Part IV · Punitive Articles

Article 131f. Noncompliance with procedural rules · MCM ¶ 87

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who—
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct. b. Elements.
(1) Unnecessary delay in disposing of case.
(a) That the accused was charged with a certain duty in connection with the disposition of a case of a person accused of an offense under the UCMJ;
(b) That the accused knew that the accused was charged with this duty;
(c) That delay occurred in the disposition of the case;
(d) That the accused was responsible for the delay; and
(e) That, under the circumstances, the delay was unnecessary.
(2) Knowingly and intentionally failing to enforce or comply with provisions of the UCMJ.
(a) That the accused failed to enforce or comply with a certain provision of the UCMJ regulating a proceeding before, during, or after a trial;
(b) That the accused had the duty of enforcing or complying with that provision of the UCMJ;
(c) That the accused knew that the accused was charged with this duty; and
(d) That the accused’s failure to enforce or comply with that provision was intentional.
(c) Explanation.
(1) Unnecessary delay in disposing of case. The purpose of section (1) of Article 131f is to ensure expeditious disposition of cases of persons accused of offenses under the UCMJ. A person may be responsible for delay in the disposition of a case only when that person’s duties require action with respect to the disposition of that case.
(2) Knowingly and intentionally failing to enforce or comply with provisions of the UCMJ. Section (2) of Article 131f does not apply to errors made in good faith before, during, or after trial. It is designed to punish intentional failure to enforce or comply with the provisions of the UCMJ regulating the proceedings before, during, and after trial. Unlawful command influence under Article 37 may be prosecuted under this Article. See also Article 31 and R.C.M. 104.
(d) Maximum punishment.
(1) Unnecessary delay in disposing of case. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(2) Knowingly and intentionally failing to enforce or comply with provisions of the UCMJ. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(e) Sample specification s.
(1) Unnecessary delay in disposing of case. In that __________ (personal jurisdiction data), being charged with the duty of ((investigating) (taking immediate steps to determine the proper disposition of) charges preferred against __________, a person accused of an offense under the Uniform Code of Military Justice) (__________), was, (at/on board— location) (subject-matter jurisdiction, if required), on or about _____ 20 __, responsible for unnecessary delay in (investigating said charges) (determining the proper disposition of said charges (_____), in that (he) (she) (did _____) (failed to _____) (_____).
(2) Knowingly and intentionally failing to enforce or comply with provisions of the UCMJ. In that __________ (personal jurisdiction data), being charged with the duty of __________, did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, knowingly and intentionally fail to (enforce) (comply with) Article __________, Uniform Code of Military Justice, in that (he) (she) __________.
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), being charged with the duty of ((investigating) (taking immediate steps to determine the proper disposition of) charges preferred against __________, a person accused of an offense under the Uniform Code of Military Justice) (__________), was, (at/on board— location), on or about __________, responsible for unnecessary delay in (investigating said charges) (determining the proper disposition of said charges (__________), in that (he) (she) (did __________) (failed to __________) (__________).

Elements

(1) That the accused was charged with the duty of (state the duty alleged) in connection with the disposition of the case of (state the name of the person alleged), a person accused of an offense under the Uniform Code of Military Justice;

(2) That the accused knew that (he) (she) was charged with this duty;

(3) That (state the time and place alleged), delay occurred in the disposition of the case;

(4) That the accused was responsible for the delay; and

(5) That, under the circumstances, the delay was unnecessary.

Definitions & other instructions

A person may be responsible for delay in the disposition of a case only when that person’s duties require action with respect to the disposition of the case.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. Instruction 5-5, Causation, may be applicable.
Source: Instruction 3a-87-1 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 5 years, and E-1. (Category 2)

Sample specification

In that __________, (personal jurisdiction data), being charged with the duty of __________, did, (at/on board—location), on or about __________, knowingly and intentionally fail to (enforce) (comply with) Article __________, Uniform Code of Military Justice, in that (he) (she) __________.

Elements

(1) That, at (state the time and place alleged), the accused failed to (enforce) (comply with) Article (___) of the Uniform Code of Military Justice regulating a proceeding (before) (during) (after) trial of an accused by (state the manner alleged);

(2) That the accused had the duty of (enforcing) (complying with) that provision of the Uniform Code of Military Justice;

(3) That the accused knew that (he) (she) was charged with this duty; and

(4) That the accused’s failure to (enforce) (comply with) that provision was intentional.

Definitions & other instructions

“Intentionally” as used in this specification means that the act was done on purpose, and not merely through carelessness, by accident, or under good faith error of law.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge and Intent), is ordinarily applicable.
Source: Instruction 3a-87-2 · view original on jagcnet.army.mil