Changes to charges and specifications

(a) In general. Any person forwarding, acting upon, or prosecuting charges on behalf of the United States except a preliminary hearing officer appointed under R.C.M. 405 may make major and minor changes to charges or specifications in accordance with this rule. (b) Major and minor changes defined. (1) Major changes. A major change is one that adds a party, an offense, or a substantial matter not fairly included in the preferred charge or specification, or that is likely to mislead the accused as to the offense charged. (2) Minor changes. A minor change in a charge or specification is any change other than a major change. (c) Major and minor changes before referral. Before referral, subject to paragraph (d)(2), a major or minor change may be made to any charge or specification. (d) Major changes after referral or preliminary hearing. (1) After referral, a major change may not be made over the objection of the accused unless the charge or specification is withdrawn, amended, and referred anew. (2) In the case of a general court-martial, a major change made to a charge or specification after the preliminary hearing may require reopening the preliminary hearing in accordance with R.C.M. 405. (e) Minor changes after referral. Minor changes may be made to the charges and specifications after referral and before arraignment. After arraignment, the military judge may, upon motion, permit minor changes in the charges and specifications at any time before findings are announced if no substantial right of the accused is prejudiced.