Judge Advocate General
PROCEDURES MANUAL
Table of Contents
Subchapter Sec
Art.
I. General Provisions 801 1
III Non-Judicial Punishment 815 15
IV. Court-Martial Jurisdiction 816 16
V. Composition of
Courts-Martial 822 22
VI. Pre-Trial Procedure 830 30
VII. Trial Procedure 836 36
VIII. Sentences 855 55
IX. Post-Trial Procedure and Review of Courts Martial 859
59
X. Punitive Articles 877 77
XI. Miscellaneous Provisions 935 135
SUB CHAPTER 1. GENERAL PROVISIONS
Sec. Art.
801.
1. Definitions
802. 2. Persons Subject to this chapter.
804. 4. Dismissed
officers right to trial by court-martial.
805. 5. Territorial
applicability of this chapter.
806. 6. Judge advocates and legal officers.
SUBCHAPTER III. NON-JUDICIAL PUNISHMENT
Sec. Art.
815. 15. Commanding Officer's non-judicial punishment
SUBCHAPTER IV. COURT-MARTIAL JURISDICTION
Sec. Art.
816. 16. Courts-Martial classified.
817. 17. Jurisdiction of
courts-martial in general
818.
18. Jurisdiction of general courts-martial.
819. 19. Jurisdiction of special
courts-martial.
820. 20. Jurisdiction of summary courts-martial.
SUBCHAPTER V. COMPOSITION OF COURTS-MARTIAL
Sec. Art.
822. 22. Who may convene general courts-martial.
823. 23. Who may convene special courts-martial.
824. 24. Who may convene summary courts-martial.
825. 25. Who may serve on courts-martial.
826. 26. Military judge of a general or special
court-martial.
827. 27. Detail of trial counsel and defense
counsel.
829. 29. Absent and additional members.
SUBCHAPTER VI. PRE-TRIAL PROCEDURE
Sec. Art.
830. 30. Charges and specifications
831. 31. Compulsory self-incrimination prohibited.
832. 32. Pre Trial Hearing.
833. 33. Forwarding of charges.
834. 34. Advice of staff judge advocate and
reference for trial.
835. 35. Service of charges.
SUBCHAPTER VII. TRIAL PROCEDURE
Sec. Art.
836. 36. FADM may prescribe rules
837. 37. Unlawful influencing the action of the
court.
838. 38. Duties of trial counsel and defense
counsel.
839. 39. Sessions.
840. 40. Continuances.
841. 41. Challenges.
842. 42. Oaths.
843. 43. Statute of limitations.
844. 44. Former jeopardy.
845. 45. Pleas of the accused.
846. 46. Opportunity to obtain witnesses and
other evidence.
847. 47. Refusal to appear or testify.
848. 48. Contempt's.
849. 49. Depositions.
850. 50. Admissibility of records
of courts of inquiry.
852. 52. Number of votes required.
853. 53. Court to announce action.
854. 54. Record of trial.
SUBCHAPTER VIII. SENTENCES
Sec. Art.
857. 57. Effective date of
sentences.
858a. 58a. Sentences: reduction in
enlisted grade upon approval.
SUBCHAPTER IX. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. Art.
859. 59. Error of law; lesser included offense.
860. 60. Action by the convening authority.
861. 61. Notice of
appeal
SUBCHAPTER XI. MISCELLANEOUS PROVISIONS
Sec. Art.
936. 136. Authority to administer oaths and to act as notary.
937. 137. Articles to be explained.
938. 138. Complaints of wrongs.
SUB CHAPTER 1. GENERAL PROVISIONS
Sec. Art.
801. 1. Definitions
802. 2. Persons Subject to
this chapter.
804. 4. Dismissed officer's right to trial
by court-martial.
805. 5. Territorial applicability of this
chapter.
806. 6. Judge advocates and legal
officers.
801. ART. 1. DEFINITIONS.
In this chapter.
(1) "Judge Advocate General" means, severally, the Judge Advocates General's of the SeaWolves Organization.
(2) "Chief Judge Advocate General" (C-JAG) means, the Chief Judge Advocates General of the SeaWolves Organization.
(3) "Deputy-Chief Judge Advocate General" (D-JAG) means, the Deputy-Chief Judge Advocates General of the SeaWolves Organization.
(4) JAG Officers of the SSN Division, the AW Division, STAT Division, and Surface Division designated as such by appropriate authority.
(5) "Officer in Charge" means a member of the the SSN Division, the AW Division, STAT Division, and Surface Division designated as such by appropriate authority.
(6) "Superior commissioned officer" means a commissioned officer superior in rank of command.
(7) "Cadet" means a cadet of the SeaWolves Virtual Armed Forces.
(8) "Military" refers to any or all of the SeaWolves Virtual Armed Forces.
(9) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
(10) "Military Judge" means an official of a general or special, or summary court-martial detailed in accordance with section 826 of this title (article 26).
(11) "Judge Advocate" means--
(a) a commissioned JAG officer of the Judge Advocate General's Office designated for special duty (law).
(b) "Legal officer" means any commissioned officer of the SSN Division, the AW Division, STAT Division, and Surface Division designated to perform legal duties for a command.
(12) "Record", when used in connection with the proceedings of a court-martial means--
(A) an official written transcript, written summary, or other writing relating to the proceedings: or
(B) an official audiotape, videotape, or similar material from which sound and visual images, depicting the proceedings may be reproduced.
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a) The following persons are subject to this chapter:
(1) Members of a regular component of the SeaWolves Virtual Armed Forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the SeaWolves Virtual Armed Forces; inductees from the time of their actual induction into the SeaWolves Virtual Armed Forces
(2) all members of the SeaWolves Virtual Armed Forces.
(3) Members of a reserve component while on inactive-duty training, but in the case of members of the SeaWolves Virtual Armed Forces.
(4) Retired members of a regular component of the SeaWolves Virtual Armed Forces.
(a) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(1) investigation under section 832 of this title (article 32);
(2) trial by court-martial; or
(3) non judicial punishment under section 815 of this title (article 15).
(4) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was
(1) on active duty; or
(2) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the FADM.
(3) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene courts-martial in a regular component of the SeaWolves Virtual Armed Forces.
805. ART. 5. TERRITORIAL APPLICABILITY OF THIS CHAPTER
This chapter applies in all places.
806. ART. 6. JUDGE ADVOCATES AND LEGAL OFFICERS
(a) The assignment for duty of judge advocates of the SeaWolves Virtual Armed Forces, shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
(b) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.
813. ART. 13 PUNISHMENT PROHIBITED BEFORE TRIAL
No person, while being held for trial, may be subjected to punishment or penalty other than temporary suspension upon the charges pending against him, but he may be subjected to minor punishment during that period for infractions of discipline.
SUBCHAPTER III. NON-JUDICIAL PUNISHMENT
815. ART. 15. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT
(a) Under such regulations as the FADM may prescribe, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by courts-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment under similar regulations, rules may be prescribed with respect to a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant.
(b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--
(1) upon officers of his command--
(a) restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
(b) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
(c) if imposed by an officer of the grade of major or lieutenant commander, or above--
(d) the punishment authorized under clause (A);
(e) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as specifically prescribe by regulation.
(f) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected.
(g) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on appeal from a punishment the authority who is to act on the appeal shall refer the case to a judge advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).
(h) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
SUBCHAPTER IV. COURT-MARTIAL JURISDICTION
Sec. Art.
816. 16.
Courts-Martial classified.
817. 17. Jurisdiction of courts-martial in general
818. 18.
Jurisdiction of general courts-martial.
819. 19.
Jurisdiction of special courts-martial.
820. 20.
Jurisdiction of summary courts-martial.
816. ART. 16. COURT-MARTIAL CLASSIFIED
The three kinds of courts-martial in each of the SeaWolves Virtual Armed Forces are--
(1) general courts-martial, consisting of--
(A) a military judge and not less than five members; or
(B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record.
“General Courts Martial" is for basically any "general matter" that arises between members of the SW Org and members of a different divisions within the Org that violates the UCMJ (SWSF member has complaint against SSN member
(2) special courts-martial, consisting of--
(A) not less than three members; or
(B) a military judge and not less than three members; or
(C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and
“Special Courts Martial" is a complaint from within a SW Division such as cheating (SWSF member complains that another SWSF member filled false mission report
(1) summary courts-martial, consisting of one commissioned officer.
(D) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed above.
"Summary Courts Martial" primarily for addressing UCMJ issues that arise with a former member who has retired.
817. ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL
(a) Each armed force has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the FADM.
(b) In all cases, departmental review after that by the officer with authority to convene a court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the armed force of which the accused is a member.
818. ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the FADM may prescribe, adjudge any punishment not forbidden by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war.
ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the FADM may prescribe, for capital offenses. Special courts-martial may, under such limitations as the FADM may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
820 ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL
Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipman, for any noncapital offense made punishable by this chapter after retirement. No person with respect to whom summary courts- martial have jurisdiction may be brought to trial before a summary court- martial if he objects thereto. If objection to trial by summary court- martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the FADM may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad- conduct discharge.
SUBCHAPTER V. COMPOSITION OF COURTS-MARTIAL
Sec. Art.
822. 22. Who may
convene general courts-martial.
823. 23. Who may convene special courts-martial.
824. 24. Who
may convene summary courts-martial.
825. 25. Who
may serve on courts-martial.
826. 26.
Military judge of a general or special court-martial.
827. 27.
Detail of trial counsel and defense counsel.
828. 28.
Detail or employment of reporters and interpreters.
829. 29.
Absent and additional members.
822. ART. 22. WHO MAY CONVENE GENERAL COURTS-MARTIAL
(a) General courts-martial may be convened by--
(1) the FADM of the SeaWolves Organization;
*(2) any other commanding officer in any of the SeaWolves Virtual Armed Forces when empowered by the FADM.
(b) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.
823. ART. 23. WHO MAY CONVENE SPECIAL COURTS-MARTIAL
(a) Special courts-martial may be convened by--
(1) the FADM of the SeaWolves Organization;
*(2) any other commanding officer in any of the SeaWolves Virtual Armed Forces when empowered by the FADM.
(b) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him. (a) Special courts-martial may be convened by--
824. ART. 24. WHO MAY CONVENE SUMMARY COURTS-MARTIAL
(a) Summary courts-martial may be convened by--
(1) the FADM of the SeaWolves Organization;
(2) any other commanding officer in any of the SeaWolves Virtual Armed Forces when empowered by the FADM.
(b) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him
825. ART, 25. WHO MAY SERVE ON COURTS-MARTIAL
(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b) Any warrant officer on active duty is eligible to serve at a courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
(1) Any enlisted member of an SeaWolves Virtual Armed Forces on active duty who is not a member of the same unit as the accused is eligible to serve on courts-martial for the trial of any enlisted member of an SeaWolves Virtual Armed Forces who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under section 839(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused.
(2) When it can be avoided, no member of an SeaWolves Virtual Armed Forces may be tried by a court-martial any member of which is junior to him in rank or grade.
(3) When convening a court-martial, the convening authority shall detail as member thereof such members of the SeaWolves Virtual Armed Forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an SeaWolves Virtual Armed Forces is eligible to serve as a member of a court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(e) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the FADM may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.
826. ART. 26. MILITARY JUDGE OF A GENERAL SPECIAL OR SUMMARY COURT-MARTIAL
(a) A military judge shall be detailed to each court-martial. The FADM shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial in which he has been detailed.
(b) A military judge shall be a commissioned officer of the SeaWolves Virtual Armed Forces is certified to be qualified for duty as a military judge by the Judge Advocate General of the SeaWolves Virtual Armed Forces of which such military judge is a member.
(c) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
(d) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.
827. ART. 27. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL
(a) Trial counsel and defense counsel shall be detailed for each court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each court-martial. The C-JAG shall prescribe the manner in which counsel are detailed for such courts- martial and for the persons who are authorized to act as counsel for such courts-martial.
(b) No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(c) Trial counsel or defense counsel detailed for a court-martial- -
(2) must be certified as competent to perform such duties by the Judge Advocate General of the SeaWolves Virtual Armed Forces of which he is a member.
(d) In the case of a court-martial--
(1) the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section ART827(b) of this title (article 27(b)) unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;
(2) if the trial counsel is qualified to act as counsel before a curt-martial, the defense counsel detailed by the convening authority must be a person similarly qualified.
829. ART. 29. ABSENT AND ADDITIONAL MEMBERS
(a) No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
SUBCHAPTER VI. PRE-TRIAL PROCEDURE
Sec. Art.
830. 30. Charges
and specifications
831. 31. Compulsory self-incrimination prohibited.
832. 32. Pre
Trial Hearing.
833. 33.
Forwarding of charges.
834. 34.
Advice of staff judge advocate and reference for trial.
835. 35.
Service of charges.
830. ART. 30. CHARGES AND SPECIFICATIONS
(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the SeaWolves Virtual Armed Forces authorized to administer oaths and shall state--
(1) that the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(2) that they are true in fact to the best of his knowledge and belief.
(b) Upon the preferring of charges, the FADM shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
831 ART. 31. COMPULSORY SELF-INCRIMINATION PROHIBITED
(a) No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
(b) No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
832. ART. 32. INVESTIGATION
(a) No charge or specification may be referred to a court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection
(d), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf
(e) An ‘article 32’ hearing may be convened by the appointed court-convening member to determine whether or not there is sufficient evidence to warrant Courts Martial. The court will base their decision to go to courts martial if they believe there is ‘reasonable cause’ to do so on the evidence presented in the complaint and if such deduction can be made no ‘article 32’ hearing is required
(f) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error
833. ART. 33. FORWARDING OF CHARGES
When a person is held for trial by court-martial the commanding officer shall, if practicable, forward the charge’s, together with the investigation and allied papers, to the officer exercising court martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for the delay.
834. ART. 34. ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL
(a) Before directing the trial of any charge by court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a court-martial for trial unless he has been advised in writing by the staff judge advocate that--
(1) the specification alleges an offense under this chapter;
(2) the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report); and
(3) a court-martial would have jurisdiction over the accused and the offense.
(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate--
(1) expressing his conclusions with respect to each matter set forth in subsection (a); and
(2) recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
(c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
835. ART. 35. SERVICE OF CHARGES.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had
839. ART. 39. SESSIONS
(a) At any time after the service of charges which have been referred for trial by court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of--
(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
These proceedings may be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
(b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
840. ART. 40. CONTINUANCES.
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
841. ART. 41. CHALLENGES
(a) The military judge and members of a court- martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or if none, the court, shall determine the relevance and validity of the challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one preemptory challenge, but the military judge may not be challenged except for cause.
842. ART. 42. OATHS
(a) Before performing their respective duties, military judges, members of courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person is detailed to that duty.
(b) Each witness before a court-martial shall be examined on oath.
844. ART. 44. FORMER JEOPARDY
(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which the accused has been found guilty by court- martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.
845. ART. 45. PLEAS OF THE ACCUSED
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
(b) A plea of guilty by the accused to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without a vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
846. ART. 46. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the FADM may prescribe.
847. ART. 47. REFUSAL TO APPEAR OR TESTIFY
(a) Any person not subject to this who--
(1) has been dully subpoenaed to appear as a witness before a court- martial, military commission, court of inquiry, or any other military court or board, or before any military officer designated to take a deposition to be read in evidence before such a court, commission, or board; and
(2) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the SeaWolves Organization.
(b) Any person who commits an offense named in subsection (a) shall be tried on information in a SeaWolves Virtual Military Court and jurisdiction is conferred upon this courts for that purpose. Upon conviction, such person shall be punished by 14 day suspension from all seawolves activities and or by court martial under such circumstances as the FADM may deem appropriate.
(c) Chief Judge Advocate General in any such court of original jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article.
848. ART. 48. CONTEMPT'S
A court-martial, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed 14 day suspension from all seawolves activities and or by court martial under such circumstances as the FADM may deem appropriate.
849. ART. 49. DEPOSITIONS
(a) At any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an attorney competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military officer authorized by the laws of the SeaWolves Organization or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonable notice to other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any military court, or in any proceeding before a court of inquiry or military board
(1) that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non amenability to process, or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or
(2) that the present whereabouts of the witness is unknown.
850. ART. 50. ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY
(a) In any case the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court- martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) Such testimony may also be read in evidence before a court of inquiry or a military board.
(c) Before a vote is taken of the findings, the military judge or the FADM of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them--
(1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
(3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the SeaWolves Organization.
(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court- martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is field, it will be sufficient if the findings of fact appear therein.
852. ART. 52. NUMBER OF VOTES REQUIRED
(a) No person may be convicted of any other offense, except as provided in section 845(b) of this title (article 45(b)) or by concurrence of two-thirds of the members present at the time the vote is taken.
(b) All other sentences shall be determined by the concurrence of two- thirds of the members at the time the vote is taken.
(c) All other questions to be decided by the members of a court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused sanity. is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
853. ART. 53. COURT TO ANNOUNCE ACTION
A court-martial shall announce its findings and sentence to the parties as soon as determined.
854. ART. 54. RECORD OF TRIAL
(a) Each court-martial shall deep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under the subsection.
(b) A complete record of the proceedings and testimony shall be prepared--
(c) A copy of the record of the proceedings of each court-martial shall be given to the accused as soon as it is authenticated.
SUBCHAPTER VIII. SENTENCES
Sec. Art.
857. 57. Effective date of sentences.
858a. 58a. Sentences: reduction in enlisted grade upon approval.
855. ART. 55. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED.
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter.
857. ART. 57. EFFECTIVE DATE OF SENTENCES
(a) All other sentences of courts-martial are effective on the date ordered executed.
SUBCHAPTER IX. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. Art.
859. 59. Error of law; lesser included offense.
860. 60. Action by the convening authority.
861. 61. Notice of appeal
862. 62. Review by appeal
859. ART. 59. ERROR OF LAW; LESSER INCLUDED OFFENSE
(a) A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
860. ART. 60. ACTION BY THE CONVENING AUTHORITY
(a) the findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
(b) the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Except in a summary court- martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d).
(1) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days.
(2) The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.
(c) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority.
(1) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations the convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.
(2) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may--
(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or
(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
(d) Before acting under this section on any court- martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of his staff judge advocate. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate, and the staff judge advocate shall use such record in the preparation of his recommendation. The recommendation of the staff judge advocate shall include such matters as the FADM may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.
(e) The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing.
(1) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision--
(2) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or
(4) increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory.
(f) A rehearing may be ordered by the convening authority or other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such a person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taken action under this subsection disapproves the sentence.
861. ART 61. NOTICE OF APPEAL
(a) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 3 days of the order or ruling.
(b) An appeal under this section shall be forwarded by means prescribed under regulations of the FADM directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military review may act only with respect to matters of law, notwithstanding section 866(c) of this title (article 66(c)).
(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
862. ART 62. REVIEW BY APPEALS
(a) Review shall be in writing and shall contain the following:
(1) Conclusions at to whether--
(2) the court had jurisdiction over the accused and the offense;
(3) the charge and specification stated an offense; and
(4) the sentence was within the limits prescribed as a matter of law.
(5) A response to each allegation of error made in writing by the accused.
(6) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising court-martial jurisdiction over the accused at the time the court was convened (or to that person's successor in command) if--
(1) the judge advocate who reviewed the case recommends corrective action;
(2) the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge; or
(3) such action is otherwise required by regulations.
(c) The person to whom the record of trial and related documents are sent under subsection (b) may--
(1) disapprove or approve the findings or sentence, in whole or in part;
(2) remit, commute, or suspend the sentence in whole or in part;
(3) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
(4) dismiss the charges.
865. ART. 65. DISPOSITION OF RECORDS
(a) In a case subject to appellate review under section 862) of this title (article 62) the record of trial and action thereon shall be transmitted to the Judge General for appropriate action.
(b) Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the Secretary may prescribe by regulation.
871. ART. 71. EXECUTION OF SENTENCE; SUSPENSION OF SENTENCE
(a) If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the FADM, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as he sees fit.
872. ART. 72. VACATION OF SUSPENSION
(a) Before the vacation of the suspension of a court- martial sentence which as approved includes a bad-conduct discharge, or of any court-martial sentence, the officer having jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he so desires.
(b) The record of the hearing and the recommendation of the officer having court-martial jurisdiction shall be sent for action to the officer exercising court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 871(c) of this title (article 71(c)). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
(c) The suspension of nay other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
876. ART. 76. FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES
The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts- martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martials and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the SeaWolves Organization, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the FADM.
876a. ART. 76a. LEAVE REQUIRED TO BE TAKEN PENDING REVIEW OF CERTAIN COURT-MARTIAL CONVICTIONS
Under regulations prescribed by the FADM, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 860 of this title (article 60), includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. the accused may be required to begin such leave on the date on which the sentence is approved under section 860 of this title (article 60) or at any time after such date, and such leave may be continued until the date which action under this subchapter is completed or may be terminated at any earlier time.
SUBCHAPTER X. PUNITIVE ARTICLES
Sec. Art.
877. 77. Principals
878. 78. Accessory after the fact
879. 79. Conviction of lesser included offense.
880. 80. Attempts
881. 81. Conspiracy.
882. 82. Solicitation.
888. 88. Contempt toward officials.
889. 89. Disrespect toward superior commissioned officer
890. 90. Assaulting or willfully disobeying superior commissioned officer.
891. 91. Insubordinate conduct toward warrant officer, noncommissioned
officer, or petty officer.
892. 92. Failure to obey order or regulation.
894. 94. Mutiny or sedition.
898. 98. Noncompliance with procedural rules.
907. 107. False official statements.
923. 123. Forgery.
931. 131. Perjury.
932. 132. Frauds against the SeaWolves
933. 133. Conduct unbecoming an officer and a gentleman.
934. 134. General Article.
877. ART. 77. PRINCIPALS
Any person punishable under this chapter who--
(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or
(2) causes an act to be done which if directly performed by him would be punishable by this chapter, is a principal.
878. ART. 78. ACCESSORY AFTER THE FACT
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
879. ART. 79. CONVICTION OF LESSER OFFENSE
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
880. ART. 80. ATTEMPTS
(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
881. ART. 81. CONSPIRACY
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
882. ART. 82. SOLICITATION
(a) Any person subject to this chapter who solicits or advises another or others to desert or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who solicits or advises another or others to commit an act or misbehavior or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
888. ART. 88. CONTEMPT TOWARD OFFICIALS
Any commissioned officer who uses contemptuous words against the FADM's, the Vice ADM's, or any other offier, in which he is on duty or present shall be punished as a court-martial may direct.
889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
809. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Any person subject to this chapter who--
(1) willfully disobeys a lawful command of his superior commissioned officer;
shall be punished, as a court-martial may direct.
891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER
Any enlisted member who--
(1) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(2) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
894. ART. 94. MUTINY OR SEDITION
(a) Any person subject to this chapter who--
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court- martial may direct.
907. ART. 107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
923. ART. 123. FORGERY
Any person subject to this chapter who, with intent to defraud- -
(1) falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or
(2) utters, offers, issues, or transfers such a writing, known by him to be so made or altered;
is guilty of forgery and shall be punished as a court-martial may direct.
931. ART. 131. PERJURY
Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly--
(1) upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
(2) in any declaration, certificate, verification, or statement under penalty or perjury as permitted under section 1746 of title 28, United States Code, subscribes any false statement material to the issue or matter of inquiry;
is guilty of perjury and shall be punished as a court-martial may direct.
932. ART. 132. FRAUDS AGAINST THE SEAWOLVES
Any person subject to this chapter--
(1) who, knowing it to be false or fraudulent--
(2) makes any claim against the SeaWolves or any officer thereof; or
(3) makes or uses any writing or other paper knowing it to contain false or fraudulent statements;
(4) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(5) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(6) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the SeaWolves;
shall, upon conviction, be punished as a court-martial may direct.
933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or other member who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
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.
SUBCHAPTER XI. MISCELLANEOUS PROVISIONS
Sec. Art.
936. 136. Authority to administer oaths and to act as
notary.
937. 137. Articles to be explained.
938. 138. Complaints of wrongs.
* 936. ART. 136. AUTHORITY TO ADMINISTER OATHS AND ACT AS NOTARY
(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the SeaWolves Organization, in the performance of all notarial acts to be executed by members of any of the SeaWolves Virtual Armed Forces, wherever they may be, by persons serving with, employed by, or accompanying the SeaWolves Virtual Armed Forces outside the SeaWolves Organization and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to this chapter outside the SeaWolves Organization.
(1) All judge advocates
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
(4) All commanding officers of the Navy, Marine Corps, and Coast Guard.
(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.
(6) All other persons designated by regulations of the SeaWolves Virtual Armed Forces or by statute.,
(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:
(1) The FADM, military judge, trial counsel, and assistant trial counsel for all courts-martial.
(2) The FADM and counsel for the court of any court of inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by regulations of the SeaWolves Virtual Armed Forces or by statute.
(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized.
(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.
* 937. ART. 137. ARTICLES TO BE EXPLAINED.
(a) 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 six days after)--
(1) the member's initial entrance on active duty; or
(2) the member's initial entrance into a duty status with a reserve component.
(3) Such sections (articles) shall be explained again--
(b) 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 recruiting training; and
(c) at the time when the member reenlists.
(d) This subsection applies with respect to sections 802, 815, 825, 827, 831, 837, 838, 855, 877-934, and 937 of this title (articles 2, 3, 7-15, 25, 27, 31, 38, 55, 77-134, and 137-139).
(e) The text of the Uniform Code of Military Justice and of the regulations prescribed by the FADM 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.
938. ART. 138. COMPLAINTS OF WRONGS
Any member of the SeaWolves Virtual 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 foreword the complaint to the office exercising court- martial jurisdiction over the officer against whom it is made. The officer exercising 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 FADMa true statement of that complaint, with the proceedings thereon.