Military Offenses

The military law upon which disciplinary actions are based is the Uniform Code of Military Justice (U.C.M.J.). This can be found at 10 U.S.C. Chapter 47. It can also be found in Appendix 2 of the Manual for Courts-Martial (M.C.M.), which is the guide for conducting military court-martial trials.

Because of political meddling in the military justice system, the U.C.M.J. and associated military justice procedural rules (M.C.M., R.C.M., M.R.E., service specific regulations) are constantly changing, and it is vital that attorneys keep updated on the latest military law changes. In the last five years, dramatic changes have taken place regarding military criminal investigations, Article 32 hearings, clemency, complainant’s rights, etc.

Among other sections, the M.C.M. contains:

(Part II): The Rules for Courts-Martial (R.C.M.). These are the procedural rules for conducting a court-martial.

(Part III): The Military Rules of Evidence (M.R.E.). These are the rules regarding admissibility of evidence and testimony at trial.

(Part IV): The Punitive Articles. These are the provisions of the U.C.M.J. that describe offenses under the Code. The punitive articles are Articles 77-134.

(Part V): NonJudicial Punishment Procedure. This is the guide for imposing punishment under Article 15 U.C.M.J. Depending on the service branch, this disciplinary action is referred to as “Article 15” or “NJP” or “Captain’s Mast” or “Office Hours.” In addition to this provision of the M.C.M., the service branches have their own regulations further describing their NonJudicial Punishment procedures.

The following are just some of the military offenses we defend military members against:

• Murder, Manslaughter, Homicide [U.C.M.J. Articles 118, 119, 119a, 134]
• “War Crimes”
• National Security Cases [M.R.E. 505]
• Rape, Sexual Assault and Sodomy [U.C.M.J. Articles 120, 125]
• Consensual Sex Offenses (Fraternization, Adultery) [U.C.M.J. Article 134]
• Computer Crimes (Pornography) [U.C.M.J. Articles 92, 134]
• Drug Offenses [U.C.M.J. Article 112a]
• Larceny, Wrongful Appropriation, Fraud (Travel Vouchers) [U.C.M.J. Articles 121-123a]