Military law, straight answers
The bottom line, up front
Every answer here starts with its bottom line, the way a military memo does, and then shows the rules it rests on. Find your question below by its words or by the Article of the UCMJ it cites.
- 98 questions answered
- 56 Articles of the UCMJ cited
- 337 references linked
The bottom lines
Every question in the order of the site, as the subject line of a memo, with the first words of its answer when they are a short verdict.
Pick an Article of the UCMJ
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What is the single most important thing a service member should do in the first 24 hours after learning they are under UCMJ investigation?
- Art. 31
- Art. 107
- Art. 92
- Art. 131b
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Can a soldier who reported sexual assault be charged under UCMJ themselves if the investigation reveals contradictions in their account?
- Art. 31
- Does a court-martial conviction prevent a veteran from working in federal law enforcement after discharge?
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Can a soldier be involuntarily separated following a court-martial acquittal through a separate administrative process?
- Art. 52
- How does a UCMJ charge, even without a conviction, affect a soldier's next promotion board evaluation?
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What happens to a soldier's pay, rank, and benefits during the appellate process, and if the conviction is overturned, does the military owe back pay?
- Art. 57
- Art. 58a
- Art. 58b
- Art. 76a
- Art. 75
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Can newly discovered evidence reopen a closed and final court-martial conviction?
- Art. 73
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How long does a convicted service member have to file an appeal after court-martial sentencing?
- Art. 66
- Art. 67
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If a witness recants their statement before trial begins, can the prosecution still introduce the original statement as evidence?
- Art. 32
- Art. 6b
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Can a soldier facing court-martial be confined before trial without a formal hearing, and for how long?
Yes.
- Art. 13
- Art. 10
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Does a commanding officer's documented personal animosity toward a soldier constitute independent grounds for dismissal of charges?
Not by itself.
- Art. 1
- Art. 22
- Art. 23
- Art. 37
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Can a military judge dismiss charges outright for prosecutorial misconduct that occurred during the investigation phase?
- Art. 24a
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If a senior officer publicly called a soldier guilty before trial, can that statement get the charges dismissed?
- Art. 37
- Art. 24a
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What is unlawful command influence, how do you prove it in court, and what remedy does the military judge apply when it is found?
- Art. 37
- Art. 24a
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Can a civilian attorney and an assigned JAG defense counsel work together on the same court-martial case?
- Art. 38
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Does retaining a civilian attorney signal guilt to a military panel or to the chain of command?
- Art. 38
- Art. 51
- Art. 53
- Art. 37
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What specific tactical and procedural things can a civilian military attorney do that a JAG defense counsel structurally cannot?
- Art. 38
- Art. 37
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Can a military family member be subpoenaed and compelled to testify against a service member at court-martial?
Yes.
- Art. 32
- Art. 6b
- Art. 48
- Art. 47
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Will a court-martial conviction affect my military dependent benefits, base access, and commissary privileges?
- Art. 58b
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How do I locate and retain a civilian military defense attorney when my spouse is stationed overseas?
- Art. 38
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As a military spouse, am I entitled to attend my husband's court-martial proceedings as a member of the public?
Yes, as a rule.
- Art. 6b
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How does evidence gathered by a foreign government get treated in a U.S. military court proceeding?
- Art. 31
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Can a civilian military defense attorney physically travel to Germany, Japan, or South Korea to represent a service member?
Yes, for a court-martial.
- Art. 38
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If a crime is committed off-base in a foreign country, does host nation jurisdiction or UCMJ jurisdiction take precedence, and does SOFA status change that?
- Art. 5
- Who has the authority to appoint an AR 15-6 investigating officer, and what rank must that officer hold relative to the subject?
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Can the soldier under investigation in an AR 15-6 review the investigation report before any adverse action is taken?
- Art. 31
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Does an AR 15-6 investigation automatically lead to UCMJ charges, or can command close it without further action?
- Art. 1
- Art. 24a
- Art. 31
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Can a civilian aviation record or FAA violation be used against a military pilot at a Flight Evaluation Board?
Yes, if it is relevant.
- What evidence does the government need to convene a Flight Evaluation Board, and can the pilot challenge it before the board sits?
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Can a pilot lose their wings at a Flight Evaluation Board even if no criminal charges have been filed?
Yes.
- If an officer resigns in lieu of court-martial, what discharge characterization do they typically receive?
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Does a court-martial conviction automatically terminate an officer's retirement eligibility regardless of years served?
No.
- Art. 57
- Art. 60a
- Art. 53a
- Art. 2
- What is a Board of Inquiry and how does it differ procedurally from a show cause board?
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Can a commissioned officer be reduced in rank below O-1 by a court-martial sentence?
No.
- Art. 58a
- Art. 57
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Does a court-martial acquittal automatically restore a security clearance that was suspended during proceedings?
No.
- Art. 51
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Can a service member proactively self-report a UCMJ charge to prevent their clearance from being revoked without notice?
- Art. 31
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At what point in a UCMJ investigation does a security clearance typically get suspended, and does the investigation itself affect renewal even if charges are dropped?
There is no fixed point.
- Can a DD-214 be formally corrected to remove a charge that was dismissed before court-martial?
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Does a General Discharge Under Honorable Conditions affect GI Bill eligibility?
Yes.
- Can a Dishonorable Discharge be upgraded years later, and if so, do lost benefits get retroactively restored?
- What is the practical difference between a Bad Conduct Discharge and an OTH in terms of VA healthcare and education benefits?
- Can a soldier fight an administrative separation for a pattern of misconduct when each individual incident was minor?
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If a separation board recommends retention, can the commanding general override that recommendation?
- Art. 37
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Can a soldier with fewer than six years of service demand a board hearing before being separated?
Not as a general rule.
- What is the difference between an administrative separation board and a Board of Inquiry for commissioned officers?
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Does the military have a plea bargain system, and how does it differ structurally from civilian plea deals?
Yes.
- Art. 53a
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Does refusing NJP reset or extend the time window the command has to bring formal charges?
No.
- Art. 43
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Can a prior NJP record be introduced as evidence in a later court-martial for a completely different offense?
- Art. 53
- Art. 56
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What happens to an NJP record if the soldier successfully appeals to the next superior commander?
It depends on what "successful" means.
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Can a commander offer NJP for an offense that occurred before the soldier was transferred to that unit?
Yes.
- Art. 43
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If a soldier is acquitted at court-martial for manslaughter, can civilian prosecutors retry the case without triggering double jeopardy?
It depends on which civilian prosecutors.
- Art. 44
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What is the practical difference between Article 118 and Article 119, and how does the convening authority choose between them?
- Art. 118
- Art. 119
- Art. 52
- Art. 53
- Art. 56
- Art. 1
- Art. 24a
- Art. 79
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Can a soldier be prosecuted under UCMJ for a death that occurred during a training exercise?
Yes.
- Art. 119
- Art. 1
- Art. 24a
- Art. 31
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What is the vacation of a suspended punishment under Article 15, and when can a commander reinstate a previously suspended NJP?
- Art. 15
- Art. 138
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Can a soldier be charged with pandering or solicitation if the person involved was a civilian and the act occurred entirely off-base?
Yes.
- Art. 5
- Art. 82
- Art. 120c
- Art. 1
- Art. 31
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Under what specific conditions does the military actually prosecute adultery in 2025, and must the conduct demonstrably harm good order and discipline for charges to proceed?
- Art. 134
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Does the monetary value of stolen property determine whether the charge goes to a general or special court-martial?
No.
- Art. 121
- Art. 1
- Art. 19
- Art. 18
- Art. 53
- Art. 56
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Can two soldiers be charged with conspiracy even if the underlying crime was never actually carried out?
Yes.
- Art. 81
- Art. 31
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If I deleted messages during an active investigation, does that automatically constitute an obstruction charge?
No, not automatically.
- Art. 131b
- Art. 31
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Can a soldier be charged with larceny for taking government property that was scheduled to be discarded?
Yes.
- Art. 121
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Is a second positive urinalysis automatically elevated to a distribution charge rather than simple use?
No.
- Art. 112a
- Art. 53
- Art. 56
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What happens to two soldiers from the same unit who both test positive at the same urinalysis?
Each case stands on its own.
- Art. 81
- Art. 131b
- Art. 31
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Can a legitimately prescribed medication cause a false positive that the military must treat as a valid defense?
- Art. 31
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If I tested positive for THC in a state where marijuana is legal, does that have any bearing under UCMJ?
No.
- Art. 112a
- Art. 5
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My positive urinalysis result came back weeks after collection. Does the delay affect its admissibility?
Not by itself.
- Art. 112a
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Can I challenge the chain of custody of a urine sample in a military drug prosecution?
Yes.
- Art. 112a
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How does a domestic violence allegation affect my security clearance from the moment it is reported?
- Art. 107
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If my spouse recants the accusation entirely, will the military still move forward with prosecution?
It can.
- Art. 24a
- Art. 1
- Art. 131b
- Art. 107
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Does a domestic violence conviction under Article 128b trigger a lifetime federal firearms ban under the Lautenberg Amendment?
- Art. 20
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A Military Protective Order was issued before any formal investigation began. Is that legally permissible?
Yes.
- Art. 92
- Art. 138
- Art. 37
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Can the defense challenge the alleged age of the victim as part of an Article 120b defense strategy?
Yes, in two different ways.
- Art. 120b
- Does an Article 120b conviction require sex offender registration after discharge from service?
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If the alleged victim is a minor and a military dependent, who has jurisdiction, the military or civilian prosecutors?
More than one system can.
- Art. 5
- Art. 1
- Art. 24a
- Can a soldier's prior civilian criminal record be introduced as evidence against them at court-martial?
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Can a soldier be convicted of Article 120 based solely on the accuser's testimony, and does the military apply a lower evidentiary standard than civilian courts?
- Art. 51
- Art. 52
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Is there a statute of limitations on Article 120 charges under the UCMJ?
- Art. 43
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Can an Article 120 accusation made overseas be prosecuted in a U.S. military court?
Yes.
- Art. 5
- Art. 24a
- Art. 18
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What happens if the alleged victim refuses to cooperate with prosecutors after filing an unrestricted report?
The case does not end automatically.
- Art. 24a
- Art. 32
- Art. 47
- Art. 131b
- Can text messages and social media posts be used as defense evidence in Article 120 proceedings?
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The accuser has changed her story twice. How does inconsistency affect an Article 120 case at trial?
- Art. 32
- Art. 52
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If I am acquitted at court-martial, does the charge still appear anywhere in my military record?
It can.
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Can I request trial by judge alone instead of a panel at a general court-martial?
Yes, in a non-capital case.
- Art. 16
- Art. 18
- Art. 25
- Art. 41
- Art. 52
- Art. 53
- Art. 56
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What is the maximum sentence a special court-martial can impose compared to a general court-martial?
- Art. 19
- Art. 16
- Art. 56
- Art. 53
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Can a summary court-martial result in a federal conviction on a permanent civilian record?
No.
- Art. 20
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Who decides whether a service member faces a summary, special, or general court-martial, and can the accused influence that decision?
- Art. 24a
- Art. 1
- Art. 22
- Art. 23
- Art. 24
- Art. 34
- Art. 19
- Art. 20
- Art. 16
- Art. 53
- Art. 15
- Art. 53a
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What is a pretextual investigation in military law and how is it challenged before charges are referred?
- Art. 37
- Art. 138
- Art. 34
- Art. 32
- Art. 24a
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Can evidence obtained through an illegal search still be introduced at an Article 32 hearing?
Yes.
- Art. 32
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If the Article 32 officer recommends dismissal, does the convening authority have to follow that recommendation?
No.
- Art. 24a
- Art. 34
- Art. 1
- Art. 32
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Can the defense call witnesses at an Article 32 hearing, or is the process entirely one-sided?
- Art. 32
- Art. 24a
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Can a fellow soldier question me on behalf of investigators without triggering Article 31 protections?
- Art. 31
- Art. 107
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Does invoking Article 31 make me look guilty to my chain of command?
- Art. 31
- Art. 92
- Art. 138
- If I invoked Article 31 but kept talking anyway, can that statement still be used against me at trial?
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How is Article 31 different from Miranda, and why does that difference matter in a military case?
- Art. 31
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Can a military member be prosecuted under UCMJ for conduct that occurred before they enlisted?
- Art. 121
- Art. 2
- Art. 104a
- Art. 83
- Art. 43
- Art. 107
- My phone was seized by military investigators. Can they search it without a separate court order?
- NCIS knocked on my door off-base. Can they enter without a warrant?
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My commander said it is just an informal conversation. Does that still trigger my Article 31 rights?
It can.
- Art. 31
- Art. 107
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CID showed up at my barracks asking questions. Do I have to talk to them?
No.
- Art. 31
- Art. 107
- Art. 92
Every question, newest first
Page 1 of 4.
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What is the single most important thing a service member should do in the first 24 hours after learning they are under UCMJ investigation?
The single most important step is saying nothing about the allegation to anyone except a defense lawyer, and reaching a defense lawyer as soon as possible. That one rule covers investigators, your chain of command, coworkers, and the people involved. Everything else that protects you in the first day, from keeping your records intact to staying away from witnesses, follows from it.
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Can a soldier who reported sexual assault be charged under UCMJ themselves if the investigation reveals contradictions in their account?
A charge is possible, but contradictions alone are not an offense. To prove a false official statement under Article 107, the government must show the statement was false, that the soldier knew it was false when making it, and that it was made with intent to deceive. Inconsistency between accounts, memory gaps, or a case that does not result in conviction do not establish those elements. Separately, the Army's Safe-to-Report policy protects a sexual assault victim from discipline for minor collateral misconduct, such as underage drinking at the time of the assault. A reporting soldier who becomes a suspect is entitled to Article 31(b) warnings before questioning.
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Does a court-martial conviction prevent a veteran from working in federal law enforcement after discharge?
Not automatically, but some convictions and discharges create firearm bars that make armed law enforcement work impossible, and the rest is a suitability judgment by the agency. A conviction for a misdemeanor crime of domestic violence bars firearm possession even for duty weapons, because the government-use exception in 18 U.S.C. § 925(a)(1) excludes that bar. A conviction for an offense punishable by more than one year, or a dishonorable discharge, also creates federal firearm prohibitions. Beyond those bars, federal suitability rules list criminal, dishonest, and violent conduct as factors and require agencies to weigh the position, seriousness, recency, and rehabilitation.
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Can a soldier be involuntarily separated following a court-martial acquittal through a separate administrative process?
In the Army, the answer differs for enlisted soldiers and officers. For enlisted soldiers, AR 635-200 restricts it: "No Soldier will be considered for administrative separation because of conduct that ... Has been the subject of judicial proceedings resulting in an acquittal," for separations under the misconduct, unsatisfactory performance, and entry-level chapters, with a stated procedure through the Office of The Judge Advocate General. For officers, AR 600-8-24 says the opposite: an acquittal does "not preclude an administrative discharge action." Either way, conduct that was not the subject of the trial, and later conduct, can still be the basis for separation.
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How does a UCMJ charge, even without a conviction, affect a soldier's next promotion board evaluation?
In the Army, the first effect is a flag, not a board file. When court-martial charges are preferred, or Article 15 proceedings begin, the commander must flag the soldier, and a flag blocks promotion, appearance before a semi-centralized promotion board, reenlistment, awards, and schooling while it is in place. A favorable outcome requires the flag to be removed within three working days. What a later board sees depends on what documents stay in the soldier's file: an acquittal or dismissal does not by itself remove an evaluation report, a reprimand, or, for officers, substantiated adverse findings recorded for selection boards.
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What happens to a soldier's pay, rank, and benefits during the appellate process, and if the conviction is overturned, does the military owe back pay?
During appeal, several parts of a sentence take effect before review is finished: adjudged forfeitures and reductions 14 days after sentencing, automatic forfeitures during confinement under Article 58b, and, where presidential regulation authorizes it, an automatic reduction to E-1 under Article 58a for enlisted sentences that include a punitive discharge, confinement, or hard labor. A punitive discharge or dismissal is not executed until appellate review is complete, but a member with such a sentence can be placed on required leave, during which pay stops once accrued leave runs out. If the conviction is set aside, the statutes require restoration of the pay, grade, and rights affected, with exceptions for a discharge or dismissal already executed and for punishment imposed again at a rehearing.
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Can newly discovered evidence reopen a closed and final court-martial conviction?
Yes, through two routes with different limits. A petition for a new trial under Article 73 can be filed within three years after the entry of judgment, on the ground of newly discovered evidence or fraud on the court; if the case is final, the Judge Advocate General decides it. After that window, the Supreme Court has held that military appellate courts can hear a petition for a writ of error coram nobis "to consider allegations that an earlier judgment of conviction was flawed in a fundamental respect." Separately, a board for correction of military records can act on a court-martial sentence for clemency, but it cannot overturn the conviction.
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How long does a convicted service member have to file an appeal after court-martial sentencing?
The deadlines are short and run from different events. Within 10 days after the sentence is announced at a general or special court-martial, extendable for good cause, the accused may submit clemency matters to the convening authority, and missing the deadline waives them. An appeal to the Court of Criminal Appeals, where review is not automatic, must be filed within 90 days after the accused is given notice of appellate rights, or by a later date the court sets. After a Court of Criminal Appeals decision, a petition to the Court of Appeals for the Armed Forces is due within 60 days. Cases with the most serious sentences are reviewed automatically, and a petition for a new trial has a separate three-year limit.
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If a witness recants their statement before trial begins, can the prosecution still introduce the original statement as evidence?
Sometimes, and the answer turns on what kind of statement it was. If the witness testifies at trial and the earlier statement was given "under penalty of perjury at a trial, hearing, or other proceeding or in a deposition," it can be used as substantive evidence of what happened. An ordinary interview or written statement to investigators is different: it can be used to impeach the witness's new account, not to prove the facts, unless a hearsay exception applies. If the witness does not testify at all, the government needs a hearsay exception, such as one for unavailable declarants, and for a testimonial statement must also satisfy the confrontation right.
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Can a soldier facing court-martial be confined before trial without a formal hearing, and for how long?
Yes. A commander can order pretrial confinement without a hearing, but three reviews must follow on a fixed clock: a probable-cause determination by a neutral and detached officer within 48 hours, the commander's decision whether confinement continues within 72 hours, and a review by a neutral officer within 7 days. There is no fixed maximum period of pretrial confinement, but the speedy-trial rules limit it: R.C.M. 707 requires that the accused be brought to trial, which the rule defines as arraignment, within 120 days of preferral or restraint, subject to excludable delay, and Article 10 requires "immediate steps" to try a confined accused or release them. Violations of the review rules earn day-for-day credit against the sentence.
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Does a commanding officer's documented personal animosity toward a soldier constitute independent grounds for dismissal of charges?
Not by itself. The legal hook for personal animosity is narrower: a commander with "an interest other than an official interest in the prosecution of the accused" is an "accuser" under Article 1(9), and an accuser may not convene a general or special court-martial for that accused. The consequence the statute provides is that the case moves to a superior competent authority, not that the charges disappear. Animosity can also support other claims, such as unlawful influence or retaliation, each with its own standard. For covered offenses committed after December 27, 2023, a special trial counsel, not the commander, makes the referral decision, which changes where the argument is aimed.
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Can a military judge dismiss charges outright for prosecutorial misconduct that occurred during the investigation phase?
It is possible, but the rules aim first at the specific harm. Misconduct during an investigation can come from investigators or commanders as well as from government counsel, and the Military Rules of Evidence and the Rules for Courts-Martial answer it with targeted remedies: suppressing an unlawfully obtained statement or search result, sanctioning a discovery failure, or granting relief for lost evidence. Dismissal is at the far end, for misconduct whose effect on a fair trial no narrower remedy can fix. Unlawful command influence during an investigation, such as deterring a witness, has its own framework under Article 37.
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If a senior officer publicly called a soldier guilty before trial, can that statement get the charges dismissed?
It can, but dismissal is the end of a road that starts with smaller remedies. A senior officer's public statement that a particular soldier is guilty can be unlawful command influence. Article 37's list of conduct that may not violate it covers statements that "do not advocate a particular disposition, or a particular court-martial finding or sentence, or do not relate to a particular accused," and a statement that a named soldier is guilty does both of those things. Once the defense presents some evidence that the statement reached the case, the government must disprove its effect beyond a reasonable doubt. For violations on or after December 20, 2019, a finding or sentence can be held incorrect on that ground only if the statement "materially prejudices the substantial rights of the accused."
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What is unlawful command influence, how do you prove it in court, and what remedy does the military judge apply when it is found?
Unlawful command influence is an attempt to improperly control the outcome of a court-martial or the decisions of the officials who handle it, and Article 37 forbids it in several forms, not only by commanders. To raise it, the defense must present "some evidence," more than "mere allegation or speculation"; the government then has to disprove it beyond a reasonable doubt. The remedy is chosen to fit the harm. One change matters for recent cases: for violations on or after December 20, 2019, Article 37(c) allows a finding or sentence to be held incorrect only if the violation "materially prejudices the substantial rights of the accused."
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Can a civilian attorney and an assigned JAG defense counsel work together on the same court-martial case?
Yes, and the UCMJ makes that the default. When the accused is represented by civilian counsel, the detailed or selected military defense counsel "shall act as associate counsel unless excused at the request of the accused." The accused decides whether military counsel stays. The statute labels military counsel "associate counsel" when civilian counsel is retained, and the rules cited here do not otherwise assign a lead role; how the lawyers divide the work is for the client and both lawyers to settle. Both owe their duties to the same client, and both are bound by the same privilege and professional rules.
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Does retaining a civilian attorney signal guilt to a military panel or to the chain of command?
It should not, and the law treats it as a right, not as evidence. The UCMJ gives every accused at a general or special court-martial and an Article 32 preliminary hearing the right to civilian counsel provided by the accused, alongside military counsel. Hiring a lawyer is the exercise of that right, not an element of any offense. What a panel member or a commander privately thinks cannot be fully controlled, but the procedures that govern the trial, including voir dire and the judge's instructions, exist to keep the verdict on the evidence.
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What specific tactical and procedural things can a civilian military attorney do that a JAG defense counsel structurally cannot?
Fewer than the question suggests, and the real differences are about scope and assignment, not about what can be argued in court. At a court-martial, detailed military defense counsel can file the same motions, request the same experts through the same procedure, and cross-examine the same witnesses as civilian counsel, and the law protects military defense counsel from being rated down for zealous defense. The structural differences are elsewhere: a civilian lawyer can represent the service member in civilian courts and in related matters military defense counsel does not handle, is chosen and paid by the client rather than detailed, and does not rotate with military assignments.
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Can a military family member be subpoenaed and compelled to testify against a service member at court-martial?
Yes. A family member can be subpoenaed like any witness, and a civilian who willfully refuses to appear or testify after proper process can be prosecuted in federal court. A spouse has two privileges under Mil. R. Evid. 504: to refuse to testify against the accused spouse, and to keep confidential marital communications private. Both disappear in listed cases, including when the accused is charged with a crime against the spouse or a child of either. Other relatives, such as parents, siblings, and adult children, have no family privilege under that rule. A spouse who is the alleged victim cannot be required to testify at the Article 32 preliminary hearing.
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Will a court-martial conviction affect my military dependent benefits, base access, and commissary privileges?
A conviction by itself does not end dependent benefits while the service member stays on active duty; what ends them is the separation, and a punitive discharge closes the usual transition programs. Transitional TRICARE coverage (TAMP) for involuntary separations requires separation "under other than adverse conditions," which a court-martial punitive discharge is not. The Continued Health Care Benefit Program writes the same condition into its member categories, lists former dependents and former spouses separately, and TRICARE's program page says that "In all cases" the service member's separation must be under "other than adverse conditions." Two programs exist specifically for families: a convening authority can waive automatic forfeitures for up to six months and pay them to dependents, and when the conviction is for abuse of a dependent, the spouse and children may receive transitional compensation for 12 to 36 months with commissary and exchange privileges.
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How do I locate and retain a civilian military defense attorney when my spouse is stationed overseas?
The starting point is what your spouse already has. A service member facing court-martial has the right to detailed military defense counsel and can ask for a specific military lawyer by name if that lawyer is reasonably available. A civilian lawyer is an addition to that team, paid for privately. If you are the one searching and paying, the client is still your spouse: the lawyer's duties run to the service member, and in Army proceedings a civilian lawyer may take a fee from someone else only with the client's informed consent, without interference in the lawyer's independent judgment, and with the client's information protected. The checks below help confirm that a lawyer can appear and is right for the case.
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As a military spouse, am I entitled to attend my husband's court-martial proceedings as a member of the public?
Yes, as a rule. Courts-martial "shall be open to the public," and the public includes both the military and civilian communities, so a spouse can attend like anyone else. The military judge can limit the number of spectators, exclude a specific person for a stated reason, or close a session in narrow circumstances, each with findings on the record. Two situations change the answer for a spouse: if the spouse is a witness, the judge can exclude the spouse from the courtroom while others testify; if the spouse is the alleged victim, the spouse has a statutory right not to be excluded except on a demanding showing.
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How does evidence gathered by a foreign government get treated in a U.S. military court proceeding?
The Military Rules of Evidence answer this directly. Evidence from a search by foreign officials is excluded only in two situations: U.S. personnel conducted, instigated, or participated in the search and it violated the rules that bind them, or the foreign search "subjected the accused to gross and brutal maltreatment." Statements taken by foreign officials abroad do not require Article 31 warnings unless U.S. personnel conducted, instigated, or participated in the interrogation, and are admissible unless obtained "through the use of coercion, unlawful influence, or unlawful inducement." Presence, interpreting, or limiting harm does not count as participation. Beyond those rules, foreign evidence still has to be authenticated and is still subject to cross-examination and the ordinary limits on relevance.
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Can a civilian military defense attorney physically travel to Germany, Japan, or South Korea to represent a service member?
Yes, for a court-martial. The UCMJ gives the accused the right to civilian counsel "if provided by him," and a court-martial held overseas is still a U.S. court-martial, so a qualified U.S. civilian lawyer can appear there. The qualification rule is bar membership, not command permission: a member of the bar of a federal court or of a state's highest court qualifies, and others can be found qualified by the military judge. What changes overseas is practical: travel and scheduling, cost borne by the accused, and the fact that a host-nation criminal case is a different proceeding, where who may appear depends on that country's rules.
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If a crime is committed off-base in a foreign country, does host nation jurisdiction or UCMJ jurisdiction take precedence, and does SOFA status change that?
It depends on the agreement in force and on the offense. Under the NATO Status of Forces Agreement, the model this page uses, an act that is a crime under only one country's law falls in that country's exclusive jurisdiction. When it is a crime under both, the jurisdiction is concurrent, and the agreement assigns a "primary right": the United States has it for offenses solely against U.S. property or security, offenses solely against other members of the U.S. force or their dependents, and offenses arising out of official duty; the host nation has it for everything else, which covers off-base offenses against local people or property that did not arise out of official duty. The country with the primary right can waive it, and once a member has been tried by one country, the other cannot try the member again for the same offense in that territory, though U.S. military authorities can still try violations of rules of discipline arising from the same act.
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Who has the authority to appoint an AR 15-6 investigating officer, and what rank must that officer hold relative to the subject?
For an Army administrative investigation under AR 15-6, the appointing authority can be "A commander at any level," a staff officer or supervisor in the grade of O-4 or GS-13 and above, or anyone authorized to appoint a board. The investigating officer must be senior in rank, by grade or date of rank, to anyone whose conduct may be investigated or who may receive adverse findings. The only exception is a written determination of military exigency; inconvenience and the unavailability of senior people do not qualify. An investigating officer of the same grade is not automatically improper, because seniority can turn on date of rank and other factors the regulation lists.