MJ-010 · MILITARY JUSTICE
Article 32 Preliminary Hearing
MJ-010: The Article 32 preliminary hearing is a limited pre-referral proceeding for a potential general court-martial; it is not a trial and does not determine guilt.
Start with the controlling authority
- Article 32 — 10 U.S.C. § 832
- DD Form 457 — PHO Report
- Navy-Marine Corps public preliminary-hearing schedule example
Working procedure
- Confirm whether the case is being considered for referral to a general court-martial and whether a valid waiver exists.
- Preserve the charge sheet, appointment of preliminary hearing officer, notices, written submissions, exhibits, witness requests, recording or record if available, and DD Form 457/report.
- Keep the statutory purposes separate: allegation, probable cause, jurisdiction, and disposition recommendation.
- Do not describe preferral or an Article 32 schedule as a finding of guilt.
- Track what happened after the report: modification, dismissal, further investigation, or referral.
Records to preserve
MREC-12 legal proceedings; MREC-14 decisions/review.
Version and service discipline
Military justice is version-sensitive. Match the offense date, procedural date, service, forum, and filing date to the governing statute, MCM/R.C.M./M.R.E. version, presidential amendments, service regulation, and court rules. The 2024 MCM must be checked against later operative amendments before treating it as complete current procedure.
