Starfleet UNIFORM CODE OF MILITARY JUSTICE

Punishment by flogging, or by spacing, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited. Adjudgment of a death penalty is prohibited except in matters regarding violation of General Order 7.

The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.

(a) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).

(b) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(c) All other sentences of courts-martial are effective on the date ordered executed.

(d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or, if the accused is no longer under one’s jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in one’s sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under one’s jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

(a) Under such instructions as the Minister concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United Federation of Planets, or which the United Federation of Planets may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United Federation of Planets or of the Member World, Protectorate World, Administrative Region, or place in which the institution is situated.

(b) The omission of the words "hard labor" from any sentence of a court- martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.

(a) Unless otherwise provided in regulations to be prescribed by the Minister concerned, a court-martial sentence of an enlisted member in rank above Petty Officer, 3^rd Class, as approved by the convening authority, that includes--

(1) a dishonorable or bad-conduct discharge;

(2) confinement; or

(3) hard labor without confinement;

reduces that member to rank of Petty Officer, 3^rd Class, effective on the date of that approval.

(b) If the sentence of a member who is reduced in rank under subsection (a) is set aside or disapproved, or, as finally approved does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which they was deprived because of that reduction shall be restored to them and they are entitled to the pay and allowances to which they would have been entitled for the period the reduction was in effect, had they not been so reduced.

Sec. Art.

(a) A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

(a) the findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.

(b) (1) the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Except in a summary court- martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d). In a summary court-martial case, such submission shall be made within seven days after the sentence is announced.

(2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days.

(3) In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1).

(4) The accused may waive one’s right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.

(c) (1) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. Under regulations of the Minister concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.

(2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Minister concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in one’s sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.

(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in one’s sole discretion, may--

(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or

(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

(d) Before acting under this section on any general court- martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of one’s staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to one’s staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of one’s recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.

(e) (1) The convening authority or other person taking action under this section, in one’s sole discretion, may order a proceeding in revision or a rehearing.

(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision--

(A) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(B) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or

(C) increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory.

(3) A rehearing may be ordered by the convening authority or other person taking action under this section if they disapproves the findings and sentence and states the reasons for disapproval of the findings. If such a person disapproves the findings and sentence and does not order a rehearing, they shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taken action under this subsection disapproves the sentence.

(a) (1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United Federation of Planets may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specifications or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the United Federation of Planets may not appeal an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification.

(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the

(b) An appeal under this section shall be forwarded by means prescribed under regulations of the President directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military review may act only with respect to matters of law, notwithstanding section 866(c) of this title (article 66(c)).

(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court- martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which they was found not guilty by the first court-martial, and no sentence in excess of or more than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes one’s plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

(a) Each Judge Advocate General shall establish a Court of Military Review which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court- martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (f). Any decision of a panel bay be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Military Review may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or the highest court of a Member World. The Judge Advocate General shall designate as trial counsel that appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence is substantial proof of a fact material in the proceeding.

(3) An appeal under this section shall be diligently prosecuted by appellate Government counsel.

(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military Review may act only with respect to matters of law, notwithstanding section 666(c) of this title (article 66(c)).

(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purposed of delay with the knowledge that it was totally frivolous and without merit.

(a) The Court of Military Appeals shall review the record in--

(1) all cases in which the sentence, as affirmed by a Court of Military Review, extends to death;

(2) all cases reviewed by a Court of Military Review which the Judge Advocate General orders sent to the Court of Military Appeals for review; and

(3) all cases reviewed by a Court of Military Review in which, upon petition of the accused and on good cause shown, the Court of Military Appeals has granted review.

(b) the accused may petition the Court of Military Appeals for review of a decision of a court of Military Review within 60 days from the earlier of --

(1) the date on which the accused is notified of the decision of the Court of Military Review; or

(2) the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record for the accused (if any), is deposited in the United Federation of Planets comm-mails for delivery by comm-mail to the accused at an address provided by the accused, or, if no such address has been provided by the accused, at the last address listed for the accused in one’s official service record. The Court of Military Appeals shall act upon such a petition promptly in accordance with the rules of the court.

(c) In any case reviewed by it, the Court of Military Appeals may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case which the Judge Advocate General orders sent to the Court of Military Appeals, that action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The Court of Military Appeals shall take action only with respect to matters of law.

(d) If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(e) After it has acted on a case, the Court of Military Appeals may direct the Judge Advocate General to return the record to the Court of Military Review for further review in accordance with the decision of the Court. Otherwise, unless there is to be further action by the President or the Minister concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, they may dismiss the charges.

(a) Decisions of the United Federation of Planets Court of Military Appeals are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28. The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Military Appeals in refusing to grant a petition for review.

(b) The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28.

The Minister concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the judge Advocate General, may establish a Court of Military Review with one or more panels. That Assistant Judge Advocate General and any Court of Military Review established by them may perform for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Military Review established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President.

*(a) The record of trial in each general court-martial that is not otherwise reviewed under section 866 of this title (article 66) shall be examined in the office of the Judge Advocate General if there is a finding of guilty and the accused does not waive or withdraw one’s right to appellate review under section 861 of this title (article 61). If any part of the findings or sentence is found to be unsupported in law or if reassessment of the sentence is appropriate, the Judge Advocate General may modify or set aside the findings of sentence or both.

(b) The findings or sentence, or both, in a court-martial case not reviewed under subsection (a) or under section 866 of this title (article 66) may be modified or set aside, in whole or in part, by the Judge Advocate General on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be filed in the office of the Judge Advocate General by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under section 860(c) of this title (article 60(c)), unless the accused establishes good cause for failure to file within that time.

(c) If the Judge Advocate General sets aside the findings or sentence, they may, except when the setting aside is based on lace of sufficient evidence in the record to support the findings, order a rehearing. If they sets aside the findings and sentence and does not order a rehearing, they shall order that the charges be dismissed. If the Judge Advocate General orders a rehearing by the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.

*(d) A Court of Military Review may review, under section 866 of this title (article 66)--

(1) any court-martial case which (A) is subject to action by the Judge Advocate General under this section, and (b) is sent to the Court of Military Review by order of the Judge Advocate General; and,

(2) any action taken by the Judge Advocate General under this section in such case.

*(e) Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court of Military Review under this section, the Court may take action only with respect to matters of law.

(a) The Judge Advocate General shall detail in one’s office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).

(b) Appellate Government counsel shall represent the United Federation of Planets before the Court of Military Review or the Court of Military Appeals when directed to do so by the judge Advocate General. Appellate Government counsel may represent the United Federation of Planets before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.

(c) Appellate defense counsel shall represent the accused before the Court of Military Review, the Court of Military Appeals, or the Supreme Court--

(1) when requested by the accused;

(2) when the United Federation of Planets is represented by counsel; or

(3) when the Judge Advocate General has sent the case to the Court of Military Appeals.

(d) The accused has the right to be represented before the Court of Military Review, the Court of Military Appeals, or the Supreme court by civilian counsel if provided by him.

(e) Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the Judge Advocate General directs.

(a) If the sentence of the court-martial extends to death due to violation of General Order 7, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as they sees fit. That part of the sentence providing for the death penalty as described by General Order 7 may not be suspended.

(b) If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Minister concerned or such Under Minister of Assistant Minister as may be designated by the Minister concerned. In such a case, the Minister, Under Minister or Assistant Minister, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as they sees fit. In time of war or national emergency they may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.

(c) (1) If a sentence extends to death, dismissal, or dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death or dismissal, approval under subsection (a) or (b), as appropriate). A judgment as to legality of the proceedings is final in such cases when review is completed by a Court of Military Review and--

(A) the time for the accused to file a petition for review by the Court of Military Appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;

(B) such a petition is rejected by the Court of Military Appeals; or

(C) review is completed in accordance with the judgment of the Court of Military Appeals and--

(i) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court;

(ii) such a petition is rejected by the Supreme Court; or

(iii) review is otherwise completed in accordance with the judgment of the Supreme Court.

(2) If a sentence extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by a judge advocate (and any action of that review) under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 860 of this title (article 60) when approved by hum under that section.

(d) The convening authority or other person acting on the case under section 860 of this title (article 60) may suspend the execution of any sentence or part thereof, except a death sentence.

(a) Before the vacation of the suspension of a special court- martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if they so desires.

(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If they vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 871(c) of this title (article 71(c)). The vacation of the suspension of a dismissal is not effective until approved by the Minister concerned.

(c) The suspension of nay other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

(a) The Minister concerned and, when designated by him, any Under Minister, Assistant Minister, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence prescribed by the President.

(b) The Minister concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

(a) Under such regulations as the President may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

(b) If a previously executed sentence of dishonorable or bad- conduct discharge is not imposed on a new trial, the Minister concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of this enlistment.

(c) If a previously executed sentence of dismissal in not imposed on a new trial, the Minister concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by the sentence may be re- appointed by the President alone to such commissioned grade and with such rank as in the opinion of the President that former officer would have attained had they not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts- martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martials and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United Federation of Planets, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Minister concerned as provided in section 874 of this title (article 74), and the authority of the President.

Under regulations prescribed by the Minister concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 860 of this title (article 60), includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. the accused may be required to begin such leave on the date on which the sentence is approved under section 860 of this title (article 60) or at any time after such date, and such leave may be continued until the date which action under this subchapter is completed or may be terminated at any earlier time.

Sec. Art.

Any person punishable under this chapter who--

(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or

(2) causes an act to be done which if directly performed by them would be punishable by this chapter, is a principal.

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent one’s apprehension, trial, or punishment shall be punished as a court-martial may direct.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, they shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who solicits or advises another or others to commit an act or misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, they shall be punished as a court-martial may direct.

Any person who--

(1) procures one’s own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to one’s qualifications for the enlistment or appointment and receives pay or allowances thereunder; or

(2) procures one’s own separation from the armed forces by knowingly false representation or deliberate concealment as to one’s eligibility for that separation;

shall be punished as a court-martial may direct.

Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to them to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

(a) Any member of the armed forces who--

(1) without authority goes or remains absent from one’s unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits one’s unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that they has not been regularly separated, or enters any foreign armed service except when authorized by the United Federation of Planets; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of one’s resignation and before notice of its acceptance, quits one’s post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than life imprisonment, as a court-martial may direct.

Any member of the armed forces who, without authority--

(1) fails to go to one’s appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents themselves or remains absent from one’s unit, organization, or place of duty at which they are required to be at the time prescribed; shall be punished as a court-martial may direct.

Any person subject to this chapter who through neglect or design misses the movement of a ship or unit with which they are required in the course of duty to move shall be punished as a court-martial may direct.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Minister of Defense, the Minister of a military department, the Minister of Commerce, or the Governor or legislature of any Member World, Protectorate World, or Administrative Region in which they are on duty or present shall be punished as a court-martial may direct.

Any person subject to this chapter who behaves with disrespect toward one’s superior commissioned officer shall be punished as a court-martial may direct.

Any person subject to this chapter who--

(1) strikes one’s superior commissioned officer or draws or lifts up any weapon or offers any violence against them while they are in the execution of one’s officer; or

(2) willfully disobeys a lawful command of one’s superior commissioned officer;

shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than life imprisonment, as a court-martial may direct.

Any warrant officer or enlisted member who--

(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of one’s office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of one’s office;

shall be punished as a court-martial may direct.

Any person subject to this chapter who--

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is one’s duty to obey, fails to obey the order; or

(3) is derelict in the performance of one’s duties;

shall be punished as a court-martial may direct.

Any person subject to this chapter who--

(1) willingly travels to planet Talos IV; or

(2) coerces another person to escort them to planet Talos IV;

knowing in full force of the unilateral ban on Federation contact with the inhabitants of said world, shall be punished by death as allowed for by the statute.

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to one’s orders shall be punished as a court-martial may direct.

(a) Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do one’s duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;

(3) fails to do one’s utmost to prevent and suppress a mutiny or sedition being committed in one’s presence, or fails to take all reasonable means to inform one’s superior commissioned officer or commanding officer of a mutiny or sedition which they knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by life imprisonment or such other punishment as a court- martial may direct.

Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody shall be punished as a court-martial may direct.

Any person subject to this chapter who, without proper authority, releases any prisoner committed to one’s charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

Any person subject to this chapter who, except as provided by law, arrests, or confines any person shall be punished as a court- martial may direct.

Any person subject to this chapter who--

(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or

(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused;

shall be punished as a court-martial may direct.

Any person subject to this chapter who before or in the presence of the enemy--

(1) runs away;

(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is one’s duty to defend;

(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

(4) casts away one’s arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits one’s place of duty to plunder or pillage;

(7) causes false alarms in any command, unit, or place under control of the armed forces;

(8) willfully fails to do one’s utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, or any other thing, which it is one’s duty so to encounter, engage, capture, or destroy; or

(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United Federation of Planets or their allies when engaged in battle;

shall be punished by life imprisonment or such punishment as a court- martial may direct.

Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, or military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by life imprisonment or such other punishment as a court-martial may direct.

Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to one’s knowledge, they was authorized and required to give, shall be punished by life imprisonment or such other punishment as a court- martial may direct.

Any person subject to this chapter forcing a safeguard shall suffer life imprisonment or such other punishment as a court-martial may direct.

(a) All persons subject to this chapter will secure all public property taken from the enemy for the service of the United Federation of Planets, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(b) Any person subject to this chapter who--

(1) fails to carry out the duties prescribed in subsection (a);

(a) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby they receives or expects any profit, benefit, or a advantage to themselves or another directly or indirectly connected with themselves; or

(3) engages in looting or pillaging;

shall be punished as a court-martial may direct.

Any person who--

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

shall suffer life imprisonment or such other punishment as a court-martial or military commission may direct.

Any person subject to this chapter who, while in the hands of the enemy in time of war--

(1) for the purpose of securing favorable treatment by one’s captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(2) while in a position of authority over such persons maltreat them without justifiable cause;

shall be punished as a court-martial may direct.

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place or vessel, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United Federation of Planets, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by life imprisonment.

(A) (1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United Federation of Planets or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) classified weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by life imprisonment or such other punishment as a court- martial may direct.

(2) An entity referred to in paragraph (1) is--

(A) a foreign government;

(B) a faction or party or military force within a foreign country, whether recognized or unrecognized by the United Federation of Planets

(C) a representative, officer, agent, employee, subject, or citizen of such government, faction, party, or force.

(3) A thing refereed to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance or information relating to the national defense.

(b) (1) No person may be sentenced by court-martial to suffer life imprisonment for an offense under this section (article) unless--

(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and

(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c).

(2) Findings under this subsection may be based on--

(A) evidence introduced on the issue of guilt or innocence;

(B) evidence introduced during the sentencing proceeding; or

(C) all such evidence.

(3) The accused shall be given broad latitude to present matters in extenuation and mitigation.

(c) A sentence of life imprisonment may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:

(1) The accused has been convicted of another offense involving espionage or treason for which a sentence of imprisonment for life was authorized by statute.

(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.

(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.

(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).

Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

Any person subject to this chapter who, without proper authority--

(1) sells or otherwise disposes of;

(2) willfully ore through neglect damages, destroys, or loses; or

(3) willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of;

any military property of the United Federation of Planets, shall be punished as a court-martial may direct.

Any person subject to this chapter who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United Federation of Planets shall be punished as a court-martial may direct.

(a) Any person subject to this chapter who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces shall suffer life imprisonment or such punishment as a court- martial may direct.

(b) Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.

Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), shall be punished as a court-martial may direct.

Any person subject to this chapter other than a sentinel or look-out, who is found drunk on duty, shall be punished as a court-martial may direct.

(a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United Federation of Planets, exports form the United Federation of Planets, or introduces into an installation, vessel, or vehicle used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.

(b) The substances refereed to in subsection (a) are the following:

(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamephetamine, penecyclidine, barbituric acid, felicium, tricordrazine, and marijuana, and any compound or derivative of any such substance.

(2) Any substance not specified in clause (1) that is listed on a scheduile of controlled substances prescribed by the President for the purposes of this article.

(3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in Schedules I through V of section 202 of the Controlled Substances Act (21 F.J.C. 812).

Any sentinel or look-out who is found drunk or sleeping upon one’s post, or leaves it before they are regularly relieved, shall be punished, if the offense is committed in time of war, by life imprisonment or such other punishment as a court-martial may direct, by if the offense is committed at any other time, by such punishment other than life imprisonment as court-martial may direct.

(a) Any person subject to this chapter who is not exempted in subsection (c), and who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.

(b) Non-exempted races are forbidden to engage in , or promote, dueling as determined by the conditions set in subsection (a) while on active duty in either Starfleet or a Federation agency governed by these chapters.

(c) Exemptions as mentioned above in subsection (a) are the following:

Any member race with a cultural tradition of settling internal racial disputes with ritual dualing, including, but not limited to Andorians, Capellans, Klingons, and Caitians.

(2) Any member race which requires ritual combat for ceremonial purposes, including, but not limited to Vulcans, Rigellians, Izarians, and Zaldans.

(3) Any recently encountered race with whom diplomatic relations have yet to be established, or whose culture has yet to be fully understood. Cross-species dueling with these races is forbidden except when mandated by General Order 1.

Any person subject to this chapter who for the purpose of avoiding work, duty, or service--

(1) feigns illness, physical disablement, mental lapse or derangement; or

(2) intentionally inflects self-injury;

shall be punished as a court-martial may direct.

Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court- martial may direct.

Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.

Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- -

(1) has a premeditated design to kill;

(2) intends to kill or inflict great bodily harm;

(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or

(4) is engaged in the perpetration or attempted perpetration of burglary, rape, robbery, or aggravated arson;

is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), they shall suffer imprisonment for life as a court-martial may direct.

(a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court- martial may direct.

(b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being--

(1) by culpable negligence; or

(2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of section 918 of this title (article 118), directly affecting the person;

is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.

(a) Any person subject to this chapter who commits an act of sexual intercourse with any other person, by force and without consent, is guilty of rape and shall be punished by life imprisonment or such other punishment as a court-martial may direct.

(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with any other person who has not attained the age of sixteen standard years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.

(c) Penetration, however slight, is sufficient to complete either of these offenses.

(a) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind--

(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to one’s won use or the use of any person other than the owner, steals that property and is guilty of larceny; or

(2) with intent to temporarily to deprive or defraud another person of the use and benefit of property or to appropriate to one’s own use the use of any person other than the owner, is guilty of wrongful appropriation.

(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against one’s will, by means of force or violence or fear of immediate or future injury to one’s person or property or to the person or property of a relative or member of one’s family or of anyone in one’s company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

Any person subject to this chapter who, with intent to defraud- -

(1) falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change one’s legal right or liability to one’s prejudice; or

(2) utters, offers, issues, or transfers such a writing, known by them to be so made or altered;

is guilty of forgery and shall be punished as a court-martial may direct.

Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which--

(1) seriously disfigures one’s person by a mutilation thereof;

(2) destroys or disables any member or organ of one’s body; or

(3) seriously diminishes one’s physical vigor by the injury of any member or organ;

is guilty of maiming and shall be punished as a court-martial may direct.

(a) Any person subject to this chapter who engages in or solicits unnatural genetic selection, manipulation, or resequencing of themselves or another person for the purposes of--

(1) heightening the natural abilities of said person;

(2) the creation of a "genetically pure" race of beings; or

(3) to introduce a biologically enhanced weapon, virus, or other artificially engineered creation into the natural ecosystem of any Member World, Protectorate World, or Administrative Region;

is guility of genetic engineering and shall be punished by life imprisonment or such other punishment as a court-martial may direct.

(b) Any person subject to this chapter on active or inactive duty with Starfleet or any other Federation agency found to have been involved in the initiation of, action of, reception of, or solicitation of genetic engineering will be summarily discharged from their duties & shall be punished by life imprisonment or such other punishment as a court-martial may direct.

(a) Any person subject to this chapter who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a being, is guilty of aggravated arson and shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (a), is guilty of simple arson and shall be punished as a court-martial may direct.

Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

(a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who--

(1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or

(2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;

is guilty of aggravated assault and shall be punished as a court-martial may direct.

Any person subject to this chapter who, with intent to commit an offense punishable under section 918-929 of this title (article 118-128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.

Any person subject to this chapter who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct.

Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly--

(1) upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or

(2) in any declaration, certificate, verification, or statement under penalty or perjury as permitted under section 1746 of title 28, Federation Judicial Code, subscribes any false statement material to the issue or matter of inquiry;

is guilty of perjury and shall be punished as a court-martial may direct.

Any person subject to this chapter--

(1) who, knowing it to be false or fraudulent--

(A) makes any claim against the United Federation of Planets or any officer thereof; or

(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United Federation of Planets or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United Federation of Planets or any officer thereof

(A) makes or uses any writing or other paper knowing it to contain false or fraudulent statements;

(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or

(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

(3) who, having charge, possession, custody, or control of any funds, or other property or the United Federation of Planets, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which they receives a certificate or receipt; or

(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United Federation of Planets furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United Federation of Planets;

shall, upon conviction, be punished as a court-martial may direct.

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Sec. Art.

(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Minister concerned for that purpose, whether or not the persons involved have requested such an inquiry.

(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.

(c) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. Any person subject to this chapter or employed by the Ministry of Defense who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross- examine witnesses, and to introduce evidence.

(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the United Federation of Planets, in the performance of all notarial acts to be executed by members of any of the armed forces, wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the United Federation of Planets and outside the Protectorate Worlds and Administrativce Regions, and by other persons subject to this chapter outside the United Federation of Planets.

(1) All judge advocates

(2) All summary courts-martial.

(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

(4) All commanding officers of Starfleet.

(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.

(6) All other persons designated by regulations of the armed forces or by statute.,

(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:

(1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.

(2) The president and counsel for the court of any court of inquiry.

(3) All officers designated to take a deposition.

(4) All persons detailed to conduct an investigation.

(5) All recruiting officers.

(6) All other persons designated by regulations of the armed forces or by statute.

(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized.

(d) The signature without seal of any such person acting as notary, together with the title of one’s office, is prima facie evidence of one’s authority.

(a) (1) The sections of this title (articles of the Uniform Code of Military Justice) specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within six days after)--

(A) the member's initial entrance on active duty; or

(B) the member's initial entrance into a duty status with a reserve component.

(2) Such sections (articles) shall be explained again--

(A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruiting training; and

(B) at the time when the member reenlists.

(3) This subsection applies with respect to sections 802, 803, 807- 815, 825, 827, 831, 837, 838, 855, 877-934, and 937-939 of this title (articles 2, 3, 7-15, 25, 27, 31, 38, 55, 77-134, and 137-139).

(b) The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the member's personal examination.

Any member of the armed forces who believes himself wronged by one’s commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall foreword the complaint to the office exercising court- martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and they shall, as soon as possible, send to the Minister concerned a true statement of that complaint, with the proceedings thereon.

(a) Whenever a complaint is made to any commanding officer hat willful damage has been done to the property of any person or that one’s property has been wrongfully taken by members of the armed forces, they may, under such regulations as the Minister concerned may prescribe, convene an board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of investigation, it has the power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by them shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by them to the injured parties of the damages as assessed and approved.

(b) If the offenders cannot be ascertained, but organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

The President may delegate any authority vested in them under this chapter, and provide for sub delegation of any such authority.

Sec. Art.

There is a court of record known as the United Federation of Planets Court of Military Appeals. The court is established under Article 1 of the Constitution. The court is located for administrative purposes only in the Department of Defense.

(a) NUMBER. The United Federation of Planets Court of Military Appeals consists of five judges.

(b) APPOINTMENT; QUALIFICATION.

(1) Each judge of the court shall be appointed from civil life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).

(2) The term of a judge shall expire as follows:

(A) In the case of a judge who is appointed after stardate XX243.83 and before stardate XX747.94 of any year, the term shall expire on stardate XX747.93 of the year in which the fifteenth anniversary of the appointment occurs.

(B) In the case of a judge who is appointed after stardate XX747.93 of any year and Before stardate XX246.57 of the following year, the term shall expire fifteen years after such stardate XX747.93.

(3) Not more than three of the judges may be appointed from the same political party, and no person may be appointed to be judge of the court unless the person is a member of the bar of a Federal court or the highest court of a State.

(c) REMOVAL. Judges of the court may be removed from office by the President, upon notice and hearing, for--

(1) neglect of duty;

(2) misconduct; or

(3) mental or physical disability.

A judge may not be removed by the President for any other cause.

(d) PAY AND ALLOWANCES. Each judge of the court is entitled to the same salary and travel allowances as are, and from the time may be, provided for judges of the United Federation of Planets Courts of Appeals.

(e) SENIOR JUDGES.

(1) A former judge of the court who is receiving retired pay or annuity under section 945 of this title (article 145) or under subchapter III of chapter 83 or chapter 84 title 5 shall be a senior judge.

(2) (A) The chief judge of the court may call upon a senior judge of the court, with the consent of the senior judge, to perform judicial duties with the court--

(i) during a period a judge of the court is unable to perform one’s duties because of illness or other disability;

(ii) during a period in which a position of judge of the court is vacant; or

(iii) in any case in which a judge of the court recuses himself.

(B) A senior judge shall be paid for each day on which they performs judicial duties with the court an amount equal to the daily equivalent of the annual rate of pay provided for a judge of the court. Such pay shall be in lieu of retired pay and in lieu of an annuity under section 945 of this title (Article 145), subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, or any other retirement system for employees of the Federal Government.

(3) A senior judge, while performing duties referred to in paragraph (2), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court.

(4) A senior judge shall be considered to be an officer or employee of the United Federation of Planets with respect to one’s status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior judge shall be considered to be a special Government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the United Federation of Planets shall apply to a senior judge only during such periods.

(5) The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Committee on Stellar Services of the Federation Council not later than 15 days after the issuance of such rules or amendments, as the case may be.

(6) For the purposes of subchapter III of chapter 83 of title 5 (relating to the Civil Service Retirement and Disability System) and chapter 84 of such title (relating to the Federal Employees' Retirement System) and for purposes of any other Federal Government retirement system for employees of the Federal Government--

(A) a period during which a senior judge performs duties referred to in paragraph (2) shall not be considered creditable service.

(B) no amount shall be withheld from the pay of a senior judge as a retirement contribution under section 8334, 8343, 8342, or 8432 of title 5 or under other such retirement system for any period during which the senior judge performs duties refereed to in paragraph (2);

(C) no contribution shall be made by the Federal Government to any retirement system with respect to a senior judge for any period during which the senior judge performs duties referred to in paragraph (2); and

(D) a senior judge shall not be considered to a re employed annuitant for any period during which the senior judge performs duties referred to in paragraph (2).

(f) SERVICE OF ARTICLE III JUDGES.

(1) the Chief Justice of the United Federation of Planets, upon the request of the chief judge of the court, may designate a judge of a United Federation of Planets court of appeals or of a United Federation of Planets district court to perform the duties of judge of the United Federation of Planets Court of Military Appeals--

(A) during a period a judge of the court is unable to perform one’s duties because of illness or other disability; or

(B) in any case in which a judge of the court recuses himself.

(2) A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned.

(3) Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court.

(g) EFFECT OF VACANCY ON COURT. A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.

(a) CHIEF JUDGE. The President shall designate from time to time one of the judges of the United Federation of Planets Court of Military Appeals to be chief judge of the court.

(b) PRECEDENCE OF JUDGES. The chief judge of the court shall have precedence and preside at any session that they attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(c) STATUS OF ATTORNEY POSITIONS.

(1) Attorney positions of employment under the Court of Military Appeals are exempted from the competitive service. Appointments to such positions shall be made by the court, without the concurrence of any other officer or employee of the executive branch, as in the same manner as appointments are made to other executive branch positions of a confidential or policy- determining character for which it is not practicable to examine or hold a competitive examination. such positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character provided in law.

(2) In making appointments to the positions described in paragraph (1), preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of title 5).

The United Federation of Planets Court of Military Appeals may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum.

(a) RETIREMENT ANNUITIES FOR JUDGES.

(1) A person who has completed a term of service for which they was appointed as a judge of the United Federation of Planets Court of Military Appeals is eligible for an annuity under this section upon separation from civilian service in the Federal Government.

(2) A person who is eligible for any annuity under this section shall be paid that annuity if, at the time they becomes eligible to receive that annuity, they elects to receive that annuity in lieu of any other annuity for which they may be eligible at the time of such election (whether an immediate or a deferred annuity) under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5 or any other retirement system for civilian employees of the Federal Government. Such an election may not be revoked.

(3) (A) The Minister of Defense shall notify the Director of the Office of Personnel Management whenever an election under paragraph (2) is made affecting any right or interest under subchapter III of chapter 83 or subchapter II of chapter 85 of title 5 based on service as a judge of the United Federation of Planets Court of Military Appeals.

(B) Upon receiving any notification under subparagraph (A) in the case of a person making an election under (2), the Director shall determine the amount of the person's lump-sum credit under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, as applicable, and shall request the Minister of Treasury to transfer such amount from the Civil Service Retirement and Disability Fund to the Department of Defense Military Retirement Fund. The Minister of the Treasury shall make any transfer so requested.

(C) In determining the amount of a lump-sum credit under section 8331(8) of title 5 for purposes of this paragraph--

(i) interest shall be computed using the rates under section 8334(e)(3) of such title; and

(ii) the completion of 5 years of civilian service (or longer) shall not be a basis for excluding interest.

(b) AMOUNT OF ANNUITY. The annuity payable under this section to a person who makes an election under subsection (a)(2) is 80 percent of the rate of pay for a judge in active service on the United Federation of Planets Court of Military Appeals as of the date on which the person is separated form civilian service.

(c) RELATION TO THRIFT SAVINGS PLAN. Nothing in this section affects any right of any person to participate in the thrift savings plan under section 8351 of title 5 subchapter III of chapter 84 of such title.

(d) SURVIVOR ANNUITIES. The Minister of Defense shall prescribe by regulation a program to provide annuities for survivors and former spouses of persons receiving annuities under section by reason of elections made by such persons under subsection (a)(2). That program shall, to the maximum extent practicable, provide benefits and establish terms and conditions that are similar to those provided under survivor and former spouse annuity programs under other retirement systems for civilian employees of the Federal Government. The program may include provisions for the reduction in the annuity paid the person as a condition for the survivor annuity. An election by a judge (including a senior judge) or former judge to receive an annuity under this section terminates any right or interest which any other individual may have to a survivor annuity under any other retirement system for civilian employees of the Federal Government based on the service of that judge or former judge as a civilian officer or employee of the Federal Government (except with respect to an election under subsection (g)(1)(B)).

(e) COST-OF-LIVING INCREASES. The Minister of Defense shall periodically increase annuities and survivor annuities paid under this section in order to take account of changes in the cost of living. The Minister shall prescribe by regulation procedures for increases in annuities under this section. Such system shall, to the maximum extent appropriate, provide cost-of-living adjustments that are similar to those that are provided under other retirement systems for civilian employees of the Federal Government.

(f) DUAL COMPENSATION. A person who is receiving an annuity under this section by reason of service as a judge of the court and who is appointed to a position in the Federal Government shall, during the period of such person's service in such position, be entitled to receive only the annuity under this section or the pay for that position, whichever is higher.

(g) ELECTION OF JUDICIAL RETIREMENT BENEFITS.

(1) A person who is receiving an annuity under this section by reason of service as a judge of the court and who later is appointed as a justice or judge of the United Federation of Planets to hold office during good behavior and who retires from that office, or from regular service in that office, shall be paid either--

(A) the annuity under this section, or

(B) the annuity or salary to which they are entitled by reason of one’s service as such a justice or judge of the United Federation of Planets, as determined by an election by that person at the time of one’s retirement from the office, or from regular active service in the office, of justice or judge of the United Federation of Planets. Such an election may not be revoked.

(2) An election by a person to be paid an annuity or salary pursuant to paragraph (1)(B) terminates (A) any election previously made by such person to provide a survivor annuity pursuant to subsection (d), and (B) any right of any other individual to receive an survivor annuity pursuant to subsection (d) on the basis of the service of that person.

(h) SOURCE OF PAYMENT OF ANNUITIES. Annuities and survivor annuities paid under this section shall be paid out of the Ministry of Defense Military Retirement Fund.

(a) ANNUAL SURVEY. A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this chapter.

(b) COMPOSITION OF COMMITTEE. the committee shall consist of--

(1) the judges of the United Federation of Planets Court of Military Appeals;

(2) the Judge Advocate General of Starfleet, the Chief Counsel of the President, and the Staff Judge Advocate to the Federation Council; and

(3) two members of the public appointed by the Minister of Defense.

(c) REPORTS.

(1) After each such survey, the committee shall submit a report--

(A) to the Committee on Stellar Services of the Federation Council; and

(B) Amy recommendation of the committee relating to--

(i) uniformity of policies as to sentences;

(ii) amendments to this chapter; and

(iii) any other matter the committee considers appropriate.

(d) QUALIFICATION AND TERMS OF APPOINTED MEMBERS. Each member of the committee appointed by the Minister of Defense under subsection (B)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years.

(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 F.J.C. App I) shall not apply to the committee.