Legal Definitions - initiation of charges

In military law, the term initiation of charges refers to the very first formal step taken when an alleged offense committed by a service member is brought to the attention of the appropriate military authorities. It is the initial report or notification that triggers the formal military justice process, indicating that a person subject to military law may have violated the Uniform Code of Military Justice (UCMJ).

Here are a few examples to illustrate this concept:

• Example 1: Alleged Theft of Government Property

  Imagine a supply sergeant discovers that several high-value tools are missing from the unit's inventory, and an investigation points to a specific junior enlisted service member. The sergeant then submits a formal written report to their commanding officer, detailing the missing items and the evidence suggesting the service member's involvement.

  Explanation: This formal report to the commanding officer (a proper military authority) about the alleged theft by a service member (a person subject to the UCMJ) constitutes the initiation of charges. It is the initial official notification that an offense may have occurred, prompting further investigation and potential legal action within the military justice system.

• Example 2: Disobeying a Lawful Order

  During a field exercise, a captain gives a direct, lawful order to a lieutenant, which the lieutenant openly refuses to follow in front of other personnel. The captain immediately documents the incident and submits a formal statement to their battalion commander, outlining the insubordination.

  Explanation: The captain's formal statement to the battalion commander (a proper military authority) regarding the lieutenant's alleged disobedience of a lawful order (an offense under the UCMJ) is the initiation of charges. This action formally brings the alleged misconduct to the attention of the military justice system for review.

• Example 3: Off-Base Altercation

  Two service members, both assigned to the same base, get into a physical fight at a local restaurant off-base. Local police respond, but due to the military affiliation of those involved, they notify the military police. A military police officer then files an initial incident report with their unit's legal office, detailing the alleged assault and identifying the service members involved.

  Explanation: The military police officer's incident report to the legal office (a proper military authority) about the alleged assault between service members (persons subject to the UCMJ) serves as the initiation of charges. This report formally brings the alleged offense to the attention of the military justice system, allowing them to begin their own investigation and determine appropriate action.