Uniform Code of Military Justice The Uniform Code of Military Justice ( UCMJ , , 10 U . S . C . Chapter 47 ) , is the foundation of military law in the United States . It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I , Section 8 , which provides that " The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces . " Jurisdiction . Courts - martial . Courts - martial are conducted under the UCMJ and the " Manual for Courts - Martial United States " . If the trial results in a conviction , the case is reviewed by the convening authority – the commanding officer who referred the case for trial by court - martial . The convening authority has discretion to mitigate the findings and sentence , set aside convictions , and / or to remand convictions and / or sentences back to a court - martial for re - hearing . If the sentence , as approved by the convening authority , includes death , a bad conduct discharge , a dishonorable discharge , dismissal of an officer , or confinement for one year or more , the case is reviewed by an intermediate court . There are four such courts – the Army Court of Criminal Appeals , the Navy - Marine Corps Court of Criminal Appeals , the Air Force Court of Criminal Appeals , and the Coast Guard Court of Criminal Appeals . After review by any of these intermediate courts , the next level of appeal is the United States Court of Appeals for the Armed Forces ( CAAF ) . The Supreme Court of the United States has discretion under to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review ( death penalty and certified cases ) , granted discretionary review of a petition , or otherwise granted relief . If the CAAF denies a petition for review or a writ appeal , consideration by the Supreme Court may be obtained only through collateral review ( e . g . , a writ of habeas corpus ) . Since 2007 , several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court . See also Equal Justice for United States Military Personnel legislation . Personal jurisdiction . The UCMJ allows for personal jurisdiction over all members of the Uniformed services of the United States : the Air Force , Army , Coast Guard , Marine Corps , Navy , National Oceanic and Atmospheric Administration Commissioned Corps , and Public Health Service Commissioned Corps . The Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U . S . Navy . However , commissioned members of the NOAA and PHS are only subject to the UCMJ when attached or detailed to a military unit or are militarized by presidential executive order . Members of the military Reserve Components under Title 10 of the United States Code ( Army Reserve , Navy Reserve , Marine Forces Reserve , and Air Force Reserve ) or Title 14 of the United States Code , Coast Guard Reserve when not operating as part of the U . S . Navy , are subject to the UCMJ if they are either ( a ) active duty Full - Time Support personnel such as FTS or Active Guard and Reserve ( AGR ) , or ( b ) traditional part - time reservists performing either ( i ) full - time active duty for a specific period ( i . e . , Annual Training , Active Duty for Training , Active Duty for Operational Support , Active Duty Special Work , One Year Recall , Three Year Recall , Canvasser Recruiter , Mobilization , etc . ) , or ( ii ) performing Inactive Duty ( i . e . Inactive Duty Training , Inactive Duty Travel and Training , Unit Training Assembly , Additional Training Periods , Additional Flying Training Periods , Reserve Management Periods , etc . , all of which are colloquially known as " drills " ) . Soldiers and airmen in the National Guard of the United States are subject to the UCMJ only if activated in a Federal capacity under Title 10 by an executive order issued by the President or during their Annual Training periods , which are orders issued under Title 10 . Otherwise , members of the National Guard of the United States are exempt from the UCMJ . However , under Title 32 orders , National Guard soldiers are still subject to their respective state codes of Military Justice . Cadets and midshipmen at the United States Military Academy , United States Naval Academy , United States Air Force Academy , and United States Coast Guard Academy are also subject to the UCMJ . On the other hand , Reserve Officers ' Training Corps ( ROTC ) cadets and midshipmen are by law exempt from the UCMJ ( even while on active duty for training such as CTLT , LTC , LDAC , or while attending various training schools such as Airborne School , Air Assault School , Mountain Warfare School , etc . ) . Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ , even when participating in missions assigned by the military or other branches of government . However , members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve , in which case they become subject to the UCMJ . Retired members of the uniformed services who are entitled to retirement pay are also subject to the UCMJ , as are retired reservists who are receiving hospital care in the VA system , prisoners of war in the custody of the U . S . armed forces , and detained medical personnel and chaplains in the custody of the U . S . armed forces , and persons in custody of the armed forces serving a sentence imposed by a court - martial . Non - judicial punishment . Under Article 15 of the Code ( Subchapter III ) , military commanders have the authority to exercise non - judicial punishment ( NJP ) over their subordinates for minor breaches of discipline . These punishments are carried out after a hearing before the commander , but without a judge or jury . Punishments are limited to reduction in rank , loss of pay , restrictions of privileges , extra - duty , reprimands , and , aboard ships , confinement . Guidelines for the imposition of NJP are contained in Part V of the " Manual for Courts - Martial United States " and the various service regulations . Complaints of wrongs and loss of property . Article 138 of the UCMJ provides that any service member may bring a complaint of wrongs against their commanding officer to the officer exercising general court - martial authority over the commander . That officer will investigate the complaint of wrongs and then report the findings of the investigation to the service Secretary ( e . g . , Secretary of the Army , Navy , Air Force ) concerned . Article 139 ( 10 U . S . C . § 939 ) provides for the convening of an investigation board of from one to three commissioned officers to investigate and adjudicate claims of willful damage , destruction , or theft of personal property , only if both parties are subject to the Code . History . On 30 June 1775 , the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army . Effective upon its ratification in 1789 , Article I , Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces . On 10 April 1806 , the United States Congress enacted 101 Articles of War , which were not significantly revised until over a century later . Discipline in the sea services was provided under the Articles for the Government of the Navy ( commonly referred to as " Rocks and Shoals " ) . While the Articles of War evolved during the first half of the twentieth century , being amended in 1916 , 1920 , and culminating with the substantial reforms in the 1948 version pursuant to the Selective Service Act of 1948 ( a / k / a the Elston Act ) ( Pub . L . 80 - 759 , 62 Stat . 604 ) , its naval counterpart remained little changed by comparison . The military justice system continued to operate under the Articles of War and Articles for the Government of the Navy until 31 May 1951 , when the Uniform Code of Military Justice went into effect . The UCMJ was passed by Congress on 5 May 1950 , signed into law by President Harry S . Truman , and became effective on 31 May 1951 . The word " Uniform " in the Code ' s title refers to the congressional intent to make military justice uniform or consistent among the armed services . This is in contrast with most " Uniform Act s " in the United States , which are state statutes adopted from model laws drafted by the NCCUSL in an effort to create consistency across state lines . The UCMJ , the Rules of Court Martial ( the military analogue to the Federal Rules of Criminal Procedure ) , and the Military Rules of Evidence ( the analogue to the Federal Rules of Evidence ) have continually evolved since implementation , often paralleling the development of the federal civilian criminal justice system . In some ways , the UCMJ has been ahead of changes in the civilian criminal justice system ; for example , a rights - warning statement similar to the now - familiar " Miranda " warnings ( and required in more contexts than in the civilian world where it is applicable only to custodial interrogation ) was required by Art . 31 ( 10 U . S . C . § 831 ) a decade and a half before the Supreme Court ruled in " Miranda v . Arizona " , 384 U . S . 436 ( 1966 ) ; Article 38 ( b ) ( 10 U . S . C . § 838 ( b ) ) , continued the 1948 Articles of War ' s guarantee of qualified defense counsel to be provided to all accused without regard to indigence ( and at earlier stages than required in civilian jurisdictions ) , whereas the Supreme Court only guaranteed the provision of counsel indigents in " Gideon v . Wainwright " , 372 U . S . 335 ( 1963 ) . Additionally , the role of what was originally a court - martial ' s non - voting " law member " developed into the present office of military judge whose capacity is little different from that of an Article III judge in a U . S . district court . At the same time , the ' court - martial ' itself ( the panel of officers hearing the case and weighing the evidence ) has converted from being essentially a board of inquiry / review presiding over the trial , into a jury of military service - members . The current version of the UCMJ is printed in latest edition of the " Manual for Courts - Martial " ( 2012 ) , incorporating changes made by the President ( executive orders ) and National Defense Authorization Act s of 2006 and 2007 . Current subchapters . The UCMJ is found in Title 10 , Subtitle A , Part II , Chapter 47 of the United States Code . General Provisions . Subchapter I , " General Provisions " has six sections ( articles ) : Article 1 ( Definitions ) , defines the following terms used in the rest of the UCMJ : Judge Advocate General , the Navy , officer in charge , superior commissioned officer , cadet , midshipman , military , accuser , military judge , law specialist , legal officer , judge advocate , record , classified information , and national security . This article also provides that " The Navy , the Marine Corps , and the Coast Guard when it is operating as a service in the Navy , shall be considered as one armed force " for the purposes of the UCMJ . Pre - trial procedure . Under Article 31 , coercive self - incrimination is prohibited as a right under the Fifth Amendment . Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self - incrimination , much like the " Miranda " warning . Article 31 was already well - established before " Miranda " . Article 32 refers to the pre - trial investigation and hearing conducted before charges are referred to trial for court - martial . It may be conducted by a Judge Advocate General ( JAG ) officer or non - JAG officer . Punitive articles . Subchapter X , " Punitive Articles , " is the subchapter that details offenses under the uniform code : General article ( Article 134 ) . The general article ( Article 134 ) authorizes the prosecution of offenses not specifically detailed by any other article : " 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 " . Clause 1 of the article involves disorders and neglect " to the prejudice of good order and discipline in the armed forces . " Clause 2 involves " conduct of a nature to bring discredit upon the armed forces . " Clause 3 deals with non - capital offenses violating other federal law ; under this clause , any such offense created by federal statute may be prosecuted under Article 134 . " United States v . Perkins " , 47 C . M . R . 259 ( Air Force Ct . of Military Review 1973 ) . The most recent version of the " Manual for Courts - Martial " lists the following offenses commonly prosecuted under Article 134 : Abusing public animal ; adultery ; assault with intent to commit murder , voluntary manslaughter , rape , robbery , sodomy , arson , burglary , or housebreaking ; bigamy ; bribery or graft ; burning with intent to defraud ; check , worthless , making and uttering ; by dishonorably failing to maintain funds ; child endangerment ; cohabitation , wrongful ; correctional custody – offenses against ; debt , dishonorably failing to pay ; disloyal statements ; disorderly conduct , drunkenness ; drinking liquor with prisoner ; drunk prisoner ; drunkenness – incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug ; false or unauthorized pass offenses ; false pretenses , obtaining services under ; false swearing ; firearm , discharging – through negligence ; firearm , discharging – willfully , under such circumstances as to endanger human life ; fleeing scene of accident ; fraternization ; gambling with subordinate ; homicide , negligent ; impersonating a commissioned , warrant , noncommissioned , or petty officer , or an agent or official ; indecent language ; jumping from vessel into the water ; kidnapping ; mail : taking , opening , secreting , destroying , or stealing ; mails : depositing or causing to be deposited obscene matters in ; misprision of serious offense ; obstructing justice ; wrongful interference with an adverse administrative proceeding ; pandering and prostitution ; parole , violation of ; perjury : subornation of ; public record : altering , concealing , removing , mutilating , obliterating , or destroying ; quarantine : medical , breaking ; reckless endangerment ; restriction , breaking ; seizure : destruction , removal , or disposal of property to prevent ; self - injury without intent to avoid service ; sentinel or lookout : offenses against or by ; soliciting another to commit an offense ; stolen property : knowingly receiving , buying , concealing ; straggling ; testify : wrongful refusal ; threat or hoax designed or intended to cause panic or public fear ; threat , communicating ; unlawful entry ; weapon : concealed , carrying ; wearing unauthorized insignia , decoration , badge , ribbon , device , or lapel button . Further reading . DA Pam 27 - 9 Military Judges Benchbook ( . PDF ) " Military Law Review " . ISSN 0026 - 4040