The Uniform Code of Military Justice governs the conduct of every active-duty service member, reservist on active orders, and cadet at a military academy. Whether you are stationed at Fort Bragg, deployed to the Pacific, or assigned to a training command in Texas, the UCMJ applies to you 24 hours a day, 365 days a year, regardless of where you are in the world.
This guide covers the fundamentals that every service member should understand before they ever need to use them.
What the UCMJ Actually Is
Congress enacted the UCMJ in 1950 to create a single legal framework for all branches of the military. Before that, the Army, Navy, and other services each operated under separate disciplinary codes. The UCMJ replaced those patchwork systems with one set of rules covering the Army, Air Force, Navy, Marine Corps, Coast Guard, and Space Force.
The UCMJ is federal law, codified at Title 10 of the United States Code, Sections 801 through 946a. The President implements it through Executive Order in the form of the Manual for Courts-Martial, which contains the Rules for Courts-Martial and the Military Rules of Evidence. These documents together form the procedural backbone of military justice.
Congress updates the UCMJ regularly through the National Defense Authorization Act. The pace of amendments has increased significantly in recent years, with major structural changes arriving almost annually since 2017.
The Three Levels of Military Justice
Military discipline operates on three tiers, each with different consequences and procedural protections.
Non-Judicial Punishment (Article 15) is the most common form of military discipline. Commanders can impose NJP for minor offenses without convening a court-martial. Possible punishments include reduction in rank, forfeiture of pay, restriction to base, and extra duty. In the Navy and Marine Corps, NJP is called “Captain’s Mast” or “Admiral’s Mast.” In the Air Force, it is referred to as “Article 15 action.”
Service members have the right to refuse NJP and demand trial by court-martial, except when attached to or embarked on a vessel (Navy and Marine Corps). This is an important right that many service members do not know they have.
Summary Court-Martial handles minor offenses and is the simplest form of court-martial. A single commissioned officer serves as judge, jury, and counsel. Maximum punishments are limited: 30 days of confinement for enlisted members, forfeiture of two-thirds pay for one month, and reduction to the lowest pay grade. An accused can refuse a summary court-martial, in which case the command may refer the charges to a higher court-martial or dispose of the matter through other means.
Special Court-Martial is an intermediate-level court that can try service members for a wide range of offenses. It consists of a military judge and, in some cases, panel members. Punishments can include up to one year of confinement, a bad-conduct discharge, forfeiture of two-thirds pay per month for 12 months, and reduction to the lowest enlisted grade.
General Court-Martial is the most serious level. It can impose any punishment authorized by the UCMJ, including confinement for life, dishonorable discharge, and in certain cases, the death penalty. A general court-martial requires a formal pretrial investigation under Article 32 before charges can be referred.
Major Changes Since 2023
The military justice system has undergone its most significant transformation since the UCMJ’s original enactment. Service members need to understand these changes because they directly affect how cases are handled.
Office of Special Trial Counsel. Beginning December 28, 2023, the Office of Special Trial Counsel (OSTC) assumed exclusive jurisdiction over “covered offenses,” which include sexual assault, murder, manslaughter, kidnapping, domestic violence, stalking, and several other serious crimes. This means military commanders no longer decide whether to prosecute these offenses. Instead, independent military prosecutors within the OSTC make that determination.
This is the most consequential structural change to military justice in decades. For service members accused of covered offenses, the prosecutorial decision now rests with lawyers who are independent from the accused’s chain of command.
Sentencing by Military Judge Alone. For offenses committed after December 27, 2023, sentencing in non-capital cases is determined by the military judge, not the panel members. Previously, the panel that convicted a service member also determined the sentence. Under the new system, the panel decides guilt or innocence, and the judge alone decides the punishment within sentencing parameters established by the President.
Sentencing Parameters. The Manual for Courts-Martial now includes sentencing parameters that establish ranges for different categories of offenses. Military judges must sentence within these parameters unless they find specific reasons to depart from them. This represents a shift toward the structured sentencing systems used in federal civilian courts.
Automatic Appellate Defense. Under the FY2025 NDAA, service members who are convicted at court-martial are now automatically assigned an appellate defense attorney. Previously, service members had to affirmatively request appellate counsel.
Sexual Harassment as a Covered Offense. Effective January 1, 2025, sexual harassment under Article 134 became a covered offense under the OSTC’s jurisdiction, expanding the list from 13 to 14 covered offenses.
Commonly Charged Articles
Several articles of the UCMJ are charged far more frequently than others. Understanding what they cover can help service members recognize when they may be at legal risk.
Article 86 (Absence Without Leave) covers unauthorized absence from a unit, organization, or place of duty. AWOL can range from missing morning formation to desertion, depending on the length and circumstances of the absence. Intent to remain away permanently elevates the charge to desertion under Article 85.
Article 91 (Insubordinate Conduct) prohibits striking, disobeying, or using disrespectful language toward a warrant officer, noncommissioned officer, or petty officer. This article applies only to enlisted members.
Article 92 (Failure to Obey Order or Regulation) is one of the most broadly applied articles. It covers violation of any lawful general order or regulation, failure to obey any lawful order, and dereliction of duty. The breadth of this article means almost any misconduct that violates a command policy can be charged under it.
Article 120 (Sexual Assault) covers rape, sexual assault, aggravated sexual contact, and abusive sexual contact. This is one of the most aggressively prosecuted articles, and cases under Article 120 now fall under the OSTC’s exclusive jurisdiction. The stakes for a conviction are severe: potential lengthy confinement, sex offender registration, and mandatory discharge.
Article 128b (Domestic Violence) was added as a standalone article and is also a covered offense under the OSTC. It includes assault against a spouse, intimate partner, or family member, as well as strangulation offenses.
Article 134 (General Article) serves as a catchall provision that criminalizes conduct prejudicial to good order and discipline or service-discrediting conduct. Specific offenses listed under Article 134 include drunk driving, adultery, communicating threats, and, as of 2022, sexual harassment.
Your Rights When Under Investigation or Charged
Service members have significant legal rights, but these rights only help if you know about them and exercise them.
Right to Remain Silent. Under Article 31 of the UCMJ (the military equivalent of Miranda rights), no person subject to the UCMJ can compel you to incriminate yourself. Before any questioning by military law enforcement or your commander about suspected offenses, you must be informed of the nature of the accusation, advised that you do not have to make any statement, and warned that any statement you make may be used against you.
This right exists before you are charged and before you are read your rights in a formal setting. Many service members make incriminating statements to their first sergeant or commander without realizing that those statements can be used against them. If you are being questioned about potential misconduct, you have the right to say nothing.
Right to Counsel. Once charges are preferred, you are entitled to a military defense counsel at no cost. You also have the right to hire a civilian defense attorney at your own expense. You can have both a military-appointed attorney and a civilian attorney working on your case simultaneously.
Right to an Article 32 Hearing. Before charges can be referred to a general court-martial, you are entitled to a preliminary hearing under Article 32. This hearing is not a trial, but it provides an opportunity for a neutral hearing officer to evaluate the evidence and make a recommendation about whether the charges should proceed. You can present evidence, cross-examine witnesses, and be represented by counsel.
Right to a Speedy Trial. Rule for Courts-Martial 707 generally requires that charges be brought to trial within 120 days of the earlier of preferral of charges or the imposition of pretrial restraint. Violations of this rule can result in dismissal of charges.
What to Do If You Are Under Investigation
The single most important thing you can do if you believe you are under investigation is to exercise your right to remain silent and request legal counsel immediately. Do not attempt to explain your side of the story to investigators, your commander, or your first sergeant without first consulting an attorney.
Visit your installation’s Trial Defense Service (TDS) office. Every military installation has defense attorneys whose sole job is to represent service members facing UCMJ action. These attorneys work for you, not for your command. Their communications with you are protected by attorney-client privilege.
If you are facing serious charges or potential career-ending consequences, you may want to consult a civilian military defense attorney in addition to your appointed military counsel. Civilian attorneys who specialize in military law can provide an independent perspective and additional resources. Firms like Joseph L. Jordan, Attorney at Law have experience defending service members across all branches and duty stations worldwide.
Do not discuss the facts of your case with anyone other than your attorney. Do not post about it on social media. Do not try to contact witnesses or alleged victims. Any of these actions can create additional legal problems.
Administrative Actions Are Not Criminal, But They Can End Your Career
Not all adverse actions under military law involve courts-martial. Administrative actions can be just as damaging to your career, and in some ways more dangerous because they carry fewer procedural protections.
Letters of Reprimand (LOR/GOMOR). A General Officer Memorandum of Reprimand filed in your permanent record can effectively end your chances of promotion and lead to involuntary separation. You have the right to submit a rebuttal, and doing so with the help of an attorney can make a significant difference in whether the reprimand is filed locally or in your permanent record.
Administrative Separation Boards. If the military initiates proceedings to involuntarily separate you, you may be entitled to a board hearing depending on your years of service and the characterization of discharge being considered. Service members with six or more years of service are generally entitled to a hearing before a board of officers, where they can present evidence and call witnesses.
Officer Elimination. Officers facing elimination proceedings have the right to a board of inquiry. The consequences of officer elimination can include loss of retirement benefits if the officer has not yet reached 20 years of service.
Know Your Resources
Every installation provides legal assistance through the Staff Judge Advocate’s office. These offices can help with general legal questions, powers of attorney, wills, and other routine legal matters.
For UCMJ-related matters, the Trial Defense Service operates independently from the command structure. TDS attorneys are your advocates.
The Military OneSource program provides confidential counseling and support services that may be relevant if you are dealing with the stress of a legal situation.
If you are stationed overseas, your legal rights under the UCMJ remain the same, but the practical aspects of your defense may be more complex. Status of Forces Agreements between the United States and host nations can affect jurisdiction in certain situations.
The Bottom Line
The UCMJ gives commanders broad authority to maintain good order and discipline, but it also provides service members with real legal protections. Those protections only work if you exercise them. Know your rights, exercise your right to remain silent when under investigation, and get legal counsel before making any statements or decisions that could affect your career or freedom.
This guide is for general informational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing UCMJ action, consult a qualified military defense attorney for advice tailored to your situation.
Last updated: February 2026
Sources: Uniform Code of Military Justice (10 U.S.C. Sections 801-946a); Manual for Courts-Martial, United States, 2024 Edition; National Defense Authorization Acts for FY2022-2025; Joint Service Committee on Military Justice; American Bar Association Military Justice Reform Report, 2024