UCMJ Military Law Glossary | Common Legal Terms Defined


UCMJ & Military Law Glossary

The military justice system has its own language. Understanding these terms is the first step in your defense.

Jump to:
A-C
D-J
M-P
R-Z

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.

Defense Note: You have the right to turn down an Article 15 and demand a Court-Martial (unless you are attached to a ship).

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.

Defense Note: If you are read these rights, STOP TALKING immediately and ask for a lawyer.

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.

Defense Note: We use the Article 32 hearing as a “discovery tool” to cross-examine government witnesses and lock them into their stories before the real trial begins.

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.

Defense Note: Panel members can be challenged and removed for bias during Voir Dire.

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.

Defense Note: Gonzalez & Waddington is famous for aggressive Voir Dire, exposing command bias and removing unfair members from the panel.

Don’t Let the System Confuse You.

If you have been charged, you don’t need a dictionary—you need a defense team.

GET A FREE CONSULTATION

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UCMJ Military Law Glossary | Common Legal Terms Defined

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UCMJ Military Law Glossary | Common Legal Terms Defined

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