Summary of changes
Article 25 — Who may serve on courts-martial
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 Article in one view.
4 amended
1 added
1 removed
14 unchanged
5 authority-backed edits · recorded
2026-07-11 – 2026-07-11
Authorities behind these changes
- Exec. Order 14130 (Dec. 20, 2024) · Executive Order, eff. 2024-12-20 · 1 change
- Public Law No. 118-31 (NDAA 2024) · Public Law, eff. 2023-12-23 · 4 changes
Showing every provision.
Provisions
25(a)
unchanged
Original text
Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
Current text
Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
25(b)
unchanged
Original text
Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
Current text
Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
25(c)
unchanged
Original text
Current text
25(c)(1)
unchanged
Original text
Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.
Current text
Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.
25(c)(2)
unchanged
Original text
Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—
Current text
Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—
25(c)(2)(A)
unchanged
Original text
the membership of the court-martial be comprised entirely of officers; or
Current text
the membership of the court-martial be comprised entirely of officers; or
25(c)(2)(B)
unchanged
Original text
enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
Current text
enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
25(c)(3)
unchanged
Original text
Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
Current text
Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
25(c)(4)
unchanged
Original text
If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.
Current text
If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.
25(d)
unchanged
Original text
Current text
25(d)(1)
amended
Version history
Original text
Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.
Current text
Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members shall be sentenced by the military judge.
All changes since the original (removed / added)
Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase,shall request,be orallysentenced onby the record or in writing, sentencing bymilitary members.judge.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–31 § 531(b)(2) (eff. Dec. 23, 2024) removed the accused's member-sentencing election. | admin |
Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members |
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25(d)(2)
amended
Version history
Original text
In a capital case, the accused shall be sentenced by the members for all offenses for which the court-martial may sentence the accused to death in accordance with section 853(c) of this title (article 53(c)).
Current text
In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).
All changes since the original (removed / added)
In a capital case, if the accused shall be sentenced by theis membersconvicted forof allan offensesoffense for which the court-martial may sentence the accused to deathdeath, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–31 § 531(b)(2) conforming change. | admin |
In a capital case, if the accused |
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25(d)(3)
unchanged
Original text
In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
Current text
In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
25(e)
unchanged
Original text
Current text
25(e)(1)
amended
Version history
Original text
When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to him in rank or grade.
Current text
When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to the member being tried in rank or grade.
All changes since the original (removed / added)
When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to himthe member being tried in rank or grade.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–31 § 531(b)(2) gender-neutral revision. | admin |
When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to |
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25(e)(2)
amended
Version history
Original text
When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or as counsel in the same case.
Current text
When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or as counsel in the same case.
All changes since the original (removed / added)
When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in histhe opinion,opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when hethe member is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or as counsel in the same case.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–31 § 531(b)(2) gender-neutral revision. | admin |
When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in |
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25(e)(3)
unchanged
Original text
The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).
Current text
The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).
25(e)(4)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.
All changes since the original (removed / added)
When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-11 | Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) | Added by Pub. L. 117–263 § 543(a), implemented by Exec. Order 14130 (Dec. 20, 2024). | admin |
When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable. |
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25(f)
unchanged
Original text
Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary concerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.
Current text
Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary concerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.
Provisions removed since the original
25(f)|N
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.
Office of Law Revision Counsel, United States Code, 10 U.S.C. 825:Art. 25. Who may serve on courts-martial (Sep. 13, 2023, 5:24 PM)(https://uscode.house.gov (go to “Jump to” and insert “10” in “Title”and “825” in “Section”)) provides:“Pub. L. 117-263, div. A. title V, § 543(a), (b), Dec. 23, 2022, 136Stat. 2582, provided that, effective on the date that is two years afterDec. 23, 2022, and applicable with respect to courts-martialconvened on or after that date, section (e) of this section is amendedby adding at the end the following new paragraph:(4) When convening a court-martial, the convening authorityshall detail as members thereof members of the armed forces undersuch regulations as the President may prescribe for the randomizedselection of qualified personnel, to the maximum extent practicable.”
All changes since the original (removed / added)
Office of Law Revision Counsel, United States Code, 10 U.S.C. 825:Art. 25. Who may serve on courts-martial (Sep. 13, 2023, 5:24 PM)(https://uscode.house.gov (go to “Jump to” and insert “10” in “Title”and “825” in “Section”)) provides:“Pub. L. 117-263, div. A. title V, § 543(a), (b), Dec. 23, 2022, 136Stat. 2582, provided that, effective on the date that is two years afterDec. 23, 2022, and applicable with respect to courts-martialconvened on or after that date, section (e) of this section is amendedby adding at the end the following new paragraph:(4) When convening a court-martial, the convening authorityshall detail as members thereof members of the armed forces undersuch regulations as the President may prescribe for the randomizedselection of qualified personnel, to the maximum extent practicable.”
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-11 | no authority cited | admin | |
Office of Law Revision Counsel, United States Code, 10 U.S.C. 825:Art. 25. Who may serve on courts-martial (Sep. 13, 2023, 5:24 PM)(https://uscode.house.gov (go to “Jump to” and insert “10” in “Title”and “825” in “Section”)) provides:“Pub. L. 117-263, div. A. title V, § 543(a), (b), Dec. 23, 2022, 136Stat. 2582, provided that, effective on the date that is two years afterDec. 23, 2022, and applicable with respect to courts-martialconvened on or after that date, section (e) of this section is amendedby adding at the end the following new paragraph:(4) When convening a court-martial, the convening authorityshall detail as members thereof members of the armed forces undersuch regulations as the President may prescribe for the randomizedselection of qualified personnel, to the maximum extent practicable.” |
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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.