Subchapter VI · Pre-trial Procedure
Article 33. Disposition guidance
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (3)The President shall direct the Secretary of Defense to issue, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title (articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Government with respect to disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.
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MCM Appendix 2.1 — Disposition Guidance
App. 2.1, ¶ 1 — In General
…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.
App. 2.1, ¶ 1.4 — In General
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…
App. 2.1, ¶ 3 — Special Considerations
Analysis This appendix implements Article 33, UCMJ, as amended by Section 5204 of the Military Justice Act of 2016, Division E of the National Defense…
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