10 U.S.C. § 937

Art. 137. Articles to be explained

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar

(a)Enlisted Members.—(1) The sections (articles) of this chapter specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within fourteen days after)—(A) the member’s initial entrance on active duty;(B) the member’s initial entrance into a duty status with a reserve component; or(C) the member’s initial entrance on active duty or into a space force active status.(2) Such sections (articles) shall be explained again—(A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruit training;(B) after a member of the Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and(C) at the time when the member reenlists.(3) This subsection applies with respect to sections 802, 803, 807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).(b)Officers.—(1) The sections (articles) of this chapter specified in paragraph (2) shall be carefully explained to each officer at the time of (or within six months after)—(A) the initial entrance of the officer on active duty as an officer; or(B) the initial commissioning of the officer in a reserve component or the Space Force.(2) This subsection applies with respect to the sections (articles) specified in subsection (a)(3) and such other sections (articles) as the Secretary concerned may prescribe by regulation.(c)Training for Certain Officers.—Under regulations prescribed by the Secretary concerned, officers with the authority to convene courts-martial or to impose non-judicial punishment shall receive periodic training regarding the purposes and administration of this chapter. Under regulations prescribed by the Secretary of Defense, officers assigned to duty in a joint command or a combatant command, who have such authority, shall receive additional specialized training regarding the purposes and administration of this chapter with respect to joint commands and the combatant commands.(d)Availability and Maintenance of Text.—The text of this chapter and the text of the regulations prescribed by the President under this chapter shall be—(1) made available to a member on active duty, to a member of a reserve component, or to a member of the Space Force, upon request by the member, for the member’s personal examination; and(2) maintained by the Secretary of Defense in electronic formats that are updated periodically and made available on the Internet.(Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99–661, div. A, title VIII, § 804(d), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 104–106, div. A, title XI, § 1152, Feb. 10, 1996, 110 Stat. 468; Pub. L. 114–328, div. E, title LXI, § 5503, Dec. 23, 2016, 130 Stat. 2960; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(R), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 118–31, div. A, title XVII, § 1722(f)(3), Dec. 22, 2023, 137 Stat. 671; Pub. L. 118–159, div. A, title XVII, § 1701(a)(17), Dec. 23, 2024, 138 Stat. 2204.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
937	50:733.	May 5, 1950, ch. 169, § 1 (Art. 137), 64 Stat. 144.

The word “each” is substituted for the word “every”. The word “member” is substituted for the word “person”. The words “in [any of] the armed forces of the United States” are omitted as surplusage.

Editorial NotesCodification

Another section 1722(f) of Pub. L. 118–31 amended section 973 of this title.

Amendments

2024—Subsec. (a)(2)(B). Pub. L. 118–159 inserted “the” before “Space Force”.

2023—Subsec. (a)(1)(C). Pub. L. 118–31, § 1722(f)(3)(A), added subpar. (C).

Subsec. (a)(2)(B), (C). Pub. L. 118–31, § 1722(f)(3)(B), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (b)(1)(B). Pub. L. 118–31, § 1722(f)(3)(C), inserted “or the Space Force” after “in a reserve component”.

Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(3)(D), substituted “, to a member of a reserve component, or to a member of the Space Force,” for “or to a member of a reserve component,”.

2017—Subsec. (a)(1). Pub. L. 115–91, § 1081(c)(1)(R)(i), struck out “(the Uniform Code of Military Justice)” after “this chapter” in introductory provisions.

Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(R)(ii), which directed amendment of subsec. (b) by striking out “(the Uniform Code of Military Justice)” after “this chapter” in the matter preceding subparagraph (A), was executed by making the amendment in introductory provisions of par. (1) of subsec. (b), to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(R)(iii), struck out “(the Uniform Code of Military Justice)” after “this chapter” in introductory provisions.

2016—Subsec. (a). Pub. L. 114–328, § 5503(1), inserted heading.

Subsec. (a)(1). Pub. L. 114–328, § 5503(1), substituted “The sections (articles) of this chapter (the Uniform Code of Military Justice)” for “The sections of this title (articles of the Uniform Code of Military Justice)” in introductory provisions.

Subsecs. (b) to (d). Pub. L. 114–328, § 5503(2), (3), added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: “The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the member’s personal examination.”

1996—Subsec. (a)(1). Pub. L. 104–106 substituted “within fourteen days” for “within six days”.

1986—Pub. L. 99–661 amended section generally, inserting provisions relating to reserve components.

Statutory Notes and Related SubsidiariesEffective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment 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.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title.

Notes of Decisions

Cited in 14 cases, 1957–2013 · leading case: Parker v. Levy, 417 U.S. 733 (1974).

Sort: Relevance Newest Treatment

Parker v. Levy, 417 U.S. 733 (1974). · cites it 4× “Article 137 of the Uniform Code, 10 U. S. C. § 937 , requires that the provisions of the Code be "carefully explained to each enlisted member at the time of his entrance on active duty, or within six days thereafter" and that they be "explained again after he has completed six…”

United States v. Dawson, 10 M.J. 142 (1981). “See Article 137, UCMJ, 10 U.S.C. § 937 . I see no need for an enumeration of every offense proscribed by the Code.”

United States v. Guerrero, 33 M.J. 295 (1991). “We also consider that pursuant to Article 137, UCMJ, 10 USC § 937 , the articles of the UCMJ had been explained to appellant, so that he had “fair notice” that conduct prejudicial to good order and discipline in the armed forces and all conduct of a nature to bring discredit…”

United States v. McPherson, 72 M.J. 862 (A.F.C.C.A. 2013). “Article 137, UCMJ, 10 U.S.C. § 937 , requires enlisted members to be briefed on, among other things, Article 138, UCMJ, 10 U.”

United States Ex Rel. James J. Savini v. J. Vernal Jackson, Warden, Clinton Prison, Dannemora, N. Y., 250 F.2d 349 (2d Cir. 1957). “137, 10 U.S.C.A. § 937 . 2 . Now Uniform Code of Military Justice, art.”

United States v. Woods, 28 M.J. 318 (1989). “Finally, it will be incumbent on the Government to show, as alleged in the specification, that appellant was also put on “fair notice” of the considerable consequences of the alleged act by the “counselpng]” he received regarding sexual activity.”

United States v. Culp, 14 C.M.A. 199 (1963). “Further, Article 137, Uniform Code of Military Justice, 10 USC § 937 , provides as follows: “Sections 802, 803, 807-815, 825, 827, 831, 837, 838, 855, 877-934, and 937-939 (articles 2, 3, 7-15, 25, 27, 31, 37, 38, 55, 77-134 and 137-139) of this chapter shall be carefully…”

United States v. Wilson, 47 M.J. 152 (C.A.A.F. 1997). “In an ideal world, the education provided to servicemembers under Article 137, Uniform Code of Military Justice, 10 USC § 937 , would lead them to understand that government representatives are charged with the responsibility of seeking justice, not “getting” the accused.”

United States v. Peszynski, 40 M.J. 874 (1994). “The factors indicating he had such notice included his status as a petty officer, his years of service, and the requirements of Article 137, UCMJ, 10 U.S.C. § 937 (certain provisions of the UCMJ must be explained to service members at various stages in their careers).”

United States v. Marsh, 11 M.J. 698 (1981). “The Government correctly argues that appellant had notice of his amenability to punishment for his offense, notice of the offense itself, and notice of its punishment by means of having been instructed in accordance with Article 137, UCMJ, 10 U.S.C. § 937 . 9 Since neither the…”

United States v. Saul, 26 M.J. 568 (1988). “Article 137 of the Uniform Code, 10 U.S.C. § 937 , requires that upon entering the service, six months thereafter, and upon reenlistment certain articles of the Code will be carefully explained to all enlisted members.”

United States v. Wheeler, 12 C.M.A. 387 (1961). “The requirement, in fact, is substantially like the salutary statutory rule that persons entering on active duty shall have “carefully explained” to them certain specially relevant Articles of the Uniform Code of Military Justice, Article 187, supra, 10 USC § 937 . It is also…”

Show all 14 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.