UCMJ and MCM changes coming

The DoD Joint Service Committee on Military Justice has some new “publications” on its website.  But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog).

(a) Paragraph 45c, Article 120c—Other sexual misconduct, subsections b-f, are amended[.]

  • Annex 2 to the draft Executive Order, making changes incorporating the MJA. Annex 2 is 619 pages and reproduces Parts I-V of the MCM in their entirety.
  • A most interesting item includes an Appendix 2.1 (PDF page 605) containing non-binding disposition guidance for charges.
  • There is also an Appendix 12A (PDF page 611) listing Presidentially-prescribed lesser included offenses, which may help to address some of the fairly recent litigation about what is or isn’t a lesser included offense.