MJ-009 · MILITARY JUSTICE
Charges, Specifications & Preferral
MJ-009: An allegation, a preferred charge, a referred charge and a finding of guilt are different procedural events. The charge sheet is therefore a chronology document as much as an accusation document.
Controlling authorities
- Article 30 — Charges and specifications
- Article 30a — Proceedings before referral
- DD Form 458 — Charge Sheet
Working procedure
- Preserve the first written allegation separately from the formal charge sheet.
- Record who preferred each charge, the oath or certification, preferral date and when the accused was informed.
- Track amended, added, withdrawn and dismissed charges as separate events rather than overwriting the original charge history.
- Distinguish preferral from referral. Referral selects the court-martial forum for trial.
- Do not describe a preferred or referred charge as proof of guilt.
Records to preserve
Complaint or investigative referral; DD Form 458; amended charge sheets; preferral certification; notice to accused; disposition decisions; referral endorsements; dismissal or withdrawal documents.
Version control
Match the offense date, procedural date, service, forum and filing date to the governing UCMJ text, MCM/R.C.M./M.R.E. version, later presidential amendments, service rule and court rule. The 2024 MCM remains the current published edition, but later operative amendments must be checked before treating it as complete current procedure.
Registry sources: SRC-173; SRC-174; SRC-175; SRC-184 · Last verified: October 4, 2026 · Review cadence: 30 days
