Timeline of a UCMJ Case: From Incident to Resolution
Understanding the chronological progression of a UCMJ case helps service members know what to expect and when to act.
- Incident/Allegation: Misconduct or alleged offense occurs and is reported.
- Initial Investigation: Chain of command or criminal investigative agencies (CID, NCIS, OSI) gather facts. Service member should invoke Article 31b rights if suspected.
- Commander’s Decision/Disposition: Commander decides whether to take no action, issue non-punitive measures (e.g., counseling), offer NJP, or recommend court-martial.
- Preferral of Charges: Formal accusation on a charge sheet if court-martial is pursued.
- Pre-Trial Confinement (Possible): Service member may be confined if flight risk or danger.
- Article 32 Hearing (General Court-Martial only): Preliminary hearing to review evidence and recommend disposition.
- Referral of Charges: Convening Authority decides to send charges to a specific type of court-martial.
- Pre-Trial Motions: Defense and prosecution file motions with the military judge (e.g., to suppress evidence).
- Court-Martial Trial: Formal trial proceeds (voir dire, opening statements, presentation of evidence, closing arguments, findings).
- Sentencing (if convicted): Immediate phase where punishment is determined.
- Convening Authority Action/Clemency: Convening Authority reviews the case and may approve, disapprove, or reduce findings/sentence.
- Appellate Review: Cases with significant sentences are reviewed by military appellate courts (service-specific, then CAAF, rarely U.S. Supreme Court).
- Discharge Upgrades/Corrections Boards: Post-appeal avenues for modifying discharge characterization or correcting records (DRBs, BCMRs).