What Are the Three Types of UCMJ?

If you are a member of the United States armed forces, then you are subject to the laws and procedures of the Uniform Military Code of Justice (UCMJ). While the U.S. Justice System decides how civilians are charged and convicted for crimes, military commanders decide how members of the armed services are charged and punished. Therefore, if you are a service member, you may wonder: What are the three types of UCMJ?

What Are the Three Types of UCMJ?

The UCMJ consists of the laws and procedures that govern the U.S. military justice system. The Courts-Martial is the court that presides over cases involving members of the armed forces, including active duty, reserve members, retired members, and military students. There are three different types of UCMJ courts-martial: summary, special, and general.

The court-martial that tries an accused person’s case depends on the severity of the crime. Each type has a unique purpose, as well as associated offenses and punishments. A brief description of each is outlined below:

• Summary court-martial is primarily for trying minor offenses. It is conducted by one commissioned officer and is only available for enlisted personnel. Punishments are usually limited to jail time, pay forfeiture, or a reduced rank.
• Special court-martial is for mid-level offenses and may be handled by a military judge or a judge and a panel. Most offenses are handled in special court, and the punishments may be more severe and may include confinement, hard labor, bad conduct discharge, and loss of pay for enlisted members.
• General court-martial is reserved for the most serious offenses and has the most serious punishments, including the death penalty. Moreover, unless the punishments are strictly prohibited by the Manual for Courts-Martial (MCM), the court can order them. A military judge, as well as a panel consisting of five servicemen, oversees the general court-martial.

As an example, in 2024, a General Court-Martial at Edwards Air Force Base in California sentenced a former non-commissioned officer (NCO) to over 18 years in prison for various serious charges, including domestic violence and child endangerment, as well as failure to obey. Because the crimes were serious, the former officer was sentenced by a General Court-Martial instead of a summary or special court.

Punishments Under UCMJ

The punishment for military crimes is different from that for civilians. Punishments under UCMJ are specific to the military and may include forfeiture of pay and allowances, discharge, a reduction in rank, and confinement. Articles 77-134 of the UCMJ are the punitive articles under the UCMJ and some of the most common offenses and punishments are as follows:

• Absence without leave (AWOL) – The punishment for going AWOL depends on how long the service member left duty unauthorized. For example, if the absence was up to three days, the punishment may be a pay reduction and one month of confinement. However, if it is up to 30 days, the punishment may include dishonorable discharge, complete loss of pay, and up to six months in confinement.
• Disorderly conduct – Disorderly conduct also depends on the severity of the misconduct, where it occurred, and if drunkenness was involved. Punishment could include confinement of 1-6 months, depending on the crime, as well as reduced pay and a bad conduct discharge.
• Disrespect toward a superior – This may include undermining authority, disrespectful communication or social media posts, or even refusing to stand at attention. Punishments may include a bad conduct discharge, as well as confinement from 6 months to a year.
• Failure to obey an order – If a military member refuses to follow an order dictated by their superior, this is considered a failure to obey. The maximum confinement sentence is up to 2 years.
• Assault – The penalty for assault depends on the severity, such as simple or aggravated, as well as to whom the assault was directed. Against other service members, the penalty may be 3 months to up to 10 years for aggravated assault. However, if a service member assaults a superior, it is covered under Article 89, and the punishment may include death if it is wartime or other penalties dictated by the court-martial when it is not.

FAQs

Q: What Are the 3 Types of UCMJ?

A: The three types of court-martial under the Uniform Code of Military Justice are summary, special, and general. Summary court-martial is for minor offenses, special court-martial is for the majority of offenses or mid-level offenses, and general court-martial is for the most serious offenses, including offenses that may also be tried before a federal court.

Q: What Are the Three Types of Article 15?

A: The three types of Article 15, which are non-judicial punishments for minor offenses, are summarized, company grade, and field grade. Summarized has the least severe penalties, and field grade has the most severe. For example, the penalty for summarized proceedings may be 14 days of extra duty, 14 days of restrictions, or even a reprimand. Article 15 is for minor crimes that may be punished by a commander instead of a court.

Q: What Is the Most Severe Punishment Under the UCMJ?

A: The most severe punishment under the UCMJ is the death penalty. There are about a dozen offenses that warrant the death penalty, and they are generally limited to offenses that occur during wartime. Some examples include desertion in times of war, assaulting a superior during wartime, and misbehavior before an enemy.

Q: How Many Articles of the UCMJ Are There?

A: There are 146 articles and 12 sub-articles totaling 158 articles in the Uniform Code of Military Justice. Some articles detail specific offenses, while others outline the rules for court proceedings, as well as other parts of military law. Articles 77-134 are those that are focused on offenses and their punishments.

Skilled Military Lawyer Who Knows the System

While the purpose of the UCMJ is to maintain justice in the military system, some officers abuse their authority. Military commanders have a lot of power in the court-martial system and can even pick the jury that convicts you. At Aaron Meyer Law, we will not stand for any abuse of power. Instead, you can count on us to defend your rights and freedom to the highest degree. Contact us today for a consultation if you are facing punishment.