A military court-martial is a federal criminal trial conducted under the Uniform Code of Military Justice (UCMJ), and a conviction carries real prison time, loss of pay and rank, a punitive discharge, and long-term consequences that follow a service member into civilian life. The system uses three tiers of trial, each with different procedures and sentencing limits, and the most serious tier can impose punishments up to and including death. Beginning in December 2023, prosecution decisions for the most serious offenses moved out of the chain of command and into the hands of independent military prosecutors.
Who Can Be Tried by Court-Martial
Article 2 of the UCMJ, codified at 10 U.S.C. §§ 801–946, defines who falls under military criminal jurisdiction. Active-duty members of the Army, Navy, Air Force, Marine Corps, and Space Force are covered, along with cadets and midshipmen at the service academies.1Office of the Law Revision Counsel. 10 U.S.C. Chapter 47 – Uniform Code of Military Justice
Retirement does not always end jurisdiction. Regular-component retirees entitled to pay remain subject to the UCMJ under Article 2(a)(4), and members of the Fleet Reserve or Fleet Marine Corps Reserve fall under Article 2(a)(6).1Office of the Law Revision Counsel. 10 U.S.C. Chapter 47 – Uniform Code of Military Justice Reservists on inactive-duty training can be court-martialed for offenses committed during that training.
Certain civilians can also be tried. Under Article 2(a)(10), civilian contractors and other persons serving with or accompanying the armed forces overseas may be prosecuted by court-martial during a declared war or contingency operation. The Department of Justice has the first opportunity to prosecute, and military commanders must notify DOJ before charging; if DOJ declines, the military can proceed when the conduct threatens good order and discipline or discredits the armed forces.2Department of Justice. UCMJ Jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations
The UCMJ follows the service member wherever they go. A soldier stationed stateside and one deployed abroad are covered by the same federal statute.
The Three Types of Court-Martial
The military uses three forums to try criminal cases, and the choice of forum sets the ceiling on what can happen to the accused. Recent reforms that took effect in late 2023 changed panel sizes, so older references may not reflect current rules.
Summary Court-Martial
A summary court-martial is the least formal proceeding and handles only minor offenses. A single commissioned officer serves as judge, factfinder, and counsel-advisor. Only enlisted members can be tried this way, and any accused member has the right to refuse the forum.3Department of Defense. SCM Interim Policy Changes Refusing typically pushes the charges to a special or general court-martial, where the stakes and the protections both rise.
Maximum punishments differ by rank. For E-4 and below, a summary court-martial can impose one month of confinement, 45 days of hard labor without confinement or 60 days of restriction, forfeiture of two-thirds pay for one month, and reduction to the lowest pay grade. For E-5 and above, the maximums are 60 days of restriction, forfeiture of two-thirds pay for one month, and reduction by one pay grade only. Senior enlisted members cannot be confined at a summary court-martial. A conviction here does not count as a criminal conviction the way a general or special court-martial does, but it can still support administrative separation or a bar to reenlistment.3Department of Defense. SCM Interim Policy Changes
Special Court-Martial
A special court-martial handles intermediate offenses and is roughly comparable to a civilian misdemeanor trial, though it can impose up to one year of confinement. The panel is a military judge and four members, or a military judge alone.4Office of the Law Revision Counsel. 10 U.S. Code 816 – Art. 16. Courts-Martial Classified
A special court-martial cannot impose death, a dishonorable discharge, a dismissal, or confinement longer than one year. It can impose a bad-conduct discharge when tried before a panel with members. If a military judge sits alone, the judge cannot award a bad-conduct discharge or confinement beyond six months.5Office of the Law Revision Counsel. 10 U.S.C. 819 – Art. 19. Jurisdiction of Special Courts-Martial
General Court-Martial
A general court-martial is the most serious forum and has jurisdiction over any UCMJ offense, including those punishable by death.6Office of the Law Revision Counsel. 10 U.S.C. 818 – Art. 18. Jurisdiction of General Courts-Martial The standard panel is a military judge and eight members. Capital cases use a separate panel size set by Article 25a. The accused can request trial by military judge alone, except when the death penalty is on the table.4Office of the Law Revision Counsel. 10 U.S. Code 816 – Art. 16. Courts-Martial Classified
Certain offenses can only be tried at a general court-martial, including sexual assault, sexual abuse of a child, and attempts to commit those offenses. A general court-martial can impose any punishment the UCMJ authorizes for the offense, up to death, life imprisonment, a dishonorable discharge, or dismissal of an officer.6Office of the Law Revision Counsel. 10 U.S.C. 818 – Art. 18. Jurisdiction of General Courts-Martial
Nonjudicial Punishment and the Right to Refuse
Not every allegation ends up at a court-martial. For minor misconduct, commanders can use nonjudicial punishment under Article 15 of the UCMJ, known as “Article 15” in the Army and Air Force, “Captain’s Mast” in the Navy and Coast Guard, and “Office Hours” in the Marine Corps.7Office of the Law Revision Counsel. 10 U.S.C. 815 – Art. 15. Commanding Officers Non-Judicial Punishment The available punishments depend on the commander’s rank and whether the accused is an officer or enlisted. A field-grade commander can impose on enlisted personnel up to 30 days of correctional custody, forfeiture of half a month’s pay for two months, reduction in rank, and extra duties for up to 45 days.
Except for personnel attached to or embarked on a vessel, any service member can refuse nonjudicial punishment and demand trial by court-martial instead.7Office of the Law Revision Counsel. 10 U.S.C. 815 – Art. 15. Commanding Officers Non-Judicial Punishment The right matters, but exercising it is a gamble: a court-martial can impose far heavier penalties than any Article 15, and refusing does not make the charges go away.
How Charges Move From Allegation to Trial
The formal process starts when someone with knowledge of the offense signs a charge sheet under oath. Article 30 requires that charges be preferred in writing and sworn, listing each UCMJ article allegedly violated along with the facts.8Office of the Law Revision Counsel. 10 U.S.C. 830 – Art. 30. Charges and Specifications
For cases headed to a general court-martial, an Article 32 preliminary hearing must occur before charges can be referred to trial. An investigating officer reviews the evidence, hears witnesses, and reports on whether probable cause supports the charges and where the case should go. The hearing is not a trial; the rules of evidence are relaxed, and the defense can cross-examine witnesses and present evidence. Victims have the right to be heard, either personally or through counsel.9eCFR. 32 CFR Part 114 – Victim and Witness Assistance
The Office of Special Trial Counsel
Since December 2023, prosecution authority for the most serious offenses has moved out of the chain of command. Under Article 24a, the Special Trial Counsel has exclusive authority to decide whether a reported offense qualifies as a “covered offense” and how to dispose of it.10Office of the Law Revision Counsel. 10 U.S.C. 824a – Art. 24a. Special Trial Counsel Covered offenses include murder, sexual assault, domestic violence, child abuse, kidnapping, and related crimes. For these offenses, Special Trial Counsel alone decides whether to refer charges, enter a plea agreement, or dismiss. By statute, Special Trial Counsel and their staff operate independently of both the victim’s and the accused’s chain of command, free from unlawful influence.11Office of the Law Revision Counsel. 10 U.S. Code 1044f – Policies With Respect to Special Trial Counsel Commanders keep authority over offenses that are not covered offenses.
Rights of the Accused
Warnings and the Right to Remain Silent
Article 31 of the UCMJ prohibits compulsory self-incrimination and requires specific warnings before any questioning. Before interrogating a suspect, the questioner must state the nature of the accusation, advise the person that they are not required to make any statement, and warn that anything said may be used as evidence at a court-martial.12Office of the Law Revision Counsel. 10 U.S.C. 831 – Art. 31. Compulsory Self-Incrimination Prohibited These protections predate the Supreme Court’s 1966 Miranda decision by more than a decade. Any statement obtained without the warnings, or through coercion, is inadmissible. The rule applies to questioning by anyone subject to the UCMJ; a squad leader pulling a soldier aside about suspected drug use is covered just as much as a formal interrogation room.
Right to Counsel
At a general or special court-martial, the accused is entitled to a detailed military defense attorney at no cost.13Office of the Law Revision Counsel. 10 U.S. Code 827 – Art. 27. Detail of Trial Counsel and Defense Counsel For general courts-martial, that attorney must be a judge advocate certified by the Judge Advocate General. The accused can also request a specific military attorney, who will be assigned if reasonably available, and can hire civilian defense counsel at their own expense.14Office of the Law Revision Counsel. 10 U.S.C. 838 – Art. 38. Duties of Trial Counsel and Defense Counsel When a civilian attorney is retained, the military defense counsel stays on as associate counsel unless excused.
Victims of alleged sex-related offenses are eligible for a Special Victims’ Counsel (or Victims’ Legal Counsel), who can accompany or represent the victim through the investigation and prosecution, including at the Article 32 hearing.9eCFR. 32 CFR Part 114 – Victim and Witness Assistance
Verdicts and the Three-Fourths Rule
Military panels do not require unanimity to convict. Under Article 52, a conviction at a general or special court-martial with members requires the agreement of at least three-fourths of the panel, and the same threshold applies to sentencing.15Office of the Law Revision Counsel. 10 U.S.C. 852 – Art. 52. Votes Required for Conviction and Sentencing Court-martial defendants do not have a constitutional right to a unanimous verdict, a position the Court of Appeals for the Armed Forces has reaffirmed.16United States Court of Appeals for the Armed Forces. Digest of Opinions – IV.B.6. Findings and Sentence The one exception is capital cases: a death sentence requires unanimous findings of guilt on a death-eligible offense and a unanimous determination that the sentence should include death.
Plea Agreements
Most cases resolve through negotiation. Under Article 53a, the accused and the convening authority (or Special Trial Counsel, for covered offenses) can enter a plea agreement at any time before findings are announced.17Office of the Law Revision Counsel. 10 U.S. Code 853a – Art. 53a. Plea Agreements The military judge must review and accept any agreement but cannot participate in the negotiation. The judge can reject a deal that includes terms the accused doesn’t understand, a sentence below a mandatory minimum, or a sentence that is plainly unreasonable. Once accepted, the agreement binds the accused, the convening authority, and the court-martial.
Sentences and Long-Term Consequences
What a court-martial can do to a defendant depends on the forum. Summary courts-martial are limited as described above. Special courts-martial can reach up to one year of confinement, a bad-conduct discharge, and forfeiture of two-thirds pay for up to one year. General courts-martial can impose any lawful punishment, up to death for offenses that specifically authorize it.
Common punishments at general and special courts-martial include:
- Confinement in a military brig or prison, from months to life depending on the offense.
- Partial or total forfeiture of pay and allowances for a specified period.
- Reduction in rank, including to the lowest pay grade for enlisted members.
- A punitive discharge: a bad-conduct discharge at a special or general court-martial, or a dishonorable discharge at a general court-martial, for enlisted members.
- Dismissal, the officer equivalent of a dishonorable discharge, imposed only at a general court-martial.
What a Punitive Discharge Costs a Veteran
The type of discharge shapes the rest of a service member’s life. VA benefits eligibility generally requires a discharge under conditions other than dishonorable.18U.S. Department of Veterans Affairs. Applying for Benefits and Your Character of Discharge A dishonorable discharge effectively bars access to VA healthcare, education benefits, home loan guarantees, and disability compensation.
A bad-conduct discharge does not automatically disqualify a veteran from all VA benefits, but it triggers a case-by-case review of the circumstances. A regulation that took effect in June 2024 expanded access to VA care for certain veterans discharged under other-than-honorable conditions, including those separated by special court-martial, through a “compelling circumstances” exception.18U.S. Department of Veterans Affairs. Applying for Benefits and Your Character of Discharge
Beyond VA benefits, a general court-martial conviction is a federal criminal conviction. That affects civilian employment, professional licensing, firearm ownership, and voting eligibility depending on state law.
Appeals After a Conviction
A conviction is not always the last word. The path depends on the sentence.
Each branch operates a Court of Criminal Appeals that automatically reviews any court-martial resulting in death, dismissal of an officer, a dishonorable or bad-conduct discharge, or confinement of two years or more.19Office of the Law Revision Counsel. 10 U.S.C. 866 – Art. 66. Courts of Criminal Appeals These courts review both the legal and factual sufficiency of a conviction, a broader scope than most civilian appellate courts.
Above the service courts sits the United States Court of Appeals for the Armed Forces, a civilian court of five judges appointed by the President and confirmed by the Senate. It reviews all cases where a death sentence was affirmed, cases certified by a Judge Advocate General, and cases where it has granted review on petition from the accused.20Legal Information Institute. United States Court of Appeals for the Armed Forces (USCAAF) From there, a case can reach the U.S. Supreme Court.
Convictions below the automatic-review threshold still have a remedy. The accused can apply to the Judge Advocate General within one year after the initial post-trial process. For summary courts-martial, the JAG can modify or set aside the findings and sentence. For general or special courts-martial, the JAG can send the case to a Court of Criminal Appeals.21Office of the Law Revision Counsel. 10 U.S. Code 869 – Art. 69. Review by Judge Advocate General Grounds include newly discovered evidence, fraud on the court, lack of jurisdiction, and errors that prejudiced the accused’s rights. Even with extensions for good cause, no application will be considered if filed more than three years after the original deadline. Missing that window permanently forecloses this route, which is why prompt consultation with defense counsel after conviction matters.