What is the UCMJ Article 39?

Article 39 of the Uniform Code of Military Justice (UCMJ) states that a pretrial hearing must be conducted by a military judge whenever there is an indication that a charge of misconduct or violation of the Code has been brought against a service member. This hearing is known as an Article 39(a) hearing, and its purpose is to determine the appropriate course of action for the service member. The hearing may be held by the convening authority (usually the base commander) or by a court-martial. At the Article 39(a) hearing, both the prosecution and the defense will have a chance to be heard. The military judge will also consider any evidence or testimony presented by either side. The judge will then weigh the evidence and arrive at a decision. Depending on the circumstances, the judge may decide to drop the charges, dismiss them, or refer them to the court-martial. If a service member is found guilty at the Article 39(a) hearing, the court-martial may decide to impose a sentence such as imprisonment, a fine, a dishonorable discharge, or other punitive action. Alternatively, the court-martial may also elect to take no action. The UCMJ Article 39(a) hearing is an important step in the military justice process, as it provides a chance for the service member to be heard and to present evidence or testimony for his or her defense. Thus, it is important to have a thorough understanding of the military justice system before going to a court-martial.

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What is the UCMJ Article 39?

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