Frequently Asked Questions (FAQ) About the UCMJ

Here are answers to common questions service members have about military justice.

Q: What is the difference between military and civilian jurisdiction?
A: Military jurisdiction under the UCMJ applies to service members worldwide for offenses both on and off base. Civilian jurisdiction applies to civilians within specific geographical boundaries. Sometimes, both military and civilian authorities may have jurisdiction over an offense.
Q: Can I refuse a military drug test?
A: Generally, no. Refusing a lawful order to provide a urine sample can itself be a UCMJ violation (e.g., Article 92) with severe consequences, potentially even worse than a positive test. However, the sample collection itself must adhere to strict procedures, and your lawyer can challenge procedural violations.
Q: What happens if I get a civilian DUI/DWI while in the military?
A: A civilian DUI/DWI can lead to serious military action, including UCMJ charges (e.g., Article 111 – Drunken or Reckless Operation of a Vehicle, or Article 134 – General Article), Non-Judicial Punishment (NJP), administrative separation, and impacts on your security clearance and driving privileges on base.
Q: How long does a UCMJ case take?
A: The timeline varies significantly based on the complexity of the case, the type of action (NJP vs. court-martial), and the investigative agency involved. NJP can be resolved in weeks, while a complex General Court-Martial can take many months or even over a year.
Q: Can I lose my retirement benefits if convicted under the UCMJ?
A: Yes. A punitive discharge (Bad-Conduct Discharge or Dishonorable Discharge) from a court-martial conviction will result in the loss of all military retirement pay and benefits. Administrative separations can also impact retirement eligibility if they force you out before vesting.
Q: What is a “punitive discharge” and how is it different from an “administrative separation”?
A: A punitive discharge (Bad-Conduct or Dishonorable Discharge) is a direct result of a court-martial conviction for a criminal offense and results in a federal criminal record. An administrative separation is a non-judicial involuntary discharge, not a criminal conviction, but can still lead to an Other Than Honorable (OTH) discharge with severe negative impacts on benefits and employment.
Q: Do I need a civilian military lawyer if I already have a military-appointed attorney?
A: Many service members choose to retain civilian military counsel in addition to or instead of their military-appointed attorney. Civilian lawyers offer complete independence from the chain of command, often have specialized expertise from focusing solely on military defense, and can dedicate more time and resources to your case.