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  • Article 32 Hearing

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    1. to inquire into the legal sufficiency of the charges;
    2. to consider the form of the charges; and
    3. 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.

    Contact our military lawyers today to get help.