MJ-016 · MILITARY JUSTICE

Victim Rights, Counsel & Article 6b Review

MJ-016: Article 6b creates statutory rights for qualifying victims and a specific enforcement route for certain rulings; service victims’ counsel programs add representation and implementation.

Start with the controlling authority

Working procedure

  1. Identify whether the person meets the statutory definition of victim for the right at issue.
  2. Preserve notices, election/representation records, counsel communications where disclosure is lawful, hearing requests, rulings, and any appellate petition.
  3. Distinguish the victim’s own rights from the prosecution’s interests and from command or investigative decisions.
  4. Identify the applicable service victims’ counsel program and independent representation route.
  5. For a petition to a CCA, verify the current statute, court rules, and deadline immediately.

Records to preserve

MREC-12 legal proceedings; MREC-14 review decisions; MREC-17 personal records subject to privacy/protection.

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.

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