2008 edition - Fort Sam Houston - U.S. Army

1981–January 1984 (Chairman, July 1981–September 1982); Captain
Edward M. Byrne, USN, 1980–July 1981 (Chairman through
S e p t e m b e r 1 9 8 0 ) ; C a p t a i n J o h n J . G r e g o r y , U S N , J u l y
1 9 8 1 – J a n u a r y 1 9 8 4 ; C o l o n e l R i c h a r d T . Y e r y U S A F ,
1 9 8 0 – M a r c h 1 9 8 2 ; C o l o n e l J o h n E . H i l l i a r d , U S A F , M a r c h
1 9 8 2 – O c t o b e r 1 9 8 3 ( C h a i r m a n , O c t o b e r 1 9 8 2 – O c t o b e r 1 9 8 3 ) ;
Colonel Thomas L. Hemingway, USAF, October 1983-January
1984 (Chairman, October 1983–January 1984); Lieutenant Colonel
A.F. Mielczarski, USMC, 1980–July 1982; Lieutenant Colonel
G.W. Bond, USMC, July 1982–October 1982, Lieutenant
Colonel Gary D. Solis, USMC, October 1982–March 1983; Lieutenant
Colonel George Lange, III, USMC, June 1983–January
1984; Commander William H. Norris, USCG, 1980–August 1981;
Commander Thomas B. Snook, USCG, August 1981–September
1 9 8 3 ; C a p t a i n W i l l i a m B . S t e i n b a c h , U S C G , O c t o b e r
1983–January 1984; and Mr. Robert H. Mueller of the Court of
Military Appeals (1980–January 1984).
In the summer of 1980, Commander James E. Pinnell, USN,
and Major Frederic I. Lederer, USA, prepared an initial outline of
the new Manual.
Drafting was done by the Working Group of the Joint-Service
Committee on Military Justice. Since September 1980, when the
drafting process began, the Working Group consisted of: Major
John S. Cooke, USA (Chairman); Commander James E. Pinnell,
U S N ; L i e u t e n a n t C o l o n e l R i c h a r d R . J a m e s , U S A F
( 1 9 8 0 – D e c e m b e r 1 9 8 2 ) ; L i e u t e n a n t C o l o n e l R o b e r t L e o n a r d ,
USAF (December 1982 to January 1984); Major Jonathan R.
Rubens, USMC; and Mr. John Cutts, and Mr. Robert Mueller of
t h e s t a f f o f t h e C o u r t o f M i l i t a r y A p p e a l s . M r . F r a n c i s X .
Gindhart and Mr. Jack McKay of the staff of the Court of Military
Appeals also participated early in the drafting process. Clerical
support was provided by the Court of Military Appeals. In this
regard, Mrs. Gail L. Bissi has been instrumental in the success of
this project.
The Working Group drafted the Manual in fourteen increments.
Each increment was circulated by each service to various field
offices for comment. Following such comment, each increment
was reviewed in the respective offices of the Judge Advocate
General, the Director, Judge Advocate Division, Headquarters,
USMC, and the Chief Counsel, USCG, and in the Court of Military
Appeals. Following such review, the Joint-Service Committee
met and took action on each increment. After all increments
had been reviewed and approved, the Code Committee approved
the draft. At this time the Code Committee consisted of Chief
Judge Robinson O. Everett, Judge William H. Cook, and Judge
Albert B. Fletcher, of the Court of Military Appeals; Rear Admiral
James J. McHugh, the Judge Advocate General, USN; Major
General Hugh J. Clausen, The Judge Advocate General, USA;
Major General Thomas Bruton, The Judge Advocate General,
USAF; and Rear Admiral Edward Daniels, Chief Counsel, USCG.
Brigadier General William H. J. Tiernan, USMC, also sat as an ex
officio member.
Following approval by the Code Committee, the draft was
made available for comment by the public. 48 Fed. Reg. 23688
(May 26, 1983). In September and October 1983, the comments
were reviewed. The Working Group prepared numerous modifications
in the draft based on comments from the public and from
within the Department of Defense, and on judicial decisions and
other developments since completion of the draft. In October
A21-2
APPENDIX 21
1983, the Joint-Service Committee approved the draft for forwarding
to the General Counsel, Department of Defense, for submiss
i o n t o t h e P r e s i d e n t a f t e r c o o r d i n a t i o n b y t h e O f f i c e o f
Management and Budget.
On November 18, 1983, Congress passed the Military Justice
Act of 1983. This act was signed into law by the President on
December 6, 1983, Pub. L. No. 98–209, 97 Stat. 1393 (1983).
The Working Group had previously drafted proposed modifications
to the May 1983 draft which would be necessary to implement
the act. These proposed modifications were approved by the
Joint-Service Committee in November 1983 and were made available
to the public for comment in December 1983. 48 Fed. Reg.
54263 (December 1, 1983). These comments were reviewed and
modifications made in the draft by the Working Group, and the
Joint-Service Committee approved these changes in January 1984.
The draft of the complete Manual and the proposed executive
order were forwarded to the General Counsel, Department of
Defense in January 1984. These were reviewed and forwarded to
the Office of Management and Budget in January 1984. They
were reviewed in the Departments of Justice and Transportation.
The Executive Order was finally prepared for submission to the
President, and the President signed it on 13 April 1984.
A note on citation form. The drafters generally have followed
theUniform System of Citation (13th ed. 1981), copyrighted by
the Columbia, Harvard, and University of Pennsylvania Law Reviews
and the Yale Law Journal, subject to the following.
This edition of the Manual for Courts-Martial is referred to
generally as “this Manual.” The Rules for Courts-Martial are
cited, e.g., as R.C.M. 101. The Military Rules of Evidence are
cited, e.g., as Mil. R. Evid. 101. Other provisions of this Manual
are cited to the applicable part and paragraph, e.g., MCM, Part V,
paragraph 1a(1) (1984).
The previous edition of the Manual for Courts-Martial will be
referred to as “MCM, 1969 (Rev.).” Except as otherwise noted,
this includes Exec. Order No. 11476, 34 Fed. Reg. 10,502 (1969),
as amended by Exec. Order No. 11835, 40 Fed. Reg. 4,247
(1975); Exec. Order No. 12018, 42 Fed. Reg. 57,943 (1977);
Exec. Order No. 12198, 45 Fed. Reg.16,932 (1980); Exec. Order
No. 12223, 45 Fed. Reg. 58,503 (1980); Exec. Order No. 12306,
46 Fed. Reg. 29,693 (1981); Exec. Order No. 12315, 46 Fed.
Reg. 39,107 (1981); Exec. Order No. 12340, 47 Fed. Reg. 3,071
(1982); Exec. Order No. 12383, 47 Fed. Reg. 42,317 (1982), and
Executive Order No. 12460, Fed. Reg. (1984). Earlier editions of
the Manual for Courts-Martial, will be identified by a complete
citation.
The Uniform Code of Military Justice, 10 U.S.C. Sections
801–940, as amended by the Military Justice Act of 1983, Pub. L.
No. 98–209, 97 Stat. 1393 will be cited as follows:
Each individual section is denominated in the statute as an
“Article” and will be cited to the corresponding Article. E.g., 10
U.S.C. Section 801 will be cited as “Article 1”; 10 U.S.C. Section
802 will be cited as “Article 2”; 10 U.S.C. Section 940 will be
cited as “Article 140”. The entire legislation, Articles 1 through
140, will be referred to as “the Code” or “the UCMJ” without
citation to the United States Code. When a change from MCM,
1969 (Rev.) is based on the Military Justice Act of 1983, Pub. L.
No. 98–209, 97 Stat, 1393 (1983), this will be noted in the
analysis, with citation to the appropriate section of the act. When