A court-martial is the military’s version of a criminal trial, used to prosecute service members accused of violating the Uniform Code of Military Justice (UCMJ). It is a federal criminal proceeding, not an administrative one, and a conviction produces a federal criminal record. Depending on the level of court-martial and the offense, the outcome can range from a reduction in rank or forfeiture of pay to a punitive discharge, life imprisonment, or, in rare cases, death.
The UCMJ is the body of federal criminal law Congress wrote specifically for the armed forces, codified in Chapter 47 of Title 10 of the United States Code. It applies uniformly across every branch, which is why a soldier, sailor, airman, Marine, Coast Guardsman, or Guardian faces the same code of offenses and the same trial system.
Who Is Subject to a Court-Martial
Article 2 of the UCMJ defines who falls under military criminal jurisdiction. Active-duty members of every branch are covered from the moment they enlist or accept a commission until discharge.1Joint Service Committee on Military Justice. Uniform Code of Military Justice – Art. 2. Persons Subject to This Chapter
Reservists are subject to the UCMJ during inactive-duty training. National Guard members answer to it when they are in a federal status (typically Title 10 orders); when activated under state authority, they fall under their state’s military code instead. Retirees from a regular component who still draw military pay remain subject to court-martial jurisdiction, and retired reservists can be subject to it if hospitalized in a military facility. Civilians serving with or accompanying the armed forces in the field can also be tried by court-martial, but only during a declared war or contingency operation.1Joint Service Committee on Military Justice. Uniform Code of Military Justice – Art. 2. Persons Subject to This Chapter
The Three Levels of Court-Martial
There are three types of court-martial. The level determines the size of the panel, the range of offenses tried, and the maximum punishment available.
Summary Court-Martial
A summary court-martial handles minor offenses through a streamlined process. A single commissioned officer acts as judge, factfinder, and counsel. Only enlisted members can be tried at this level.
For junior enlisted members (E-4 and below), the maximum punishment includes confinement for one month, hard labor without confinement for 45 days, restriction for two months, forfeiture of two-thirds of one month’s pay, and reduction to the lowest enlisted grade. For E-5 and above, confinement and hard labor are off the table, but the court can still impose restriction and reduce the member by one pay grade.2U.S. Army Trial Defense Service. Summary Courts-Martial Information
You have the right to refuse a summary court-martial. That doesn’t make the charges disappear. The command can refer the case to a special or general court-martial instead, where the exposure is far greater.
Special Court-Martial
A special court-martial handles intermediate offenses, comparable in seriousness to civilian misdemeanor proceedings. Under current law it consists of a military judge and four panel members, or a military judge alone if the accused requests it and the judge approves.3Office of the Law Revision Counsel. 10 U.S. Code 816 – Art. 16. Courts-Martial Classified
Maximum punishments include confinement for up to one year, forfeiture of two-thirds pay per month for up to one year, and a bad-conduct discharge. A dishonorable discharge, dismissal, or death sentence cannot be imposed at this level. When a case proceeds before a judge alone without the accused requesting it, the cap drops to six months of confinement and six months of forfeitures, with no bad-conduct discharge available.4Office of the Law Revision Counsel. 10 U.S. Code 819 – Art. 19. Jurisdiction of Special Courts-Martial
General Court-Martial
A general court-martial is the military’s felony-level trial. It consists of a military judge and eight panel members, or a military judge alone if the accused requests it. In a capital case the number of members is set separately under Article 25a.3Office of the Law Revision Counsel. 10 U.S. Code 816 – Art. 16. Courts-Martial Classified
A general court-martial can impose any punishment the UCMJ authorizes, including a dishonorable discharge, dismissal of a commissioned officer, life imprisonment, and the death penalty where the code specifically authorizes it for the offense charged.5Office of the Law Revision Counsel. 10 U.S. Code 818 – Art. 18. Jurisdiction of General Courts-Martial
Two punitive discharge terms come up often, and the difference matters. A bad-conduct discharge can come from either a special or general court-martial and signals serious misconduct. A dishonorable discharge can only come from a general court-martial, functions as the military’s equivalent of a felony conviction, and triggers a federal prohibition on possessing firearms.6Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts For officers, the equivalent is dismissal, with similar collateral consequences.
Court-Martial vs. Non-Judicial Punishment
Not every UCMJ violation goes to trial. For less serious misconduct, commanders can offer non-judicial punishment under Article 15. The commander decides whether the service member committed the offense and imposes any penalty. Article 15 penalties are lighter than what any court-martial could impose, and a finding under Article 15 is not a federal criminal conviction.7Barksdale Air Force Base. Area Defense Counsel – Article 15
Accepting an Article 15 is not an admission of guilt. It is a choice of forum. In most cases, service members not attached to a vessel can refuse the Article 15 and demand trial by court-martial. That refusal carries real risk: court-martial punishments are almost always more severe, and a conviction produces a permanent federal criminal record.7Barksdale Air Force Base. Area Defense Counsel – Article 15
How a Court-Martial Proceeds
The process starts when a command becomes aware of alleged misconduct. An investigation follows. This may be an informal commander’s inquiry or a full criminal investigation by an agency like the Army’s Criminal Investigation Division or the Naval Criminal Investigative Service. If the evidence supports it, charges are formally “preferred” when a person subject to the UCMJ swears under oath that the accused committed specific offenses.
Before any case can be referred to a general court-martial, an Article 32 preliminary hearing is required. An impartial hearing officer examines the evidence to decide whether probable cause exists to believe the accused committed the charged offenses, reviews whether the charges are in proper form, and recommends how the case should be disposed of.8Office of the Law Revision Counsel. 10 U.S. Code 832 – Art. 32. Preliminary Hearing Required Before Referral to General Court-Martial This hearing is not required for special or summary courts-martial.
After the preliminary hearing, or after charges are preferred in non-general cases, a convening authority decides whether to refer the case to a court-martial and at what level. For certain serious offenses, including murder, sexual assault, domestic violence, child abuse, and kidnapping, referral is now controlled by an independent Office of Special Trial Counsel within each service rather than by commanders.9United States Army. Army Office of Special Trial Counsel
The trial itself will feel familiar to anyone who has watched a civilian criminal proceeding. It opens with arraignment and a plea. If the accused pleads not guilty, both sides present evidence, examine witnesses, and argue the case. A military judge or the panel then decides guilt or innocence. On a guilty finding, the case moves to a sentencing phase within the limits the UCMJ sets for that court’s level.
How Verdicts Differ From Civilian Trials
The most significant procedural difference is the vote required for conviction. Civilian federal and state juries must be unanimous. A court-martial panel convicts on the agreement of three-fourths of the members present, and the same three-fourths threshold governs sentencing.10Office of the Law Revision Counsel. 10 U.S. Code 852 – Art. 52. Votes Required for Conviction, Sentencing, and Other Matters
Capital cases are the exception. A death sentence requires a unanimous guilty finding on a capital offense and a unanimous determination by all members that the sentence should be death.10Office of the Law Revision Counsel. 10 U.S. Code 852 – Art. 52. Votes Required for Conviction, Sentencing, and Other Matters
The panel itself also looks different from a civilian jury. Members are military personnel selected by the convening authority, not civilians drawn from voter rolls. An enlisted accused can request that at least one-third of the panel be enlisted members. Officers are always tried by panels composed entirely of officers.
Right to a Defense Attorney
Every service member facing a general or special court-martial is entitled to a military defense attorney at no cost. These attorneys are judge advocates, licensed lawyers who are also military officers, certified as competent to serve in that role by their branch’s Judge Advocate General.11Office of the Law Revision Counsel. 10 U.S. Code 827 – Art. 27. Detail of Trial Counsel and Defense Counsel
You can also hire a civilian attorney at your own expense. If you do, your military defense counsel can stay on the team or be released at your choice. In capital cases, at least one defense counsel must have specialized experience in death-penalty litigation, and a civilian attorney filling that role can be compensated by the Department of Defense.11Office of the Law Revision Counsel. 10 U.S. Code 827 – Art. 27. Detail of Trial Counsel and Defense Counsel
Appeals
The military has its own appellate courts, separate from the federal civilian court system. Certain serious convictions receive automatic review by a Court of Criminal Appeals (each service branch has one). Automatic review applies when the sentence includes death, dismissal of an officer, a dishonorable or bad-conduct discharge, or confinement for two years or more.12Office of the Law Revision Counsel. 10 U.S. Code 866 – Art. 66. Courts of Criminal Appeals
From there, certain cases can go to the Court of Appeals for the Armed Forces (CAAF), a civilian court of five judges appointed by the President.13Office of the Law Revision Counsel. 10 U.S. Code 867 – Art. 67. Review by the Court of Appeals for the Armed Forces CAAF must review any case where the sentence as affirmed extends to death and has discretion to grant review on petition in other cases. After CAAF, the final step is a petition for certiorari to the United States Supreme Court. For convictions that don’t qualify for automatic appellate review, the accused can still submit the case to the Judge Advocate General of their branch for review.
Long-Term Consequences of a Conviction
A court-martial conviction is a federal criminal conviction, and it follows you into civilian life. It shows up on background checks and can affect employment, professional licensing, and housing. That is true even for offenses unique to the military, like being absent without leave or failing to obey an order.
Several convictions carry consequences that service members often don’t anticipate:
- Federal law prohibits anyone who received a dishonorable discharge from possessing firearms or ammunition. Any court-martial conviction for a domestic violence offense, even a misdemeanor-level one, triggers a separate lifetime firearm ban under the Lautenberg Amendment.6Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
- Convictions for certain sexual offenses under the UCMJ require registration as a sex offender under the Sex Offender Registration and Notification Act (SORNA). The Department of Defense maintains a list of qualifying offenses, and jurisdictions across the country include those military convictions in their registration programs.14Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Military Convictions Under SORNA
- A dishonorable discharge generally disqualifies a veteran from VA benefits, including healthcare, education assistance, and home loan guarantees. A bad-conduct discharge does not automatically disqualify you, but the VA evaluates eligibility case by case.
These consequences are permanent unless the conviction is overturned on appeal or the discharge is later upgraded through the service branch’s discharge review process. The contrast with non-judicial punishment is sharp: an Article 15 finding, however unpleasant within your career, does not produce a criminal record and does not carry any of these collateral consequences.