2018 Amendments to the Manual for Courts-Martial, United States

This executive order amends the Manual for Courts-Martial to implement the Military Justice Act of 2016, with most changes taking effect January 1, 2019. It includes detailed transition rules preserving old procedures for pre-2019 offenses and cases, and requires the Secretary of Defense to issue nonbinding guidance on charge disposition.

Federal Register Open PDF 83 FR 9889

Impact dates

Date TBD
Secretary of Defense nonbinding guidance on charge disposition (no explicit deadline in text)
Jan 1, 2019
MJA and Annex 2 amendments take effect
Dec 1, 2018
Latest date for Articles 146/146a amendments to take effect

Key directives

Amend Parts II, III, and IV of Manual for Courts-Martial per Annex 1 (effective immediately)
MJA takes effect January 1, 2019 except as otherwise provided
Annex 2 amendments, including Appendix 12A, take effect January 1, 2019
Amendments to Articles 2, 56(d), 58a, 63 apply only to offenses on or after January 1, 2019
Article 15 amendments apply to nonjudicial punishment imposed on or after January 1, 2019
Articles 32 and 34 amendments apply to preliminary hearings and advice on or after January 1, 2019
Article 79 and Appendix 12A amendments apply only to offenses on or after January 1, 2019
Sentencing procedure changes apply only to cases with all offenses on or after January 1, 2019
Articles 146/146a take effect day after FY2017 report submitted, but no later than December 1, 2018
Secretary of Defense, consulting with Secretary of Homeland Security, will issue nonbinding guidance on charge disposition factors

Who is ordered

Timeline

Immediate

EO signed and Annex 1 amendments effective March 1, 2018

Near term (90d)

Article 146/146a amendments must take effect by December 1, 2018

Long term

Majority of MJA and Annex 2 amendments effective January 1, 2019; nonbinding guidance on charge disposition to be issued

Risks & tensions

Complex transition with dual procedural tracks based on offense dates creates administrative burden and potential for error
Nonbinding guidance deadline is vague—EO states guidance 'will' be issued but provides no date or timeframe
Retroactivity protections extensive but may generate litigation over edge cases (e.g., offenses spanning 2018-2019)
Coordination required between Defense and Homeland Security on guidance, though military requirements take precedence