U.S. Code
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Title 10
» Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER VI— PRE-TRIAL PROCEDURE
10 U.S.C. § 830
Art. 30. Charges and specifications
(a)In General.—Charges and specifications—(1) may be preferred only by a person subject to this chapter; and(2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.(b)Required Content.—The writing under subsection (a) shall state that—(1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and(2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.(c)Duty of Proper Authority.—When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—(1) inform the person accused of the charges and specifications; and(2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 114–328, div. E, title LVI, § 5201, Dec. 23, 2016, 130 Stat. 2904.)In subsection (a), the word “they” is substituted for the words “the same”. The word “commissioned” is inserted for clarity.
Editorial NotesAmendments2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows:
“(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state—
“(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and
“(2) that they are true in fact to the best of his knowledge and belief.
“(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.”
Statutory Notes and Related SubsidiariesEffective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Timely Disposition of Nonprosecutable Sex-Related OffensesPub. L. 116–92, div. A, title V, § 540C, Dec. 20, 2019, 133 Stat. 1366, provided that:“(a)Policy Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses.“(b)Nonprosecutable Sex-related Offense Defined.—In this section, the term ‘nonprosecutable sex-related offense’ means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense.”
Notes of Decisions
United States v. MacDonald, 435 U.S. 850 (1978).
“30 of the Uniform Code of Military Justice (UCMJ), 10 U. S. C. § 830 , the Army charged respondent with the murders.”
United States v. Mapes, 59 M.J. 60 (C.A.A.F. 2003).
· cites it 2× “) nor Article 30, Uniform Code of Military Justice, 10 U.S.C. § 830 (2000), specifically provides that the standard for preferral is probable cause, this Court has held that probable cause is required when an individual swears the charges are true to the best of his knowledge…”
United States v. Hamilton, 41 M.J. 32 (1994).
· cites it 2× “30(a)(2), UCMJ, 10 USC § 830 (a)(2). Accordingly, “[n]o person may be ordered to prefer charges” which that person does not believe are warranted.”
United States v. Jeffrey R. MacDonald, 531 F.2d 196 (4th Cir. 1976).
· cites it 2× “§ 830 , provides: “(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— (1) that the signer has personal knowledge of, or has investigated,…”
United States v. Baker, 14 M.J. 361 (1983).
“Article 30(a), UCMJ, 10 U.S.C. § 830 (a). Yet the decision to prosecute a service member is made by a convening authority with advice from his staff judge advocate when he refers these charges to court-martial.”
State v. Morley, 952 P.2d 167 (Wash. 1998).
“§ 809 (d)); a person arrested or confined has the right to be informed of the accusations brought against him and the right to speedy resolution of those charges ( 10 U.S.C. §§ 830 (b) and 810); an accused has a right to competent counsel ( 10 U.”
United States v. Ezell, 6 M.J. 307 (1979).
“Article 30(b), Uniform Code of Military Justice, 10 U.S.C. § 830 (b). . See for example Parker v.”
United States v. Douse, 12 M.J. 473 (1982).
· cites it 2× “See Article 30(b), UCMJ, 10 U.S.C. § 830 (b). Mr. Felix Larkin, Chairman of the working group that developed the Uniform Code bill for the Morgan Committee on the Uniform Code of Military Justice, advised the House Subcommittee, that an accused may be absent from the command,…”
United States v. Kirsch, 15 C.M.A. 84 (1964).
· cites it 3× “” Article 30(b), Code, supra, 10 USC §830 . Paragraph 32d of the Manual for Courts-Martial, supra, elaborates upon the extent of this power.”
United States v. McGraner, 13 M.J. 408 (1982).
“Finally, the judge considered a defense motion to dismiss the charges for failure to comply with Article 30(b) of the Uniform Code of Military Justice, 10 U.S.C. § 830 (b), which directs: Upon the preferring of charges, the proper authority shall take immediate steps to…”
United States v. Maresca, 28 M.J. 328 (1989).
· cites it 2× “Article 30(b), UCMJ, 10 USC § 830 (b), provides: Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the *330…”
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