Military Justice
Summary of Change
THE UNIVERSITY OF THE ARMY MILITARY JUSTICES UNIVERSITY
Headquarters
Department of the Army
Washington, DC
8 January 2025
*Army Regulation 27–10
Effective 8 January 2025
Legal Services
Military Justice
By Order of the Secretary of the Army:
RANDY A. GEORGE
General, United States Army
Chief of Staff
MARK F. AVERILL
Administrative Assistant to the
Secretary of the Army
History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.
Authorities. This regulation implements changes directed by the Deputy Secretary of Defense.
Applicability. This revision applies to the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. It also applies to Department of the Army Civilians who are involved in any matter that falls under the responsibility and authority of The Judge Advocate General, regardless of whether such person is a member of the Judge Advocate Legal Service. This publication is applicable during mobilization.
Proponent and exception authority. The proponent of this regulation is The Judge Advocate General of the Army. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include a formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25–30 for specific requirements.
Army internal control process. This regulation contains internal control provisions in accordance with AR 11–2 and identifies key internal controls that must be evaluated (see appendix M).
Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Office of The Judge Advocate General at usarmy.pentagon.hqda-ot-jag.mbx.cl@army.mil.
Distribution. This publication is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.
*This regulation supersedes AR 27–10, dated 20 March 2024.
AR 27–10 • 8 January 2025
UNCLASSIFIED
TOCTable of Contents
Chapter 1Introduction
Chapter 2Investigation and Prosecution of Crimes with Concurrent Jurisdiction
Chapter 3Records of Punishment, DA Form 2627
Chapter 4Disciplinary Proceedings Subsequent to Exercise of Jurisdiction by Civilian Authorities
Chapter 5Other Considerations
Chapter 6United States Army Trial Defense Service
Chapter 7United States Army Trial Judiciary Military Judge Program
Chapter 8Search, Seizure, and Apprehension Authorizations
Chapter 9Courts of Inquiry
Chapter 10Oaths
Chapter 11Form and Distribution of Court-Martial Orders
Chapter 12Appellate Matters
Chapter 13Application for Relief Pursuant to UCMJ, Article 69
Chapter 14Military Justice Online, Army Court-Martial Public Record System, and Other Data
Requirements
Chapter 15Suspension of Military Judges
Chapter 16Foreign Jurisdiction and Provision of Counsel
Chapter 17Confinement Facilities and Central Repository
Chapter 18Military Justice Training for the U.S. Army
Chapter 19Action on the Complaint
Chapter 20Support Personnel and Responsibilities
Chapter 21United States Army Trial Counsel Assistance Program
Chapter 22United States Army Defense Counsel Assistance Program
Chapter 23Prosecution of Criminal Offenses in Federal Courts
Chapter 24Requirements for Processing Reports of Sex-Related Offenses, including Sex Offender
Registration
Chapter 25United States Army Court Reporter Program
Chapter 26The Military Extraterritorial Jurisdiction Act of 2000
Chapter 27Processing the Action
Chapter 28Capital Litigation
Chapter 29Definitions Pertaining to Prohibited Activities with Military Recruits or Trainees
Chapter 30Office of Special Trial Counsel
Chapter 31National Instant Criminal Background Check System Firearms Prohibitions
Appendix AReferences
Appendix BPoints of Contact
Appendix CScript for Conduct of Nonjudicial Punishment Proceedings
Appendix DPost-Trial Procedure and Records of Trial for Cases Referred to Trial Prior to 1 January
2019
Appendix EPreparing and Arranging Certified Records of Trial
Appendix FAttorney-Client Guidelines
These guidelines have been approved by TJAGTJAGThe Judge Advocate General. Military personnel who act in courts-martial, including all Army attorneys, will apply these principles insofar as practicable. However, the guidelines do not purport to encompass all matters of concern to defense counsel, either trial or appellate. Attorneys must always comply with TJAGTJAGThe Judge Advocate General policy and the ethical guidance of their li-censing jurisdictions. As problem areas are identified, TJAGTJAGThe Judge Advocate General will develop a common position and policies for the guidance of all concerned.
Appendix GCourt-Martial Orders for Cases Referred to Trial Prior to 1 January 2019
Appendix HDistribution of Court-Martial Orders and Documents
Appendix IApplication for Relief under Article 69, UCMJ in Cases Referred Prior to 1 January 2019
Appendix JVictim/Witness Checklist
Appendix KMilitary Justice Area Support Responsibilities
Appendix LCapital Litigation
Appendix MInternal Control Evaluation
Glossary
Admonition A warning or reminder given to an offender to deter repetition of a type of misconduct and to advise the offender of the consequences that may flow from a recurrence of that misconduct.
Chief circuit judge The senior military judge in a judicial circuit, or other judge designated by the chief trial judge.
Covered offense The term “covered offense” means— tion 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), the standalone offense of child pornography punishable under section 934 (arti- cle 134), or the standalone offense of sexual harassment punishable under section 934 (article 134) in each instance in which a formal complaint is made and such formal complaint is substantiated (effective 1 January 2025), of Title 10; Title 10 (article 81); Title 10 (article 82); or 880 of Title 10 (article 80).
Deferral The term deferral of an offense means a special trial counsel declines to prefer charges for an offense or declines to refer charges to court-martial.
Inactive duty training Duty prescribed for Reserves by the Secretary of the Army pursuant to 37 USCUSCUnited States Code 206 or any other provision of law and special additional duties authorized for Reserves by an authority designated by the Secretary of the Army and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.
Judicial circuit One or more GCM jurisdictions, or the geographical area where the HQ of such jurisdictions are situated, as designated by TJAGTJAGThe Judge Advocate General.
Military Judge A JA officer who has been certified by TJAGTJAGThe Judge Advocate General as qualified to preside over GCMs and/or SPCMs.
Military Judge Program A system in which military judges are designated and made available for detail as judges of SPCMs and GCMs.
Mitigation A reduction in either the quantity or quality of a punishment, its general nature remaining the same.
Parent unit The unit to which the Soldier is contractually obligated.
Preferral of charges The act of bringing charges against another party.
Referral of charges The order of a convening authority or special trial counsel that charges and specifications against an ac- cused will be tried by a specified court-martial.
Related offense Any reported offense or charge related to a covered offense, whether alleged to have been committed by the suspect of the covered offense or by anyone else subject to the UCMJUCMJUniformed Code of Military Justice.
Reprimand An act of formal censure that reproves or rebukes an offender for misconduct.