Subchapter XI · Miscellaneous Provisions
Article 136. Authority to administer oaths
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (3)(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice:
(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 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 president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.
(2) The president and the 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 armed forces or by statute.
(c) Each judge and senior judge of the United States Court of Appeals for the Armed Forces shall have the powers relating to oaths, affirmations, and acknowledgments provided to justices and judges of the United States by section 459 of title 28.
Cross-referencesCited by 3
Cited by
Provisions elsewhere in the Manual whose text cites Article 136. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 307(b)(3) — Preferral of charges
See Article 136 for authority to administer oaths. The following form may be used to administer the oath: “You (swear)…
See Article 136 concerning persons authorized to administer oaths. When the oath is administered in a session to the…
UCMJ Punitive Articles
Article 107, ¶ 41.c.(2)(b) — False official statements; false swearing
Oath. See Article 136 and R.C.M. 807 as to the authority to administer oaths, and see Section IX of Part III (Military Rules of…