That officer will investigate the complaint of wrongs and then report the findings of the investigation to the service Secretary (e.g., Secretary of the Army, Navy, Air Force) concerned. Article 1 (Definitions), defines the following terms used in the rest of the UCMJ: Judge Advocate General, the Navy, officer in charge, superior commissioned officer, cadet, midshipman, military, accuser, military judge, law specialist, legal officer, judge advocate, record, classified information, and national security.
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). 604), its naval counterpart remained little changed by comparison. 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.
While the Articles of War evolved during the first half of the twentieth century, being amended in 1916, 1920, and culminating with the substantial reforms in the 1948 version pursuant to the Selective Service Act of 1948 (a/k/a the Elston Act) (Pub. The military justice system continued to operate under the Articles of War and Articles for the Government of the Navy until , when the Uniform Code of Military Justice went into effect. 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. 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.
Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment.
Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning.
Guidelines for the imposition of NJP are contained in Part V of the Manual for Courts-Martial United States and the various service regulations. § 939) provides for the convening of an investigation board of from one to three commissioned officers to investigate and adjudicate claims of willful damage, destruction, or theft of personal property, only if both parties are subject to the Code.
Article 138 of the UCMJ provides that any service member may bring a complaint of wrongs against their commanding officer to the officer exercising general court-martial authority over the commander. The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code.
Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are subject to the UCMJ at all times because they are in an active duty status while at a Military Service Academy.
Members of military auxiliaries such as the Civil Air Patrol and the 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, in which case they become subject to the UCMJ.