What Is the Manual for Courts-Martial (MCM)?

The Manual for Courts-Martial is the executive order that governs how every branch of the U.S. military investigates, prosecutes, and punishes criminal offenses. The President issues and amends it under authority from the Uniform Code of Military Justice (UCMJ), and the current version is the 2024 edition, built on Executive Order 12473 of 1984 with dozens of amendments since.¹ Its job is to standardize procedure across the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard so a service member accused of a crime in Okinawa faces essentially the same legal framework as one accused at Fort Liberty.

What the Manual Contains

The MCM is organized into five parts, and each one handles a different layer of a military criminal case.

The Preamble establishes the source of military jurisdiction and the purpose of the court-martial system. Part II, the Rules for Courts-Martial (RCM), sets the procedural rules that carry a case from apprehension through sentencing and post-trial action.² Part III, the Military Rules of Evidence (MRE), controls what information a military judge or panel may consider at trial.³ Part IV, the Punitive Articles, defines every criminal offense under military law and the maximum punishment for each.⁴ Part V lays out the non-judicial punishment procedures commanders use to discipline minor misconduct without convening a court-martial.⁵

In practice, a commander dealing with an allegation of assault turns to Part IV for the elements of the offense, Part II for how to move the case forward, Part III for the rules that will govern evidence at trial, and Part V if the misconduct turns out to be minor enough to resolve administratively.

The Punitive Articles

Part IV corresponds to Articles 77 through 134 of the UCMJ, codified at 10 U.S.C. sections 877 through 934.⁴ For each offense, the MCM lists the elements the prosecution must prove and the maximum punishment a court-martial can impose. Recent reforms have added sub-articles like 117a, 120a through 120c, and 128b to address offenses such as wrongful broadcast of intimate images and domestic violence.

Many offenses will look familiar to anyone who knows civilian criminal law: larceny (Article 121), assault (Article 128), and murder (Article 118) all appear here. Others are unique to military life. Desertion under Article 85 carries a potential death sentence in wartime. Absence without leave under Article 86 covers everything from showing up late to formation to disappearing for months. Disrespect toward a superior commissioned officer falls under Article 89.

Article 134, known as the General Article, is a catch-all. It reaches conduct that harms good order and discipline or brings discredit on the armed forces even where no other article addresses it. Prosecutions under Article 134 typically require the government to show a clear connection between the accused’s conduct and military service or discipline, rather than purely private behavior.

The Military Rules of Evidence

The MRE largely mirrors the Federal Rules of Evidence used in civilian federal courts, with adaptations for military life. The biggest differences involve searches and self-incrimination.

A service member generally does not have a reasonable expectation of privacy in government-issued property unless it was issued for personal use. Wall or floor lockers issued to store personal belongings in living quarters usually do qualify for privacy protection, but the outcome depends on the circumstances. Commanders can also authorize searches of people entering or leaving a military installation for security purposes, but those searches cannot be conducted primarily to gather evidence for a court-martial.⁶ The MRE also incorporates Article 31 warnings, the military’s self-incrimination protection.

The Three Types of Courts-Martial

The UCMJ creates three tiers of courts-martial, each with different jurisdictional reach and sentencing power.⁷

General Courts-Martial

A general court-martial handles the most serious offenses and is the only forum that can impose the death penalty, a dishonorable discharge, or dismissal of an officer. It can also adjudge any lesser punishment the President has authorized, including lengthy confinement and total forfeiture of pay. Certain sexual assault offenses can only be tried at this level.⁸ Before a case reaches this forum, it must pass through a preliminary hearing (similar to a civilian grand jury) under Article 32.

Special Courts-Martial

A special court-martial sits in the middle. It can try any noncapital offense but faces hard sentencing caps: no confinement beyond one year, no dishonorable discharge, and pay forfeitures capped at two-thirds per month for no longer than one year. When a military judge sits alone at a special court-martial under certain referral conditions, the limits tighten: no bad-conduct discharge, no more than six months of confinement, and no more than six months of pay forfeiture.⁹

Summary Courts-Martial

A summary court-martial is the lightest forum and, critically, is not a criminal proceeding. A guilty finding here does not count as a criminal conviction. It cannot try officers, cadets, or midshipmen, and the maximum punishment is one month of confinement, 45 days of hard labor without confinement, two months of restriction, or forfeiture of two-thirds of one month’s pay.¹⁰ A service member can refuse to be tried by summary court-martial, in which case the command may refer the charges to a higher forum.

Non-Judicial Punishment: The Article 15 Alternative

Part V of the MCM covers non-judicial punishment (NJP), the process most service members know as “Article 15,” “Captain’s Mast” in the Navy and Coast Guard, or “Office Hours” in the Marine Corps. NJP gives commanders a way to handle minor misconduct quickly without the formality and resource demands of a court-martial.⁵ The maximum penalties (extra duties, pay forfeiture, reduction in rank) depend on the imposing commander’s grade.

The key safeguard: except for personnel attached to or serving aboard a vessel, any service member offered Article 15 can refuse it and demand trial by court-martial instead.¹¹ That is a meaningful choice. Accepting NJP keeps the matter within the command and off a criminal record; refusing it risks a court-martial conviction with heavier consequences. The vessel exception exists because the Navy and Coast Guard historically needed commanders at sea to maintain discipline without waiting for port, though recent Navy guidance has narrowed the exception so that sailors on ships in maintenance or precommissioning status can refuse NJP.

Rights of the Accused

Service members facing military justice keep significant legal protections. The most important is Article 31 of the UCMJ, which predates the civilian Miranda warning by more than a decade. Article 31 prohibits anyone subject to the UCMJ from forcing another person to incriminate themselves.¹²

Before questioning someone suspected of an offense, military investigators and commanders must inform the person of the nature of the accusation, advise them that they are not required to make any statement, and warn them that anything they say can be used against them at a court-martial. Any statement obtained in violation of these requirements, or through coercion or unlawful pressure, is inadmissible at trial. This is where plenty of otherwise solid cases fall apart: a first sergeant who questions a suspect without giving proper Article 31 warnings can taint the entire investigation.

Beyond self-incrimination protections, accused service members have the right to a detailed military defense counsel at no cost, the right to retain civilian counsel at their own expense, the right to present evidence and call witnesses, and the right to a panel (jury) trial at general and special courts-martial.

Rights of Victims

Article 6b of the UCMJ gives crime victims a defined set of rights throughout the process.¹³ A victim is anyone who has suffered direct physical, emotional, or financial harm from an offense under the UCMJ. The rights include:

Reasonable protection from the accused.
Timely notice of preliminary hearings, the court-martial itself, post-trial motions, clemency proceedings, and the release or escape of the accused.
The right not to be excluded from public hearings, unless a judge finds clear and convincing evidence that the victim’s testimony would be materially changed by hearing other witnesses first.
The right to be heard at sentencing and clemency proceedings.
Timely notice of any plea deal or non-prosecution agreement.
Fair treatment and respect for privacy.

A victim who believes a military judge or hearing officer has violated these rights can petition the appropriate Court of Criminal Appeals for a writ of mandamus to enforce them. Each service also provides a Special Victims’ Counsel (or Victims’ Legal Counsel in the Air Force and Space Force) to represent victim interests independently of the prosecution.

Who Decides Whether Serious Cases Go to Trial

One of the most significant recent changes to the military justice system is the creation of Special Trial Counsel. Before this reform, a unit commander controlled whether serious criminal cases went to trial, which created a perception that prosecution decisions were shaped by career relationships and command dynamics. Congress changed that.

Under Article 24a of the UCMJ, special trial counsel now have exclusive authority over “covered offenses,” which include murder, manslaughter, sexual assault, domestic violence, kidnapping, stalking, wrongful distribution of intimate images, and child exploitation, among others.¹⁴ For these offenses, the special trial counsel decides whether to prefer charges, refer the case to a court-martial, negotiate a plea agreement, or decline prosecution. That decision binds the convening authority, and a commander who disagrees cannot override it.¹⁵

If the special trial counsel takes jurisdiction over a covered offense, they can also prosecute any related offenses committed by the same person. If they decline, the commander keeps authority over lesser charges but cannot refer the covered offense itself to a general or special court-martial. Special trial counsel must be judge advocates certified by the Judge Advocate General of their service, and lead special trial counsel must hold the rank of brigadier general or above.

How the Manual Gets Updated

The MCM is amended by executive order. The process starts with the Joint Service Committee on Military Justice (JSC), a panel with representatives from each armed service that conducts an annual review.¹⁶ When Congress changes the UCMJ or courts interpret existing provisions in new ways, the JSC drafts amendments to keep the MCM aligned with current law.

Proposed changes normally must be published in the Federal Register, with at least 60 days for public comment. The JSC also holds a public meeting during the comment period.¹⁷ The Secretary of Defense can waive public notice when a change is needed urgently to keep the manual consistent with new legislation, but that exception is used sparingly. After comments close, the JSC finalizes its recommendations and forwards them through the Department of Defense for presidential approval. The most recent substantive amendments came through Executive Order 14130 in 2024, updating provisions across Parts II through V. As of mid-2025, proposed 2025 amendments were in the public comment phase.¹⁸

1
The American Presidency Project. Executive Order 14130 – 2024 Amendments to the Manual for Courts-Martial, United States
2
Joint Service Committee on Military Justice. Manual for Courts-Martial
3
Joint Service Committee on Military Justice. Manual for Courts-Martial – Part III Military Rules of Evidence
4
Office of the Law Revision Counsel. 10 USC Chapter 47 – Uniform Code of Military Justice, Subchapter X – Punitive Articles
5
Joint Service Committee on Military Justice. Manual for Courts-Martial – Part V Nonjudicial Punishment
6
Joint Service Committee on Military Justice. Manual for Courts-Martial – Part III Military Rules of Evidence
7
Office of the Law Revision Counsel. 10 USC 816 – Art. 16. Courts-Martial Classified
8
Office of the Law Revision Counsel. 10 USC 818 – Art. 18. Jurisdiction of General Courts-Martial
9
Office of the Law Revision Counsel. 10 USC 819 – Art. 19. Jurisdiction of Special Courts-Martial
10
Office of the Law Revision Counsel. 10 USC 820 – Art. 20. Jurisdiction of Summary Courts-Martial
11
Office of the Law Revision Counsel. 10 USC 815 – Art. 15. Commanding Officers Non-Judicial Punishment
12
Office of the Law Revision Counsel. 10 USC 831 – Art. 31. Compulsory Self-Incrimination Prohibited
13
Office of the Law Revision Counsel. 10 USC 806b – Art. 6b. Rights of the Victim of an Offense Under This Chapter
14
Office of the Law Revision Counsel. 10 USC 801 – Art. 1. Definitions
15
Office of the Law Revision Counsel. 10 USC 824a – Art. 24a. Special Trial Counsel
16
Joint Service Committee on Military Justice. About the Joint Service Committee on Military Justice
17
Legal Information Institute. 32 CFR Appendix A to Part 152 – Guidance to the Joint Service Committee
18
Joint Service Committee on Military Justice. Current Publications and Updates