Understanding Trends
UCMJ and Court-Martial Changes: A Dated Timeline, 2006–2026
Every major change to military justice from 2006 to 2026, with enactment and effective dates and whether it applies by offense date, referral date, or trial date. Sourced to statutes and official records.
Understanding Trends in Military Practice · 18 min read
Trends › Law Changes › Timeline
In brief: Most changes to military crimes and punishments apply by the date of the offense, not the date of trial, so a new rule shows up in court-martial results gradually, over a transition period of one to three years. This timeline lists each major change from 2006 to 2026 with its effective date and what it turns on.
Updated October 31, 2026. The court-martial results data covers the Army 2020–26, Air Force 2016–26, Navy 2013–26, Marine Corps 2017–26, and Coast Guard 2005–26. How these changes compare with the federal system is explained in Military Moves Toward Sentencing Guidelines to Mirror the Federal System. Federal court and court-martial numbers are compared in Federal Prosecution Analysis.
How to read this
- Most changes to crimes and punishments turn on the offense date. A trial held after a change can still use the old rules if the offense came first. Ex post facto limits and the savings clauses in each statute and executive order produce this result.
- Procedural changes often turn on a different event: the date charges were referred (MJA 2016), the date a preliminary hearing was held (Article 32), the date a court-martial was convened (random member selection), or, for sentencing reform, whether every guilty finding is for a post-cutoff offense.
- Because of this, a change shows up in trial results gradually over a transition period, often one to three years. Old-rule and new-rule cases are tried side by side during that time.
- The trial-results data has trial dates only, not offense dates. It cannot tell which rule set governed any single case, so a jump or dip right after an effective date should not be credited to the change by itself.
- What the data can show: changes in counts, outcomes, and sentence patterns across periods that clearly come before or well after a transition window, plus article-level changes (for example, the first appearance of Art. 128b or Art. 117a charges).
- What it cannot show: whether a given sentence fell under sentencing parameters, whether OSTC or a commander referred the case, or which version of Article 120 was charged, unless the record itself says so.
Chronological table
Abbreviations: NDAA = National Defense Authorization Act; MJA16 = Military Justice Act of 2016; OSTC = Office of Special Trial Counsel; STC = special trial counsel; MCM = Manual for Courts-Martial; EO = executive order; GCM / SPCM = general / special court-martial.
| Date (enacted/signed) | Law/Order | Change | Effective | Applies by | Source |
|---|---|---|---|---|---|
| 2006-01-06 | FY2006 NDAA, Pub. L. 109-163, §552 | Rewrote Art. 120 ("Rape, sexual assault, and other sexual misconduct") into subsections (a)–(t), adding new offense categories and interim maximum punishments. Also added Art. 120a (stalking at the time). | 2007-10-01 (§552(f)) | Offense date: applies "with respect to offenses committed on or after" Oct 1, 2007 | uscode.house.gov 10 U.S.C. 920 notes; §552 text (USMC archive) |
| 2007-09-28 | EO 13447 (Further 2007 Amendments to the MCM) | Amended MCM Parts II–IV, effective the same day the 2007 Art. 120 took effect. | 2007-10-01 | Savings clause: no retroactive punishment; proceedings begun earlier continue | White House archive |
| 2011-12-31 | FY2012 NDAA, Pub. L. 112-81, §541 | Rewrote Art. 120 again ("Rape and sexual assault generally"). Created Art. 120b (rape and sexual assault of a child) and Art. 120c (other sexual misconduct). | 2012-06-28 (180 days after enactment) | Offense date: "applicable with respect to offenses committed on or after such effective date" | uscode.house.gov 920 notes; govinfo 10 U.S.C. 920b (2024 ed.) |
| 2013-05-15 | EO 13643 (2013 MCM amendments) | Set maximum punishments for the 2012 Arts. 120/120b/120c. CAAF in United States v. Busch, 75 M.J. 87, noted that the President had not set them until this order. | 2013-05-15 | Offense date (for maximum punishments) | CAAF digest, Art. 120b; FR 2017 MCM notice listing EOs |
| 2013-12-26 | FY2014 NDAA, Pub. L. 113-66, §1702(b)–(c) | Limited convening-authority clemency (Art. 60): the convening authority generally may not set aside findings, or reduce certain sentences, for offenses other than minor ones. | 2014-06-24 (180 days after enactment) | Offense date: offenses "committed … on or after that effective date." In mixed pre/post cases the convening authority keeps the old powers, except as to the Art. 56(b) mandatory minimum. | uscode.house.gov 10 U.S.C. 860 notes |
| 2013-12-26 | FY2014 NDAA, Pub. L. 113-66, §1705 | Mandatory minimum (Art. 56(b)): dismissal or dishonorable discharge required for rape, sexual assault, rape or sexual assault of a child, and attempts or conspiracies to commit them. These offenses were also made triable only by GCM. | 2014-06-24 | Offense date: offenses "committed on or after that date" | uscode.house.gov 10 U.S.C. 856 notes; EO 13696 (GCM-only jurisdiction) |
| 2013-12-26 | FY2014 NDAA, Pub. L. 113-66, §1702(a) | Art. 32 investigation became a preliminary hearing focused on probable cause, with a judge advocate hearing officer where practicable and victim protections. | Later of 2014-12-26 or FY2015 NDAA enactment (2014-12-19), so 2014-12-26 | Hearing date: "preliminary hearings conducted on or after that effective date" | govinfo 10 U.S.C. 832 notes (2024 ed.) |
| 2014-06-13 | EO 13669 (2014 MCM amendments) | Victim post-trial statements (R.C.M. 1105A), Art. 32 subpoena changes, and victims' copy of the record of trial. | 2014-06-13 | Proceedings begun earlier continue under the old rules | FR 2014-14429 |
| 2014-12-19 | FY2015 NDAA, Pub. L. 113-291, §531 | Amended the FY2014 Art. 60 effective-date provision and allowed the accused to waive the Art. 32 hearing. | Varies. The §531(g)(2) changes do not apply where the convening authority acted before 30 days after enactment. | Convening-authority action date (for §531(g)) | uscode.house.gov 860 notes; govinfo 832 |
| 2015-06-17 | EO 13696 (2015 MCM amendments) | Implemented the new Art. 32 preliminary hearing (R.C.M. 405), FY2014 Art. 60 limits (R.C.M. 1107), GCM-only jurisdiction for listed sex offenses, and victims' rights (R.C.M. 1001A). | 2015-06-17. Some provisions apply only to offenses on or after 2014-06-24. | Mixed: offense date for some, proceeding date for others | FR 2015-15495 |
| 2016-12-23 | MJA16 (FY2017 NDAA, Pub. L. 114-328, Div. E) | Fixed panel sizes (8 members non-capital GCM, 12 capital, 4 SPCM). Three-fourths vote to convict. Judge-alone SPCM (Art. 16(c)(2)(A)), capped at 6 months' confinement, 6 months' forfeiture, and no punitive discharge (Art. 19(b)). Plea agreements (Art. 53a). Military judge sentencing by default with segmented (per-offense) confinement, unless the accused elects members. New articles (93a, 121a, 123, 132 retaliation, and others). Art. 120 definitions revised. Art. 140a public access. | 2019-01-01 (designated by EO 13825) | Referral date: MJA16 does not apply to cases referred before 2019-01-01. Offense date: punitive-article changes do not apply to earlier offenses, and maximum punishments are those in effect when the offense was committed. All-specifications rule: new sentencing procedures apply only if all specifications allege offenses on or after 2019-01-01 (R.C.M. 902A election aside). | CAAF 2017 MJA16 handout; govinfo 10 U.S.C. 801 notes, §5542 (2022 ed.); uscode.house.gov 816; govinfo 819 |
| 2017-12-12 | FY2018 NDAA, Pub. L. 115-91, §533 | Created Art. 117a, wrongful broadcast or distribution of intimate visual images. §531 also made technical fixes to MJA16. | The U.S. Code has no separate effective-date note for Art. 117a. The MCM paragraph (¶55a) was added by EO 14062 on 2022-01-26. | Offense date (ex post facto) | govinfo subchapter X amendments (2024 ed.); CAAF digest, Art. 117a |
| 2018-03-01 | EO 13825 (2018 MCM amendments) | Set MJA16's effective date and implemented it (2019 MCM). Art. 15 changes apply to nonjudicial punishment imposed on or after 2019-01-01. Arts. 32/34 changes apply to hearings and advice given on or after that date. If any specification predates 2019, the old Art. 60 governs convening-authority power. | 2019-01-01 (Annex 2). Annex 1 took effect 2018-03-01. | Referral date, offense date, and all-specifications rule (see MJA16 row) | Trump White House archive |
| 2018-08-13 | FY2019 NDAA, Pub. L. 115-232, §532 | Created Art. 128b, domestic violence. | 2019-01-01, "immediately after" MJA16 takes effect | Offense date (ex post facto; the statute states only the effective date) | govinfo 10 U.S.C. 928b (2023 ed.) |
| 2018-12-17 | DoD General Counsel (Ney) memo, Art. 140a standards | Uniform standards for case management, data, and public access to dockets, filings, and records. Services had until 2020-12-23 to implement (4 years after MJA16 enactment). | 2020-12-23 (implementation deadline) | Navy-Marine Corps posts records for cases referred on or after 2020-12-23 | NIMJ Art. 140a paper; govinfo 10 U.S.C. 940a notes; Navy JAG filings & records |
| 2019-12-20 | FY2020 NDAA, Pub. L. 116-92, §534 | Art. 140a amended: Secretary of Homeland Security consulted, Coast Guard covered, and PII of minors and victims restricted in public records. §537 required non-binding sentencing guidelines (later repealed by FY2022 §539E(g)). | 2019-12-20 | n/a (records-access rules) | govinfo 940a; uscode.house.gov 856 notes |
| 2021-01-01 | FY2021 NDAA, Pub. L. 116-283, §542 | Changed Court of Criminal Appeals factual-sufficiency review (Art. 66(d)). §(a): appellate judge qualifications. Also added Art. 140a(d): keep GCM/SPCM records at least 15 years. | 2021-01-01 | Offense date: review changes apply where "every finding of guilty" is for an offense on or after 2021-01-01 | Art. 66 notes (customsmobile reproduction of U.S. Code); CAAF, U.S. v. Harvey (2024) |
| 2021-12-27 | FY2022 NDAA, Pub. L. 117-81, Subtitle D Part 1 (§§531–539C) | Created STC/OSTC (Art. 24a; 10 U.S.C. 1044f). STCs have exclusive authority over covered offenses: Arts. 117a, 118, 119, 120, 120b, 120c, 125, 128b, 130, 132, and Art. 134 child pornography, plus conspiracy, solicitation, and attempt. | 2023-12-27 (two years after enactment, §539C) | Offense date: "applicable with respect to offenses that occur after that date." Pre-cutoff offenses may be taken by STC discretion under Art. 24a(d) (added 2023, below). | govinfo 10 U.S.C. 824a; govinfo 801 notes, §539C |
| 2021-12-27 | FY2022 NDAA, Pub. L. 117-81, §539E | Sentencing reform: military judge sentences in all non-capital GCM/SPCM cases, removing the member-sentencing election (Art. 53(b)). Judge must sentence within sentencing parameters absent findings justifying departure (Art. 56(c)). Government sentence appeal (Art. 56(d)). Military Sentencing Parameters and Criteria Board created. | 2023-12-27 | All-findings offense-date rule: applies to "sentences adjudged in cases in which all findings of guilty are for offenses that occurred after" 2023-12-27. Mixed cases keep the old rules. | uscode.house.gov 856 notes; Art. 53 notes (counselstack reproduction) |
| 2021-12-27 | FY2022 NDAA, Pub. L. 117-81, §539D | Directed the President to make sexual harassment a specific Art. 134 offense within 30 days. | Implemented by EO 14062 on 2022-01-26 | Offense date | uscode.house.gov 934 notes |
| 2021-12-27 | FY2022 NDAA, Pub. L. 117-81, §§547, 549D | §547: single document-management system across the services. §549D: Secretaries to resource defense counsel and ensure defense counsel in covered-offense cases are "well-trained, experienced, and skilled" (a resourcing note, not a certification requirement). | Varies | n/a | NIMJ Art. 140a paper; govinfo 10 U.S.C. 827 |
| 2022-01-26 | EO 14062 (2022 MCM amendments), 87 FR 4763 | Added MCM offense paragraphs for Art. 134 sexual harassment (¶107a), Art. 128b domestic violence (¶78a), and Art. 117a (¶55a). Revised Art. 128 assault, including strangulation and suffocation. Revised self-defense rules (R.C.M. 916(e)). | 2022-01-26 | Offense date: no act "done or omitted prior to the date of this order" made punishable | FR 2022-02027; Biden White House archive |
| 2022-03-11 | SecDef memo, "Policies Governing Offices of Special Trial Counsel" | OSTCs to be established by 2022-07-15 and reach full operating capability by 2023-12-27. STCs to be "highly skilled, experienced, well-trained, and competent," assigned for at least 3 years. Promotion boards to "value litigation experience." | 2022-03-11 | New authorities do not apply to offenses committed before 2023-12-28 | DAC-IPAD reading room |
| 2022-06-15 | Department of the Air Force OSTC | First DoD OSTC stood up at initial operating capability (DAF). | 2022-06-15 | n/a | AF JAG Reporter, JAJ message |
| 2022-12-23 | FY2023 NDAA, Pub. L. 117-263, §541(a) | Added Arts. 119a (death or injury of an unborn child) and 120a (mailing obscene matter) to covered offenses. | Immediately after FY2022 §533 took effect, i.e. 2023-12-27 | Offense date (after 2023-12-27) | govinfo 801 notes (2022 ed.); Just Security, FY2023 NDAA |
| 2022-12-23 | FY2023 NDAA, Pub. L. 117-263, §541(b) | Added substantiated sexual harassment (Art. 134) to covered offenses. | 2025-01-01 | Offense date: "apply with respect to offenses that occur after that date" | govinfo 801 notes |
| 2022-12-23 | FY2023 NDAA, Pub. L. 117-263, §543 | Random selection of members "to the maximum extent practicable" (Art. 25(e)(4)). | 2024-12-23 | Convening date: "courts-martial convened on or after that effective date" | govinfo 10 U.S.C. 825 (2023 ed.) |
| 2022-12-23 | FY2023 NDAA, Pub. L. 117-263, §544 | Expanded appeal of right to the Courts of Criminal Appeals (Art. 66(b)). | 2022-12-23 | Not applicable to matters submitted to a CCA before 2022-12-23 | Art. 66 notes (customsmobile) |
| 2022-12-23 | FY2023 NDAA, Pub. L. 117-263, §545 | 10 U.S.C. 1044f amended: Air Force and Space Force share one lead STC. | With FY2022 §532 (2023-12-27) | n/a | counselstack reproduction of 1044f |
| 2023-01-17 | DoD General Counsel (Krass) memo, revised Art. 140a standards | Each service runs its own system. Documents public 45 days after the record of trial is certified. | 2023-01-17 | Certification date | NIMJ Art. 140a paper; DoD standards text (DocumentCloud) |
| 2023-07-28 | EO 14103 (2023 MCM amendments) | Annex 1 effective on signing. Annex 2 implements OSTC on the §539C schedule. Annex 3 adds the sentencing parameters and criteria (new R.C.M. 1002 framework / Appendix 12B) and judge-alone sentencing. | Annex 1: 2023-07-28. Annexes 2–3: 2023-12-27 | Annex 3 follows §539E(f) (all findings for post-2023-12-27 offenses). Savings clause: preliminary hearings, referrals, and arraigned trials begun before continue under old rules. | govinfo DCPD-202300670; CAAF 2024 conference slides on parameters |
| 2023-12-22 | FY2024 NDAA, Pub. L. 118-31, §531 | Added Art. 24a(d): STCs may, at their discretion, take certain covered offenses that occurred on or before 2023-12-27. Removed "by the convening authority" from Art. 16(c)(2)(A). Added "dating partner" to Art. 128b and stalking. | Art. 24a/16/25 changes: immediately after FY2022 Part 1 (2023-12-27). | Offense date windows set in Art. 24a(d) (e.g., Arts. 125/130/132 on or after 2019-01-01 and before 2023-12-28) | govinfo 824a; uscode.house.gov 816; govinfo 928b |
| 2023-12-22 | FY2024 NDAA, Pub. L. 118-31, §§533, 536 | §533: Supreme Court certiorari available even when CAAF denies review. §536: DoD study of unanimous verdicts. Unanimity was not enacted. | §533: one year after enactment, for cases where CAAF acts after that date | CAAF action date (§533) | Just Security, FY2024 NDAA; White House bill signing |
| 2023-12-27 / 28 | All services' OSTCs: full operating capability | OSTCs took exclusive authority over covered offenses. Navy: FOC 2023-12-27, commands report covered offenses from 2023-12-28. USMC MARADMIN 655/23: OSTC "shall exercise authority over covered offenses committed on or after 28 December 2023." DAF and Army: operational 2023-12-28. | 2023-12-27 | Offense date (on or after 2023-12-28), plus discretionary take of earlier offenses | Navy press release; MARADMIN 655/23; DAF OSTC; Army.mil |
| 2024-11-22 | Joint Service Committee report on unanimous verdicts (FY2024 NDAA §536 study) | Concluded that requiring unanimous verdicts "is not advisable at this time," citing the effect of mistrials on readiness, the loss of secret voting, and the risk of rank and command influence. As Congress required, it included draft legislation, which the report states is not DoD policy. Made public through a FOIA request in May 2025. | n/a (report) | n/a | JSC report (via NIMJ) |
| 2024-12-20 | EO 14130 (2024 MCM amendments), 89 FR 105343 | Prescribed randomized member selection regulations (Art. 25(e)(4)) and amended MCM Parts II–V. | 2024-12-20 generally. R.C.M. 908(c)(3), 1205(a), and 1209(a)(1): 2024-12-22. R.C.M. 503(a)(1) (member selection): 2024-12-23. | Savings clause for proceedings already begun. Member selection follows the convening date (§543). | FR 2024-31354; Biden White House archive |
| 2024-12-23 | FY2025 NDAA, Pub. L. 118-159, §565 | Removed marriage as a defense to Art. 120b(b) and (c) (sexual assault and sexual abuse of a child). Also struck "not legally married to the person" from the 120b consent provision. | 2024-12-23 (enactment; no separate effective-date note in the U.S. Code) | Offense date (ex post facto) | govinfo 10 U.S.C. 920b (2024 ed.); govinfo PLAW-118publ159 details |
| 2024-12-23 | FY2025 NDAA, Pub. L. 118-159, §562 | Added Art. 24a(d)(2): after 2025-01-01, STCs may take standalone sexual harassment offenses that occurred after 2022-01-26 and on or before 2025-01-01. Also added Arts. 119a, 120, and 120a to the pre-cutoff list. | 2024-12-23 | Offense-date window | govinfo 824a |
| 2024-12-23 | FY2025 NDAA, Pub. L. 118-159, §§561, 563, 564, 566, 569A, 569E, 569F | §561: Art. 2 clarification. §563: detailing of appellate defense counsel. §564: aiding the enemy (Art. 103b). §566: consolidated reporting. §569A: changed the timeline for the unanimous-verdict study (no unanimity enacted). §569E: MRE 513 analysis. §569F: deepfake intimate images analysis. | Varies by section | n/a | govinfo PLAW-118publ159 (table of contents) |
| 2025-01 (approx.) | DoD General Counsel memo on Art. 140a (per press report) | Services to post a summary of each completed court-martial within 7 days (down from 45). Article 32 hearing schedules added to dockets. | Army was posting Art. 32 schedules by June 2025 | Trial completion date | Stars and Stripes, 2025-06-16 |
| 2025-10-03 | JSC Federal Register notice, proposed MCM amendments (DoD-2025-OS-0672) | Proposed changes only, not an EO. | n/a | n/a | FR 2025-19383 |
| 2025-12-18 | FY2026 NDAA, Pub. L. 119-60, §§561–567 | §561: new Art. 6(a). All judge advocates (prosecution and defense alike) must be admitted to practice, keep an active good-standing license, and be subject to that bar's discipline. §562: legal advice to commanders. §§563, 566, 567: analyses only (Art. 117a changes, abusive sexual contact definition, a child-pornography punitive article). No unanimity, sentencing, or OSTC-scope changes appear in the table of contents. | 2025-12-18 (enactment; the law sets no later date). The U.S. Code, current through Pub. L. 119-121, shows Art. 6(a) in force. S. 4164, a technical correction to Art. 6(a)(1)(B), passed the Senate but has not been enacted; the House-passed FY2027 NDAA (§541) contains the same correction. | n/a | govinfo PLAW-119publ60; uscode.house.gov 10 U.S.C. 806; S. 4164 (ES) |
| 2026-05-08 | SecDef memo, "Departmental Review of the Military Legal System and Its Impact on Service Members" | Created a Special Review Panel under the DoD General Counsel for an ongoing review of the military legal system, with comparisons to the Justice Department and civilian criminal justice systems. DoD had directed the Military Justice Review Panel to stop operating on 2025-03-07. | Ongoing | n/a | Military Times, 2026-05-22; Just Security |
| 2026-09-01 | United States v. Kruse, No. 26-0156/MC (C.A.A.F.) | OSTC has exclusive authority over covered offenses, including whether reported conduct is a covered offense. After OSTC defers, the convening authority may refer the same underlying conduct to court-martial if it is not charged as a covered offense (Art. 24a(c)(5)). | 2026-09-01 | Referrals after an OSTC deferral | CAAF opinion |
| 2026-10-19 | United States v. Galvin, No. 26-0300/AF (C.A.A.F., summary disposition) | Citing Kruse, set aside the Air Force Court of Criminal Appeals' ruling that the convening authority lacked authority to refer an Art. 92 dereliction specification after OSTC deferred the conduct as sexual harassment; returned the case for further Art. 62 review. The preemption question was not decided. | 2026-10-19 | Referrals after an OSTC deferral | CAAF summary dispositions |
Pending: the FY2027 NDAA (H.R. 8800, passed by the House on 2026-07-22; S. 4784, reported by the Senate Armed Services Committee on 2026-06-15) has not been enacted. Its military justice provisions are summarized in Military Moves Toward Sentencing Guidelines to Mirror the Federal System.
Notes
- EO 13968 is not an MCM order. It is "Promoting Redemption of Savings Bonds" (Dec. 2020) (FR 2020-28606). No 2020 MCM executive order was found. MCM orders confirmed in this period: 13447 (2007), 13643 (2013), 13669 (2014), 13696 (2015), 13730 (2016), 13740 (2016), 13825 (2018), 14062 (2022), 14103 (2023), and 14130 (2024).
- Later Art. 120 amendments: after MJA16, the current Code notes show only Pub. L. 115-91 (a spelling correction, "breast" for "brest"). No later substantive Art. 120 rewrite was found through Pub. L. 119-60. FY2026 §566 orders only an analysis of the abusive-sexual-contact definition.
- STC qualification criteria (statutory): Art. 24a(b) requires a commissioned officer who is a bar member and is certified by the Judge Advocate General (or the SJA to the Commandant) as qualified "by reason of education, training, experience, and temperament." A lead STC must be O-7 or above (Art. 24a(b)(2); 10 U.S.C. 1044f(a)(2)). 1044f(a)(4) requires STCs to be "well-trained, experienced, highly skilled, and competent." The DoD policy is the 2022-03-11 SecDef memo above.
- Defense counsel criteria (statutory): Art. 27(b) requires bar membership or graduation from an accredited law school, plus TJAG certification as "competent." It sets no experience or temperament certification comparable to Art. 24a(b)(1)(B). Related provisions: Art. 27(d) (learned counsel in capital cases where practicable); the Pub. L. 114-328 §542 note (experience and supervision programs for trial and defense counsel); the Pub. L. 117-81 §549D note (resourcing; defense counsel in covered-offense cases "well-trained, experienced, and skilled"); FY2025 §563 (appellate defense detailing); and FY2026 §561 (licensing for all judge advocates). No independent defense organization was created by statute through Pub. L. 119-60.
- Unanimous verdicts: not enacted through Pub. L. 119-60. Only studies were ordered (FY2024 §536; timeline changed by FY2025 §569A). Art. 52 still requires three-fourths for non-capital findings. The Joint Service Committee's November 2024 study concluded that requiring unanimous verdicts "is not advisable at this time."
- Coast Guard OSTC: 10 U.S.C. 1044f and Art. 24a apply through the "Secretary concerned."
Transition periods to flag in data posts
- Oct 2007 – about 2010 (Coast Guard; Navy only from 2013): trials could involve pre-Oct 2007 Art. 120 (rape and carnal knowledge) or 2007 Art. 120 offenses, depending on offense date.
- June 28, 2012 – about 2016 (Coast Guard, Navy 2013+, Air Force 2016): trials mix the 2007 and 2012 versions of Art. 120. Arts. 120b and 120c apply only to offenses on or after June 28, 2012. Child sex-offense cases may be charged under 2007 Art. 120 or 2012 Art. 120b.
- June 24, 2014 onward: the mandatory dismissal or dishonorable discharge for rape and sexual assault, and the Art. 60 clemency limits, apply only to offenses on or after June 24, 2014. Trials in 2014–2016 for earlier offenses may show sentences without a punitive discharge and fuller convening-authority clemency.
- Dec 26, 2014: the Art. 32 preliminary hearing applies by hearing date, so there is a sharp procedural break with no offense-date lag. It affects pretrial stages, not trial results directly.
- Calendar 2019 – about 2021 (all services in the data except Army): cases referred before Jan 1, 2019 stayed fully under pre-MJA16 rules. Cases referred after that date but with any pre-2019 specification used old sentencing procedures (member sentencing, unitary sentence) unless the accused elected new rules under R.C.M. 902A, and the old Art. 60 powers. Art. 128b charges are possible only for offenses on or after Jan 1, 2019. Judge-alone SPCMs (6-month cap, no BCD) begin with 2019 referrals.
- Dec 23, 2020 onward (Army data start): public docket and records posting under Art. 140a. Navy-Marine Corps records cover cases referred on or after Dec 23, 2020. Differences in coverage before and after this date reflect publication rules, not case volume. The 2023 (45-day) and 2025 (7-day summary) guidance changed what is posted and when.
- Jan 1, 2021 onward: the new CCA factual-sufficiency standard applies only where every guilty finding is for an offense on or after Jan 1, 2021. This affects appellate outcomes, not trial results.
- Dec 27, 2023 – about 2026 (all services): OSTC exclusive authority applies to covered offenses on or after Dec 28, 2023, with STCs able to take earlier ones at their discretion (Art. 24a(d)). Sentencing parameters and judge-only sentencing apply only if all guilty findings are for offenses after Dec 27, 2023. So 2024–2026 trials mix (a) old-rule cases, where members could still sentence, with no parameters and commander-referred cases, and (b) new-rule cases with judge sentencing within parameters. Mixed-offense cases stay on old sentencing rules. The data cannot separate these groups without offense dates.
- Dec 23, 2024 onward: randomized member selection applies by convening date.
- Jan 1, 2025 onward: substantiated sexual harassment is a covered offense (offenses after Jan 1, 2025). Earlier harassment (after Jan 26, 2022) may be taken by STC discretion.
- Dec 23, 2024 onward (Art. 120b marriage defense): applies only to offenses after enactment. Effect on trial data is expected to be small and slow.
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.