JP 1, Doctrine for the Armed Forces of the United States - Defense ...

Chapter IV
b. One Service Involved. Matters that involve only one Service should be handled by
the Service component commander, subject to Service regulations. A Service member is
vested with a hierarchy of rights. From greatest to least, these are: the US Constitution, the
UCMJ, departmental regulations, Service regulations, and the common law. JFCs must
ensure that an accused Service member’s rights are not abridged or trampled. National
Guard members operating under Title 32, USC, or state active duty status are subject to their
respective state’s jurisdiction.
c. A commander’s UCMJ jurisdiction may extend over persons serving with or
accompanying the Armed Forces of the United States during military operations in
accordance with UCMJ Article 2 (Title 10, USC, Section 802). Criminal matters falling
outside UCMJ jurisdiction may be managed under Title 18, USC, Sections 3261–3267 (also
known as the Military Extraterritorial Jurisdiction Act).
For further information on appropriate procedures for exercising criminal jurisdiction over
civilians employed by or accompanying the force, see DODI 5525.11, Criminal Jurisdiction
Over Civilians Employed By or Accompanying the Armed Forces Outside the United States,
Certain Service Members, and Former Service Members.
14. Trial and Punishment
a. Convening Courts-Martial. General courts-martial may be convened by the CCDR.
An accused may be tried by any courts-martial convened by a member of a different Service
when the courts-martial is convened by a JFC who has been specifically empowered by
statute, the President, SecDef, or a superior commander under the provisions of the RCM
(201[e][2] of the MCM) to refer such cases for trial by courts-martial.
b. Post-Trial and Appellate Processing. When a court-martial is convened by a JFC,
the convening authority may take action on the sentence and the findings as authorized by
the UCMJ and MCM. If the convening authority is unable to take action, the case will be
forwarded to an officer exercising general court-martial jurisdiction. Following convening
authority action, the review and appeals procedures applicable to the accused’s Service will
be followed.
c. Nonjudicial Punishment. The JFC may impose nonjudicial punishment upon any
military personnel of the command, unless such authority is limited or withheld by a superior
commander. The JFC will use the regulations of the alleged offender’s Service when
conducting nonjudicial punishment proceedings, including punishment, suspension,
mitigation, and filing. However, the JFC should normally allow nonjudicial punishment
authority to be exercised by the appropriate Service component commander. Except as noted
below, appeals and other actions involving review of nonjudicial punishment imposed by a
JFC will follow the appropriate regulations of the alleged offender’s Service. When the
CCDR personally imposes nonjudicial punishment, or is otherwise disqualified from being
the appellate authority, appeals will be forwarded to the CJCS for appropriate action by
SecDef or SecDef designee. Collateral decisions and processing (e.g., personnel and finance
actions and unfavorable notations in selection records and personnel files) will be handled in
Service channels.
IV-20 JP 1