Legal Definitions - preferring of charges

In military law, preferring of charges refers to the formal and official act of accusing a service member of a crime or offense under the Uniform Code of Military Justice (UCMJ).

This process involves a person who is also subject to the UCMJ completing a specific document, known as a charge sheet. On this sheet, they detail the alleged offenses (the "charges") and the specific facts that support these allegations (the "specifications"). A crucial part of preferring charges is that the accuser must then formally sign and swear to the truthfulness of these accusations before a military authority. This formal step is a necessary precursor to any potential court-martial or other serious disciplinary proceedings.

Here are some examples to illustrate this concept:

• Example 1: Theft of Government Property
  Imagine a supply officer in the Air Force discovers that several high-value pieces of equipment are missing from a secure storage facility, and an investigation points to a specific airman. The supply officer, being subject to the UCMJ, would then formally complete a charge sheet. This document would meticulously list the missing items (the charges) and outline the evidence linking the airman to their disappearance (the specifications). The officer would then sign this document and formally swear to the truth of these allegations before a military legal official. This entire action constitutes the preferring of charges against the airman.

• Example 2: Unauthorized Absence (AWOL)
  Consider a Marine who fails to report for duty for an extended period without permission. The Marine's company commander, who is also subject to the UCMJ, would initiate the formal process. After confirming the unauthorized absence, the commander would prepare a charge sheet. This sheet would specify the dates the Marine was absent without leave (the charge) and detail the circumstances, such as failure to report to a specific location (the specifications). The commander would then sign and formally swear to these charges, thereby preferring of charges against the absent Marine.

• Example 3: Disobeying a Lawful Order
  Suppose a Navy petty officer directly refuses a lawful command from a superior officer during a critical training exercise. The superior officer, being subject to the UCMJ, decides to pursue formal disciplinary action. The officer would then complete a charge sheet, clearly stating the order given, the petty officer's refusal, and the date and time of the incident. The officer would then sign and formally swear to the accuracy of these accusations. This act of formal accusation, signing, and swearing is the preferring of charges against the petty officer.