What are the most important UCMJ legal terms every service member should know?
Key UCMJ terms include Article 15 (Non-Judicial Punishment, which you can often refuse), Article 31 rights (the military equivalent of Miranda rights, requiring you to stop talking immediately if invoked), court-martial (a formal military criminal trial), and UCMJ (Uniform Code of Military Justice, the federal law governing military conduct). Understanding these terms is essential for protecting your rights from the start.
UCMJ & Military Law Glossary
The military justice system has its own language. Understanding these terms is the first step in your defense.
A – C
Article 15 (NJP / Captain’s Mast)
Non-Judicial Punishment. An administrative disciplinary proceeding where a Commander (not a judge) determines guilt and punishment. It is not a criminal trial, but a guilty finding is often the first step toward administrative separation.
Article 31 Rights
The military equivalent of civilian Miranda rights. Article 31(b) prohibits investigators from interrogating a suspect without first informing them of the nature of the accusation and their right to remain silent.
Article 32 Preliminary Hearing
A mandatory hearing held before a case can be referred to a General Court-Martial. An Investigating Officer reviews evidence to determine if there is “probable cause” to proceed to trial.
Bad Conduct Discharge (BCD)
A punitive discharge that can only be given by a Special or General Court-Martial. It deprives you of most veterans benefits (including the GI Bill) and is a permanent stain on your record.
Convening Authority
The senior officer (usually a General or Admiral) who orders a Court-Martial to take place. They are the “decision maker” who selects the panel members (jury) and has the power to reduce sentences after the trial.
D – J
Dishonorable Discharge (DD)
The most severe punitive discharge, reserved for General Courts-Martial. It is equivalent to a felony conviction and results in the total loss of all military benefits and the right to own firearms.
General Court-Martial
The highest level of military trial court. It handles the most serious offenses (rape, murder, large-scale fraud) and can impose any punishment allowed by law, including life in prison or the death penalty.
General Discharge (Under Honorable Conditions)
An administrative discharge. It is “good,” but not “Honorable.” You keep most VA benefits (medical, home loan) but you lose the GI Bill.
M – P
Panel Members
The military term for “jurors.” Unlike a civilian jury of random peers, panel members are selected by the Convening Authority and must be senior in rank to the accused.
Preferral of Charges
The formal accusation step where charges are sworn against the accused. This “starts the clock” for the trial process.
Pre-Trial Confinement (PTC)
Jail time before the trial starts. A Commander can order this if they believe the accused is a flight risk or a danger to the community. You receive “credit” for this time against your final sentence.
R – Z
Referral of Charges
The order by the Convening Authority sending the charges to a specific Court-Martial for trial. Once charges are referred, the trial date is set.
Special Court-Martial
A mid-level court for misdemeanor-equivalent offenses. The maximum punishment is usually limited to 12 months confinement and a Bad Conduct Discharge.
UCI (Unlawful Command Influence)
Known as the “Mortal Enemy of Military Justice.” It occurs when a Commander uses their rank to pressure investigators, prosecutors, or judges to get a specific result. If proven, it can lead to the dismissal of charges.
Voir Dire
The legal process of questioning the Panel Members (jury) to uncover biases. Lawyers ask questions to determine if a member has already made up their mind before hearing the evidence.
Don’t Let the System Confuse You.
If you have been charged, you don’t need a dictionary—you need a defense team.
Video transcript
Transcript of the video “What Is Consent Under UCMJ? Article 120 Military Law Explained,” from Gonzalez & Waddington.
Read the full transcript of this video
What does consent mean under the UCMJ? Well, consent must be clear, voluntary, and ongoing. It can’t be assumed. It can’t be forced, and it can be withdrawn. Military juries and judges look closely at power dynamics, alcohol, and context.
Silence or a lack of resistance does not automatically mean consent. And as you probably know from your SAPR/SHARP training, consent is something they teach you about in the military. And it’s taught in all different ways. So I see a lot of cases where someone did give consent where it was clear volunteer and ongoing and what ends up happening, you know, weeks, days, months later, the person changes their mind, realizes that they think you took advantage of them, you’re a cheater, they drank too much, and what was prior consent could turn into no consent, and we end up in a court-martial where that witness is taking the stand talking about how they didn’t give consent.
And often it’s a battle of credibility. And it’s one of those battles that the government is going to do whatever they can to try to prove that there was no consent and you are in fact guilty of a sex crime. So if there’s any doubt, stop, get consent, and you shouldn’t be having sex with people where you don’t know if there’s consent or not. OK? Don’t do it.
And if you do, write my number down because you seriously might need my help. You shouldn’t be having sex with people when you’re unclear as to whether or not there’s consent. There should be no doubt in your mind if you want to be safe and be consistent with the law under the UCMJ.
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