§830 — Title 10 Armed Forces | U.S. Code

Summary

Only someone who is covered by this chapter may file charges, and they must be in writing and signed under oath before a commissioned military officer who can administer oaths. The written statement must say the signer has personal knowledge or has investigated the facts and believes them to be true. When charges are filed, the proper authority must, as soon as practicable, tell the accused about them and decide how to handle the charges in the interest of justice and discipline.

Title 10, §830

Armed Forces — Source: USLM XML via OLRC

(a)Charges and specifications—

(1)may be preferred only by a person subject to this chapter; and

(2)shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.

(b)The writing under subsection (a) shall state that—

(1)the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and

(2)the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.

(c)When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—

(1)inform the person accused of the charges and specifications; and

(2)determine what disposition should be made of the charges and specifications in the interest of justice and discipline.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 830(a)830(b)50:601(a).50:601(b).May 5, 1950, ch. 169, § 1 (Art. 30), 64 Stat. 118. In subsection (a), the word “they” is substituted for the words “the same”. The word “commissioned” is inserted for clarity.

Editorial Notes

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— “(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and “(2) that they are true in fact to the best of his knowledge and belief. “(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. Timely Disposition of Nonprosecutable Sex-Related Offenses Pub. L. 116–92, div. A, title V, § 540C, Dec. 20, 2019, 133 Stat. 1366, provided that: “(a) Policy Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses. “(b) Nonprosecutable Sex-related Offense Defined.—In this section, the term ‘nonprosecutable sex-related offense’ means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense.”

§830 Art. 30. Charges and specifications