MJ-004 · MILITARY JUSTICE
Special Trial Counsel, Command Authority & Disposition
MJ-004: Identify who actually has authority to make prosecution and disposition decisions for the alleged offense; covered offenses can move key authority outside the ordinary command chain.
Start with the controlling authority
Working procedure
- Identify every alleged offense and its conduct date.
- Determine whether the offense is a current statutory covered offense and whether related-charge authority applies.
- Identify the service Office of Special Trial Counsel or other authorized disposition authority.
- Preserve declination, referral, disposition, transfer, and related-charge decisions where discoverable or provided.
- Do not assume a commander’s traditional role still controls every covered-offense decision.
Records to preserve
MREC-12 legal proceedings; MREC-14 decisions and appeals.
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.
