UCMJ – United States Code of Military Justice

844. ARTICLE 44. Former jeopardy

07. Trial Procedure

(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.


2 Comments for this entry

  • Ryan H

    bizwizardx@gmail.com
    I was separated from the army a month after I completed my 45 days xtra duty and loss of pay from an article 15.
    An hour after my article 15 results were in my 1SG, upset that I didn’t get separated as he recommended for first offence, positive urinalysis (THC 17 nanograms/1ml of urine) The A15, the Developmental Counseling, and separation paperwork, began by an email and never disclosed to me (I was 21 and told that the LTC 319th Battalion Commander had changed his mind and was now having me terminated.
    I have my DD214 and I was duped by my 1SG. I can prove a lot to get a discharge status upgrade.
    Would there be a protection against being disciplined and being kicked out after doing your complete, prescribed, article 15 punishment for the same thing? I have three black marks against me. They are all different disciplinary actions, an article 15, a developmental counseling and then finally a misconduct discharge, all for the same thing, and all executed by the same First Sergeant. Is there a discharge status upgrade claim in there somewhere?

    Anyone who knows about this, I have read a lot and several statutes that I would like to have your opinion on, along with any advice on how to go about a military discharge status upgrade request..

    Thanks,
    Ryan

  • J.king

    If i have a case going on the cilivian side can the army charge me with the same pending charges if i havent been found guilty

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