Any person subject to this chapter who—

is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or

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.

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;

That the accused knew that the accused was charged with this duty;

That delay occurred in the disposition of the case;

That the accused was responsible for the delay; and

That, under the circumstances, the delay was unnecessary.

That the accused failed to enforce or comply with a certain provision of the UCMJ regulating a proceeding before, during, or after a trial;

That the accused had the duty of enforcing or complying with that provision of the UCMJ;

That the accused knew that the accused was charged with this duty; and

That the accused’s failure to enforce or comply with that provision was intentional.

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.

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.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sample specification s.

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 _____) (_____).

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) __________.