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10 U.S.C. § 934 (ARMED FORCES)
§ 934. Art. 134. General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
(Aug. 10, 1956, ch. 1041, 70A Stat. 76.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
934
50:728.
May 5, 1950, ch. 169, § 1 (Art. 134), 64 Stat. 142.
The words “shall be” are inserted before the word “punished”.
10 U.S.C. § 935 (ARMED FORCES)
§ 935. Art. 135. Courts of inquiry
(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
(c) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. Any person subject to this chapter or employed by the Department of Defense who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
(Aug. 10, 1956, ch. 1041, 70A Stat. 76.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
935(a)
935(b)
935(c)
50:731(a).
50:731(b).
50:731(c).
May 5, 1950, ch. 169, § 1 (Art. 135), 64 Stat. 143.
935(d)
50:731(d).
935(e)
50:731(e).
935(f)
50:731(f).
935(g)
50:731(g).
935(h)
50:731(h).
In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.
In subsection (b), the word “commissioned” is inserted for clarity. The word “consists” is substituted for the words “shall consist”.
In subsection (c), the word “has” is substituted for the words “shall have”.
In subsection (e), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1.
In subsection (g), the word “may” is substituted for the word “shall”.
In subsection (h), the word “If” is substituted for the words “In case”.
10 U.S.C. § 937 (ARMED FORCES)
§ 937. Art. 137. Articles to be explained
(a)
(1) The sections of this title (articles of the Uniform Code of Military Justice) specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within fourteen days after)—
(A) the member’s initial entrance on active duty; or
(B) the member’s initial entrance into a duty status with a reserve component.
(2) Such sections (articles) shall be explained again—
(A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruit training; and
(B) at the time when the member reenlists.
(3) This subsection applies with respect to sections 802, 803, 807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).
(b) The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the member’s personal examination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99–661, div. A, title VIII, § 804(d), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 104–106, div. A, title XI, § 1152, Feb. 10, 1996, 110 Stat. 468.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
937
50:733.
May 5, 1950, ch. 169, § 1 (Art. 137), 64 Stat. 144.
The word “each” is substituted for the word “every”. The word “member” is substituted for the word “person”. The words “in [any of] the armed forces of the United States” are omitted as surplusage.
heading: References in Text
text: The Uniform Code of Military Justice, referred to in subsecs. (a)(1) and (b), is classified to this chapter.
heading: Amendments
text: 1996—Subsec. (a)(1). Pub. L. 104–106 substituted “within fourteen days” for “within six days”.
1986—Pub. L. 99–661 amended section generally, inserting provisions relating to reserve components.
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title.
10 U.S.C. § 938 (ARMED FORCES)
§ 938. Art. 138. Complaints of wrongs
Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon.
(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
938
50:734.
May 5, 1950, ch. 169, § 1 (Art. 138), 64 Stat. 144.
The words “commanding officer” are substituted for the word “commander”. The word “who” is inserted after the word “and”. The word “commissioned” is inserted after the word “superior” for clarity. The words “The officer exercising general court-martial jurisdiction” are substituted for the words “That officer” for clarity. The word “send” is substituted for the word “transmit”. The word “Secretary” is substituted for the word “Department” for accuracy, since the “Department”, as an entity, could not act upon the complaint.
10 U.S.C. § 939 (ARMED FORCES)
§ 939. Art. 139. Redress of injuries to property
(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the armed forces, he may, under such regulations as the Secretary concerned may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
939(a)
939(b)
50:735(a).
50:735(b).
May 5, 1950, ch. 169, § 1 (Art. 139), 64 Stat. 144.
In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of the Department”. The word “under” is substituted for the words “subject to”. The words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1. The words “it has” are substituted for the words “shall have” in the second sentence. The word “is” is substituted for the words “shall be” before the words “subject” and “conclusive”. The word “commissioned” is inserted for clarity.
In subsection (b), the word “If” is substituted for the word “Where”. The word “considered” is substituted for the word “deemed”.
10 U.S.C. § 940 (ARMED FORCES)
§ 940. Art. 140. Delegation by the President
The President may delegate any authority vested in him under this chapter, and provide for the subdelegation of any such authority.
(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
940
50:736.
May 5, 1950, ch. 169, § 1 (Art. 140), 64 Stat. 145.
The word “may” is substituted for the words “is authorized to * * * to”.
10 U.S.C. § 941 (ARMED FORCES)
§ 941. Art. 141. Status
There is a court of record known as the United States Court of Appeals for the Armed Forces. The court is established under article I of the Constitution. The court is located for administrative purposes only in the Department of Defense.
(Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1570; amended Pub. L. 103–337, div. A, title IX, § 924(a)(2), Oct. 5, 1994, 108 Stat. 2831.)
heading: Amendments
text: 1994—Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
heading: Change of Name
text: Pub. L. 103–337, div. A, title IX, § 924(a)(1), Oct. 5, 1994, 108 Stat. 2831, provided that: “The United States Court of Military Appeals shall hereafter be known and designated as the United States Court of Appeals for the Armed Forces.”
10 U.S.C. § 944 (ARMED FORCES)
§ 944. Art. 144. Procedure
The United States Court of Appeals for the Armed Forces may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum.
(Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1572; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831.)
heading: Amendments
text: 1994—Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
10 U.S.C. § 948c (ARMED FORCES)
§ 948c. Persons subject to military commissions
Any alien unprivileged enemy belligerent is subject to trial by military commission as set forth in this chapter.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.)
heading: Prior Provisions
text: A prior section 948c, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2602, related to persons subject to military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948d (ARMED FORCES)
§ 948d. Jurisdiction of military commissions
A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or the law of war, whether such offense was committed before, on, or after September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.)
heading: Prior Provisions
text: A prior section 948d, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to jurisdiction of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.
A prior section 948e, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, which required the Secretary of Defense to submit an annual report to congressional committees, was omitted in the general amendment of this chapter by Pub. L. 111–84. See section 1806 of Pub. L. 111–84, set out as a note under section 948a of this title.
10 U.S.C. § 948h (ARMED FORCES)
§ 948h. Who may convene military commissions
Military commissions under this chapter may be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.)
heading: Prior Provisions
text: A prior section 948h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may convene military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948i (ARMED FORCES)
§ 948i. Who may serve on military commissions
(a) In General.—
Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.
(b) Detail of Members.—
When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.
(c) Excuse of Members.—
Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.)
heading: Prior Provisions
text: A prior section 948i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948j (ARMED FORCES)
§ 948j. Military judge of a military commission
(a) Detail of Military Judge.—
A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed.
(b) Eligibility.—
A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court, or a member of the bar of the highest court of a State, and who is certified to be qualified for duty under section 826 of this title (article 26 of the Uniform Code of Military Justice) as a military judge of general courts-martial by the Judge Advocate General of the armed force of which such military judge is a member.
(c) Ineligibility of Certain Individuals.—
No person is eligible to act as military judge in a case of a military commission under this chapter if such person is the accuser or a witness or has acted as investigator or a counsel in the same case.
(d) Consultation With Members; Ineligibility to Vote.—
A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in section 949d of this title), trial counsel, and defense counsel, nor may such military judge vote with the members.
(e) Other Duties.—
A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter may perform such other duties as are assigned to such officer by or with the approval of the Judge Advocate General of the armed force of which such officer is a member or the designee of such Judge Advocate General.
(f) Prohibition on Evaluation of Fitness by Convening Authority.—
The convening authority of a military commission under this chapter may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to the military commission which relates to such judge’s performance of duty as a military judge on the military commission.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2577.)
heading: Prior Provisions
text: A prior section 948j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2604, related to military judges of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948l (ARMED FORCES)
§ 948l. Detail or employment of reporters and interpreters
(a) Court Reporters.—
Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter shall detail to or employ for the military commission qualified court reporters, who shall prepare a verbatim record of the proceedings of and testimony taken before the military commission.
(b) Interpreters.—
Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter may detail to or employ for the military commission interpreters who shall interpret for the military commission, and, as necessary, for trial counsel and defense counsel for the military commission, and for the accused.
(c) Transcript; Record.—
The transcript of a military commission under this chapter shall be under the control of the convening authority of the military commission, who shall also be responsible for preparing the record of the proceedings of the military commission.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2578.)
heading: Prior Provisions
text: A prior section 948l, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2605, related to detail or employment of reporters and interpreters, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948m (ARMED FORCES)
§ 948m. Number of members; excuse of members; absent and additional members
(a) Number of Members.—
(1) Except as provided in paragraph (2), a military commission under this chapter shall have at least five members.
(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of members prescribed by section 949m(c) of this title.
(b) Excuse of Members.—
No member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused—
(1) as a result of challenge;
(2) by the military judge for physical disability or other good cause; or
(3) by order of the convening authority for good cause.
(c) Absent and Additional Members.—
Whenever a military commission under this chapter is reduced below the number of members required by subsection (a), the trial may not proceed unless the convening authority details new members sufficient to provide not less than such number. The trial may proceed with the new members present after the recorded evidence previously introduced before the members has been read to the military commission in the presence of the military judge, the accused (except as provided in section 949d of this title), and counsel for both sides.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2579.)
heading: Prior Provisions
text: A prior section 948m, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2606, related to number of members, excuse of members, and absent and additional members of a military commission, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948q (ARMED FORCES)
§ 948q. Charges and specifications
(a) Charges and Specifications.—
Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 47 of this title under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state—
(1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; and
(2) that such matters are true in fact to the best of the signer’s knowledge and belief.
(b) Notice to Accused.—
Upon the swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges and specifications against the accused as soon as practicable.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2579.)
heading: Prior Provisions
text: A prior section 948q, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2606, related to charges and specifications, prior to the general amendment of this chapter by Pub. L. 111–84.