Summary of changes
R.C.M. 104 — Command influence
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
2 amended
4 added
1 removed
33 unchanged
8 authority-backed edits · recorded
2026-07-14 – 2026-07-14
Authorities behind these changes
- Exec. Order 14130 (Dec. 20, 2024) · Executive Order, eff. 2024-12-20 · 8 changes
Showing every provision.
Provisions
104(a)
unchanged
Original text
General prohibitions.
Current text
General prohibitions.
104(a)(1)
unchanged
Original text
Convening authorities and commanders.
Current text
Convening authorities and commanders.
104(a)(1)(A)
unchanged
Original text
No court-martial convening authority, nor any other commanding officer, may censure, reprimand, or admonish a court-martial or other military tribunal or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court-martial or tribunal, or with respect to any other exercise of the functions of the court-martial or tribunal or such persons in the conduct of the proceedings.
Current text
No court-martial convening authority, nor any other commanding officer, may censure, reprimand, or admonish a court-martial or other military tribunal or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court-martial or tribunal, or with respect to any other exercise of the functions of the court-martial or tribunal or such persons in the conduct of the proceedings.
104(a)(1)(B)
unchanged
Original text
No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence.
Current text
No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence.
104(a)(2)
amended
text identical
Version history
Original text
Scope.
Current text
Scope.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (b) R.C.M. 104(a)(3) is redesignated as R.C.M. 104(a)(2) | admin |
104(a)(2)(A)
amended
Version history
Original text
Instructions.
Paragraphs (a)(1) and (2) of this rule do not prohibit general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing personnel of a command in the substantive and procedural aspects of courts-martial.
Current text
Instructions.
Nothing in this rule prohibits general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing personnel of a command in the substantive and procedural aspects of courts-martial.
All changes since the original (removed / added)
Instructions.
Paragraphs (a)(1) and (2)Nothing ofin this rule do not prohibitprohibits general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing personnel of a command in the substantive and procedural aspects of courts-martial.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (c) R.C.M. 104(a)(2)(A), as redesignated by Section 1(b) of this annex, is amended to read as follows: “(A) Nothing in this rule prohibits general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing personnel of a command in the substantive and procedural aspects of courts-martial.” | admin |
Instructions. |
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104(a)(2)(B)
unchanged
Original text
Court-martial statements.
Paragraphs (a)(1) and (2) of this rule do not prohibit statements and instructions given in open session by the military judge or counsel.
Current text
Court-martial statements.
Paragraphs (a)(1) and (2) of this rule do not prohibit statements and instructions given in open session by the military judge or counsel.
104(a)(2)(C)
unchanged
Original text
Professional supervision.
Paragraphs (a)(1) and (2) of this rule do not prohibit action by the Judge Advocate General concerned under R.C.M. 109.
Current text
Professional supervision.
Paragraphs (a)(1) and (2) of this rule do not prohibit action by the Judge Advocate General concerned under R.C.M. 109.
104(a)(2)(D)
unchanged
Original text
Offense.
Paragraphs (a)(1) and (2) of this rule do not prohibit appropriate action against a person for an offense committed while detailed as a military judge, counsel, or member of a court-martial, or while serving as individual counsel.
Current text
Offense.
Paragraphs (a)(1) and (2) of this rule do not prohibit appropriate action against a person for an offense committed while detailed as a military judge, counsel, or member of a court-martial, or while serving as individual counsel.
104(a)(2)(E)
unchanged
Original text
General statements regarding criminal activity or offenses.
Paragraphs (a)(1) and (2) of this rule do not prohibit statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, do not advocate a particular court-martial finding or sentence, and do not relate to a particular accused.
Current text
General statements regarding criminal activity or offenses.
Paragraphs (a)(1) and (2) of this rule do not prohibit statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, do not advocate a particular court-martial finding or sentence, and do not relate to a particular accused.
104(b)
unchanged
Original text
Communication between superiors and subordinates.
Current text
Communication between superiors and subordinates.
104(b)(1)
unchanged
Original text
A superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of the UCMJ with a subordinate convening authority or officer, and a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under the UCMJ.
Current text
A superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of the UCMJ with a subordinate convening authority or officer, and a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under the UCMJ.
104(b)(2)
unchanged
Original text
All persons subject to the UCMJ.
No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, attempt to influence the action of:
Current text
All persons subject to the UCMJ.
No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, attempt to influence the action of:
104(b)(2)(A)
unchanged
Original text
a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any case; or
Current text
a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any case; or
104(b)(2)(B)
unchanged
Original text
any preliminary hearing officer or convening, referral, approving, or reviewing authority with respect to such preliminary hearing officer’s or authority’s acts concerning the following:
Current text
any preliminary hearing officer or convening, referral, approving, or reviewing authority with respect to such preliminary hearing officer’s or authority’s acts concerning the following:
104(b)(2)(B)(i)
unchanged
Original text
any decision to place a service member into pretrial confinement;
Current text
any decision to place a service member into pretrial confinement;
104(b)(2)(B)(ii)
unchanged
Original text
disposition decisions;
Current text
disposition decisions;
104(b)(2)(B)(iii)
unchanged
Original text
rulings on pre-referral matters;
Current text
rulings on pre-referral matters;
104(b)(2)(B)(iv)
unchanged
Original text
findings at a preliminary hearing;
Current text
findings at a preliminary hearing;
104(b)(2)(B)(v)
unchanged
Original text
convening a court-martial;
Current text
convening a court-martial;
104(b)(2)(B)(vi)
unchanged
Original text
decisions concerning plea agreements;
Current text
decisions concerning plea agreements;
104(b)(2)(B)(vii)
unchanged
Original text
selecting members;
Current text
selecting members;
104(b)(2)(B)(viii)
unchanged
Original text
decisions concerning witness requests;
Current text
decisions concerning witness requests;
104(b)(2)(B)(ix)
unchanged
Original text
taking action on the findings or sentence;
Current text
taking action on the findings or sentence;
104(b)(2)(B)(x)
unchanged
Original text
taking action on any clemency or deferment request; or
Current text
taking action on any clemency or deferment request; or
104(b)(2)(B)(xi)
unchanged
Original text
any appellate or post-trial review of a case.
Current text
any appellate or post-trial review of a case.
104(b)(2)(B)(xi)|D
unchanged
Original text
See also Article 37(d)(2) (“Except as provided in paragraph (1) [Article 37(d)(1)] or as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.”)
Current text
See also Article 37(d)(2) (“Except as provided in paragraph (1) [Article 37(d)(1)] or as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.”)
104(b)(3)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.
All changes since the original (removed / added)
No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.
Step-by-step: 2 recorded edits
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (d) A new R.C.M. 104(b)(3) is inserted immediately after R.C.M. 104(b)(2) to read as follows: “(3) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.” | admin |
No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer. |
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| v2 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (d) A new R.C.M. 104(b)(3) is inserted immediately after R.C.M. 104(b)(2) to read as follows: “(3) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.” | admin |
104(c)
unchanged
Original text
Prohibitions concerning evaluations.
Current text
Prohibitions concerning evaluations.
104(c)(1)
unchanged
Original text
Evaluation of members, defense counsel, and special victims’ counsel.
In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the armed forces, or in determining whether a member of the armed forces should be retained on active duty, no person subject to the UCMJ may:
Current text
Evaluation of members, defense counsel, and special victims’ counsel.
In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the armed forces, or in determining whether a member of the armed forces should be retained on active duty, no person subject to the UCMJ may:
104(c)(1)(A)
unchanged
Original text
Consider or evaluate the performance of duty of any such person as a member of a court-martial; or
Current text
Consider or evaluate the performance of duty of any such person as a member of a court-martial; or
104(c)(1)(B)
unchanged
Original text
Give a less favorable rating or evaluation of any defense counsel or special victims’ counsel because of the zeal with which such counsel represented any client. As used in this rule, “special victims’ counsel” are judge advocates and civilian counsel, who, in accordance with 10 U.S.C. § 1044e, are designated as Special Victims’ Counsel.
Current text
Give a less favorable rating or evaluation of any defense counsel or special victims’ counsel because of the zeal with which such counsel represented any client. As used in this rule, “special victims’ counsel” are judge advocates and civilian counsel, who, in accordance with 10 U.S.C. § 1044e, are designated as Special Victims’ Counsel.
104(c)(1)(B)|D
unchanged
Original text
For evaluations of military judges, see generally Article 26(c) and Article 37. R.C.M. 104(c)(1)(B) applies when the counsel in question has been detailed, assigned, or authorized to represent the client as a defense or special victims’ counsel. Nothing in this rule prohibits supervisors from taking appropriate action for violations of ethical, procedural, or other rules, or for conduct outside the scope of representation. “Special victims’ counsel,” as used in R.C.M. 104(c)(1)(B), includes victims’ legal counsel within the Navy and Marine Corps and victims’ counsel within the Department of the Air Force. See paragraph 87 of Part IV concerning prosecuting violations of Article 37 under Article 131f.
Current text
For evaluations of military judges, see generally Article 26(c) and Article 37. R.C.M. 104(c)(1)(B) applies when the counsel in question has been detailed, assigned, or authorized to represent the client as a defense or special victims’ counsel. Nothing in this rule prohibits supervisors from taking appropriate action for violations of ethical, procedural, or other rules, or for conduct outside the scope of representation. “Special victims’ counsel,” as used in R.C.M. 104(c)(1)(B), includes victims’ legal counsel within the Navy and Marine Corps and victims’ counsel within the Department of the Air Force. See paragraph 87 of Part IV concerning prosecuting violations of Article 37 under Article 131f.
104(c)(2)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
Evaluation of military judge.
All changes since the original (removed / added)
Evaluation of military judge.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | admin | |
Evaluation of military judge. |
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104(c)(2)(A)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
General courts-martial.
Unless the general court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of the convening authority’s staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge detailed to a general court-martial that relates to the performance of duty as a military judge.
All changes since the original (removed / added)
General courts-martial.
Unless the general court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of the convening authority’s staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge detailed to a general court-martial that relates to the performance of duty as a military judge.
Unless the general court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of the convening authority’s staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge detailed to a general court-martial that relates to the performance of duty as a military judge.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | admin | |
General courts-martial. Unless the general court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of the convening authority’s staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge detailed to a general court-martial that relates to the performance of duty as a military judge. |
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104(c)(2)(B)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
Special courts-martial.
The convening authority may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to a special court-martial that relates to the performance of duty as a military judge. When the military judge is normally rated or the military judge’s report is reviewed by the convening authority, the manner in which such military judge will be rated or evaluated upon the performance of duty as a military judge may be as prescribed in regulations of the Secretary concerned, which shall ensure the absence of any command influence in the rating or evaluation of the military judge’s judicial performance.
All changes since the original (removed / added)
Special courts-martial.
The convening authority may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to a special court-martial that relates to the performance of duty as a military judge. When the military judge is normally rated or the military judge’s report is reviewed by the convening authority, the manner in which such military judge will be rated or evaluated upon the performance of duty as a military judge may be as prescribed in regulations of the Secretary concerned, which shall ensure the absence of any command influence in the rating or evaluation of the military judge’s judicial performance.
The convening authority may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to a special court-martial that relates to the performance of duty as a military judge. When the military judge is normally rated or the military judge’s report is reviewed by the convening authority, the manner in which such military judge will be rated or evaluated upon the performance of duty as a military judge may be as prescribed in regulations of the Secretary concerned, which shall ensure the absence of any command influence in the rating or evaluation of the military judge’s judicial performance.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | admin | |
Special courts-martial. The convening authority may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to a special court-martial that relates to the performance of duty as a military judge. When the military judge is normally rated or the military judge’s report is reviewed by the convening authority, the manner in which such military judge will be rated or evaluated upon the performance of duty as a military judge may be as prescribed in regulations of the Secretary concerned, which shall ensure the absence of any command influence in the rating or evaluation of the military judge’s judicial performance. |
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104(d)
unchanged
Original text
Command discretion.
Current text
Command discretion.
104(d)(1)
unchanged
Original text
A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally.
Current text
A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally.
104(d)(2)
unchanged
Original text
Except as provided in paragraph (d)(1) of this rule or as otherwise authorized under the UCMJ, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has the authority to dispose of the offenses.
Current text
Except as provided in paragraph (d)(1) of this rule or as otherwise authorized under the UCMJ, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has the authority to dispose of the offenses.
Provisions removed since the original
104(a)(2)
removed since original
Version history
Original text
Not in the original text — this provision was added later.
Text when removed
No longer in the current text.
All persons subject to the UCMJ.
No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any preliminary hearing officer or convening, approving, or reviewing authority with respect to such preliminary hearing officer’s or authority’s acts concerning the following: any decision to place a Servicemember into pretrial confinement; disposition decisions; rulings on pre-referral matters; findings at a preliminary hearing; convening a court-martial; decisions concerning plea agreements; selecting members; decisions concerning witness requests; taking action on any clemency or deferment request; or any appellate or post-trial review of a case.
All changes since the original (removed / added)
All persons subject to the UCMJ.
No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any preliminary hearing officer or convening, approving, or reviewing authority with respect to such preliminary hearing officer’s or authority’s acts concerning the following: any decision to place a Servicemember into pretrial confinement; disposition decisions; rulings on pre-referral matters; findings at a preliminary hearing; convening a court-martial; decisions concerning plea agreements; selecting members; decisions concerning witness requests; taking action on any clemency or deferment request; or any appellate or post-trial review of a case.
No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any preliminary hearing officer or convening, approving, or reviewing authority with respect to such preliminary hearing officer’s or authority’s acts concerning the following: any decision to place a Servicemember into pretrial confinement; disposition decisions; rulings on pre-referral matters; findings at a preliminary hearing; convening a court-martial; decisions concerning plea agreements; selecting members; decisions concerning witness requests; taking action on any clemency or deferment request; or any appellate or post-trial review of a case.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-14 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 104(a)(2) is deleted. | admin |
All persons subject to the UCMJ. No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any preliminary hearing officer or convening, approving, or reviewing authority with respect to such preliminary hearing officer’s or authority’s acts concerning the following: any decision to place a Servicemember into pretrial confinement; disposition decisions; rulings on pre-referral matters; findings at a preliminary hearing; convening a court-martial; decisions concerning plea agreements; selecting members; decisions concerning witness requests; taking action on any clemency or deferment request; or any appellate or post-trial review of a case. |
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“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.