Legal Definitions - charge and specification

In military law, a charge and specification refers to the formal, written document that outlines an alleged offense committed by a service member. It functions much like an indictment or criminal complaint in a civilian court, providing a detailed description of the accusation, including the specific actions or omissions, the date and location of the alleged incident, and the particular military law or regulation that was supposedly violated.

• Example 1: Unauthorized Absence

  Imagine an Army sergeant who fails to report for duty at their assigned post for several consecutive days without permission. The military authorities would prepare a charge and specification. This document would formally accuse the sergeant of unauthorized absence, detailing the exact dates they were absent, their unit, and citing the specific article of the Uniform Code of Military Justice (UCMJ) that prohibits such conduct. This written statement provides the official details of the alleged misconduct that the sergeant must answer to.

• Example 2: Theft of Government Property

  Consider a Navy petty officer suspected of taking a piece of specialized navigation equipment from a ship's inventory without authorization. A charge and specification would be drafted, formally stating that the petty officer is charged with theft of government property. It would specify the exact item taken, the approximate date it was allegedly removed, and the relevant UCMJ article prohibiting theft. This document precisely describes the alleged offense for which the petty officer is being held accountable.

• Example 3: Disobeying a Lawful Order

  Suppose an Air Force airman is given a direct, lawful order by a superior officer to perform a specific task, but the airman openly refuses to comply. A charge and specification would be created to formally accuse the airman of disobeying a lawful order. It would detail the specific order given, the superior who issued it, when and where it was given, and the airman's refusal, along with the relevant UCMJ article. This document clearly lays out the alleged breach of military discipline that forms the basis of the accusation.