Subchapter I · General Provisions

Article 1. Definitions

2024 Manual for Courts-Martial, United States · Last updated

Recent revisions Summary of changes Cited by (11)
In this chapter (the Uniform Code of Military justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under section 826(c) of this title (article 26(c)) who is detailed under section 826(a) or section 830a of this title (article 26(a) or 30a)).
(11) The term ‘military magistrate’ means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).
(12) The term “legal officer” means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command.
(13) The term “judge advocate” means—
(A) an officer of the Judge Advocate General’s Corps of the Army, the Navy, or the Air Force;
(B) an officer of the Marine Corps who is designated as a judge advocate; or
(C) a commissioned officer of the Coast Guard designated for special duty (law).
(14) The term “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, or sound and visual images, depicting the proceedings may be reproduced.
(15) The term “classified information” means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
(16) The term “national security” means the national defense and foreign relations of the United States.
(17) The term “covered offense” means—
(B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81);
(C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or
(D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80).
(18) The term “special trial counsel” means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title.
Cross-referencesCited by 11Cites 39
Cited by

Provisions elsewhere in the Manual whose text cites Article 1. Each link opens the citing provision.

Rules for Courts-Martial
R.C.M. 103(31) — Definitions and rules of construction
The definitions and rules of construction in 1 U.S.C. §§ 1 through 5 and in 10 U.S.C. §§ 101 and 801.
Discussion under R.C.M. 201(b)(3) — Jurisdiction in general (1(9))
See R.C.M. 601; see also R.C.M. 307. A commanding officer shall not be considered an accuser under Article 1(9) solely due to the role of the commanding officer in convening a general court-martial or a special…
R.C.M. 303 — Preliminary inquiry into reported offenses (1(17))
Except for covered offenses as defined by Article 1(17), upon receipt of information that a member of the command is accused or suspected of committing an offense…
Discussion under R.C.M. 303 — Preliminary inquiry into reported offenses (1(9))
…attention of appropriate authorities. See also R.C.M. 702 (depositions). A person who is an accuser ( see Article 1(9)) is disqualified from convening a general or special court-martial in that case. See R.C.M. 504(c)(1).…
Discussion under R.C.M. 307(a) — Preferral of charges (1(9))
…oath. See Article 30(a) and R.C.M. 307(b). A person who has been the accuser or nominal accuser ( see Article 1(9)) may not also serve as the convening authority of a general or special court-martial to which the charges…
Discussion under R.C.M. 401(a) — Forwarding and disposition of charges in general (1(9))
…if major or minor changes to the charges are necessary after preferral. If a commander is an accuser ( see Article 1(9); R.C.M. 307(a)) that commander is ineligible to refer such charges to a general or special court-martial.…
Discussion under R.C.M. 504(c)(1) — Convening courts-martial (1(9))
See also Article 1(9); R.C.M. 307(a), 601(c). But see R.C.M. 1302(b) (accuser may convene a summary court-martial).
…in the same case except when they have acted as accuser. For a definition of “accuser,” see Article 1(9). A convening authority who is disqualified may forward the charges and allied papers for disposition by…
Military Rules of Evidence
Mil. R. Evid. 502(b)(2) — Lawyer-client privilege
…Forces serving in a capacity other than as a judge advocate, legal officer, or law specialist as defined in Article 1, unless the member:
UCMJ Punitive Articles
Article 89, ¶ 15.c.(1) — Disrespect toward superior commissioned officer; assault of superior commissioned officer (1(5))
Superior Commissioned Officer. See 10 U.S.C. § 801(5) (“The term ‘superior commissioned officer’ means a commissioned officer superior in rank or…
Article 123, ¶ 69.c.(3) — Offenses concerning Government computers (1(15))
Classified Information. See 10 U.S.C. § 801(15).
Article 1 cites

Provisions named in the text of Article 1. Where the cited provision is on this site, the link opens it.