Article 32 Hearing
Before a Commanding General can refer charges to a General Court-Martial, a thorough and impartial investigation into the basis for the charges must be conducted. This inquiry is called a preliminary hearing or an Article 32 hearing, and it has three main purposes:
- to inquire into the legal sufficiency of the charges;
- to consider the form of the charges; and
- to consider which forum is appropriate to handle the pending disciplinary action.
Beyond the stated purpose of the UCMJ Article 32 hearing, it also offers the accused a powerful discovery tool into the government’s case and provides defense counsel access to investigative files, as well as an opportunity to cross-examine important government witnesses, such as the alleged victim(s) or investigators.
Upon conclusion of the Article 32 hearing, the hearing officer drafts a report for the Commanding Officer/General who ordered the investigation. The Article 32 report is advisory in nature; accordingly, the Commanding General may favorably endorse the investigating officer’s opinion as to disposition, or reject the advisory opinion and refer charges at his own discretion.
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"NOT GUILTY" NOT GUILTY
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
Drug Use
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"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
Sexual Assault
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"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
Court-Martial
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"NOT GUILTY" Kings Bay, Georgia
Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.
Court-Martial
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"NOT GUILTY" Spangdahlem Air Base, Germany
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.
Sexual Assault