCSec|10|921}}
| style="text-align:center;"| 121
| *[[Larceny]] and wrongful appropriation
|-
| {{USCSec|10|921a}}
| style="text-align:center;"| 121a
| *Fraudulent use of credit cards, debit cards, and other access devices
|-
| {{USCSec|10|921b}}
| style="text-align:center;"| 121b
| *False pretenses to obtain services
|-
| {{USCSec|10|922}}
| style="text-align:center;"| 122
| *[[Robbery]]
|-
| {{USCSec|10|922a}}
| style="text-align:center;"| 122a
| *Receiving stolen property
|-
| {{USCSec|10|923}}
| style="text-align:center;"| 123
| *Offenses concerning Government computers
|-
| {{USCSec|10|923a}}
| style="text-align:center;"| 123a
| *Making, drawing, or [[uttering]] [[Cheque|check]], draft, or order [[Non-sufficient funds|without sufficient funds]]
|-
| {{USCSec|10|924}}
| style="text-align:center;"| 124
| *Frauds against the United States
|-
| {{USCSec|10|924a}}
| style="text-align:center;"| 124a
| *[[Bribery]]
|-
| {{USCSec|10|924b}}
| style="text-align:center;"| 124b
| *[[Graft (politics)|Graft]]
|-
| {{USCSec|10|925}}
| style="text-align:center;"| 125
| *[[Kidnapping]]
|-
| {{USCSec|10|926}}
| style="text-align:center;"| 126
| *[[Arson]]; burning property with intent to defraud
|-
| {{USCSec|10|927}}
| style="text-align:center;"| 127
| [[Extortion]]
|-
| {{USCSec|10|928}}
| style="text-align:center;"| 128
| *[[Assault]]
|-
| {{USCSec|10|928a}}
| style="text-align:center;"| 128a
| *Maiming
|-
| {{USCSec|10|929}}
| style="text-align:center;"| 129
| *[[Burglary]]; unlawful entry
|-
| {{USCSec|10|930}}
| style="text-align:center;"| 130
| *[[Stalking]]
|-
| {{USCSec|10|931}}
| style="text-align:center;"| 131
| [[Perjury]]
|-
| {{USCSec|10|931a}}
| style="text-align:center;"| 131a
| *Subornation of perjury
|-
| {{USCSec|10|931b}}
| style="text-align:center;"| 131b
| *[[Obstruction of justice|Obstructing justice]]
|-
| {{USCSec|10|931c}}
| style="text-align:center;"| 131c
| *Misprision of serious offense
|-
| {{USCSec|10|931d}}
| style="text-align:center;"| 131d
| *Wrongful refusal to testify
|-
| {{USCSec|10|931e}}
| style="text-align:center;"| 131e
| *Prevention of authorized seizure of property
|-
| {{USCSec|10|931e}}
| style="text-align:center;"| 131f
| *Noncompliance with procedural rules
|-
| {{USCSec|10|931e}}
| style="text-align:center;"| 131g
| *Wrongful interference with adverse administrative proceeding
|-
| {{USCSec|10|932}}
| style="text-align:center;"| 132
| *Retaliation
|-
| {{USCSec|10|933}}
| style="text-align:center;"| 133
| *[[Conduct unbecoming an officer and a gentleman]]
|-
| {{USCSec|10|934}}
| style="text-align:center;"| 134
| *[[General article]]
|}

====General article (Article 134)====
The [[general article]] (Article 134) authorizes the prosecution of offenses not specifically detailed by any other article: "...all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty."<ref>James R. Silkenat and Mark R. Shulman. ''The Imperial Presidency and the Consequences of 9/11: Lawyers React to the Global War on Terrorism'' (2007). Greenwood Publishing Group: p. 193.</ref>

Clause 1 of the article involves disorders and neglect, "...to the prejudice of good order and discipline in the armed forces." Clause 2 involves, "...conduct of a nature to bring discredit upon the armed forces." Clause 3 deals with non-capital offenses violating other [[United States Code|federal law]]; under this clause, any such offense created by [[federal statute]] may be prosecuted under Article 134. ''United States v. Perkins'', 47 C.M.R. 259 (Air Force Ct. of Military Review 1973).<ref>James R. Silkenat and Mark R. Shulman. ''The Imperial Presidency and the Consequences of 9/11: Lawyers React to the Global War on Terrorism'' (2007). Greenwood Publishing Group: p. 193.</ref>

The most recent version of the ''[[Manual for Courts-Martial]]'' lists the following offenses commonly prosecuted under Article 134:<ref>''Manual for Courts-Martial'' (2019 ed.). IV-138 to IV-151, and A17-18.</ref><ref>[https://mymilitarylawyers.com/practice-areas/ucmj-articles/ucmj-article-134-animal-abuse/#:~:text=Service%20members%20convicted%20of%20an%20Article%20134%20violation%20for%20sexual,and%20confinement%20for%205%20years. UCMJ Article 134]</ref>
* Animal abuse
* [[Bigamy]]
* Check, worthless making and uttering – by dishonorably failing to maintain funds
* Child pornography
* Dishonorably failing to pay debt
*[[Disloyal statements|Disloyal statement]]
* Disorderly conduct, drunkenness
* Extramarital sexual conduct
* Discharging firearm through negligence
* Fraternization
* Gambling with subordinate
* Negligent homicide
* Indecent conduct
* Indecent language
* Pandering and prostitution
* Self-injury without intent to avoid service
* Sexual act with an animal
* Straggling
* Visual depiction, nonconsensual distribution or broadcast

==See also==
* [[Judge Advocate General's Corps]]
* ''[[Manual for Courts-Martial]]''
* [[Military law]]
* [[Military tribunal]]
* [[Military courtesy]]
* [[Military expression]]
* [[Laws of war]]
* [[Lieber Code]], Union army during the Civil War
* [[Geneva Conventions]]
* [[Code of Service Discipline]], a [[Canada|Canadian]] equivalent to the UCMJ

==Notes==
{{reflist}}

==Further reading==
* DA Pam 27-9 [https://www.apd.army.mil/pdffiles/p27_9.pdf ''Military Judges Benchbook''] (.PDF).
* [https://www.loc.gov/rr/frd/Military_Law/Military-Law-Review-home.html ''Military Law Review'']. {{ISSN|0026-4040}}. {{oclc|423510314}}.

==External links==
* [https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-47 Uniform Code of Military Justice]
* [https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20(Final)%20(20190108).pdf?ver=2019-01-11-115724-610 Manual for Courts-Martial United States (2019 Edition)] Caution: [[Portable Document Format|PDF]] document.
* [https://www.loc.gov/rr/frd/Military_Law/pdf/morgan.pdf The original version of the MCM from the Library of Congress] Caution: 5.53 MB PDF document.
* {{Internet Archive short film|id=gov.archives.arc.2569601|name=Big Picture: Military Justice}}
* {{Internet Archive short film|id=gov.dod.dimoc.614146|name=50 Years of the Uniform Code of Military Justice (UCMJ) (July 13, 2001)}}

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