scope:

Purpose

This guide is published for use by officers who have been appointed as preliminary hearing officers (PHOs) under Article 32 of the Uniform Code of Military Justice (UCMJ). Congress amended Article 32 in the National Defense Authorization Act for Fiscal Year 2014 and modeled it on Rule 5.1 of the Federal Rules of Criminal Procedure pertaining to Federal preliminary hearings. The purpose of the preliminary hearing is to determine whether probable cause exists to believe an offense was committed under the UCMJ, whether the accused committed it, whether the convening authority has court-martial jurisdiction over the offense and the accused, and whether the charges are in proper form. The hearing officer will also make a recommendation as to disposition of the matter.

Applicability. This pamphlet applies to the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. It also applies to Department of the Army Civilians who are involved in any matter that falls under the responsibility and authority of The Judge Advocate General, regardless of whether such person is a member of the Judge Advocate Legal Services. This publication is applicable during mobilization.