Section 1 — In General | Manual for Courts-Martial

Appendix 2.1 · Disposition Guidance

Section 1. In General

2024 Manual for Courts-Martial, United States

This Appendix provides non-binding guidance issued by the Secretary of Defense, in consultation with the Secretary of Homeland Security, pursuant to Article 33 (Disposition Guidance) of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 833.

1.1. Policy

(a) This Appendix provides guidance regarding factors that convening authorities, commanders, special trial counsel, staff judge advocates, and other judge advocates should consider when exercising their duties with respect to the disposition of charges and specifications under the UCMJ, and to further promote the purposes of military law.¹

(b) This Appendix supplements the Manual for Courts-Martial. The guidance in this Appendix does not require a particular disposition decision or other action in any given case. Accordingly, the disposition factors set forth in this Appendix are cast in general terms, with a view to providing guidance rather than mandating results. The intent is to promote regularity without regimentation, encourage consistency without sacrificing necessary flexibility, and provide the flexibility to apply these factors in a manner that facilitates the fair and effective response to local conditions in the interest of justice and good order and discipline.

Footnote 1

“The purposes of military law are to promote justice, to deter misconduct, to facilitate appropriate accountability, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.” Manual for Courts-Martial, United States, Pt. I, ¶ 3 (2024 ed.).

1.2. Purpose This guidance is intended to:

(a) Set forth factors for consideration by those assigned responsibility under the UCMJ for disposing of alleged violations of the UCMJ on how best to exercise their authority in a reasoned and structured manner, consistent with the principle of fair and evenhanded administration of the law;

(b) Promote the fair and effective exercise of prosecutorial discretion and foster confidence on the part of the public and Service members that disposition decisions will be made rationally and objectively on the merits of each case;

(c) Serve as a training tool for convening authorities, commanders, special trial counsel, staff judge advocates, and other judge advocates involved in the disposition process;

(d) Contribute to the effective utilization of the Government’s law enforcement and prosecutorial resources;

(e) Enhance the relationship between military commanders; special trial counsel; staff judge advocates; other judge advocates involved in the disposition process; and law enforcement agencies, including military criminal investigative organizations (MCIOs), with respect to investigations and charging decisions; and

(f) Guide the significant decision whether to prosecute a matter at court-martial recognizing the profound consequences for the accused and crime victims regardless of the outcome.

1.3. Scope This Appendix is designed to promote the reasoned exercise of discretion with respect to the following:

(a) Initiating and declining action under the UCMJ;

(b) Selecting appropriate charges and specifications;

(d) Selecting the appropriate type of court-martial or alternative mode of disposition, if any;

(e) Preliminary hearing officers’ disposition recommendations; and

(f) Entering into a plea agreement.

1.4. Non-Litigability This Appendix was developed solely as a matter of internal policy in accordance with Article 33. This Appendix is not intended to, does not, and may not be relied upon to create a right, benefit, or defense, substantive or procedural, enforceable at law or in equity by any person and may not be relied upon by any party or person in litigation with the United States.