Preferral of charges

(a) Who may prefer charges. Any person subject to the UCMJ may prefer charges. (b) How charges are preferred; oath. In preferring charges and specifications— (1) The person preferring the charges and specifications must sign them under oath before a commissioned officer of the armed forces authorized to administer oaths; and (2) The writing under paragraph (b)(1) must state that— (A) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and (B) the matters set forth in the charges and specifications are true to the best of the knowledge and belief of the signer. (3) Any procedure, including those by remote means, which appeals to the conscience of the person to whom the oath is administered and which binds that person to properly perform that person’s duties under this rule, is sufficient. (c) How to allege offenses. (1) In general. The format of charge and specification is used to allege violations of the UCMJ. (2) Charge. A charge states the article of the UCMJ, law of war, or local penal law of an occupied territory which the accused is alleged to have violated. (3) Specification. A specification is a plain, concise, and definite statement of the essential facts constituting the offense charged. A specification is sufficient if it alleges every element of the charged offense expressly or by necessary implication; however, specifications under Article 134 must expressly allege the terminal element. Except for aggravating factors under R.C.M. 1003(d) and R.C.M. 1004, facts that increase the maximum authorized punishment must be alleged in order to permit the possible increased punishment. No particular format is required. (4) Multiple offenses. Charges and specifications alleging all known offenses by an accused may be preferred at the same time. Each specification shall state only one offense. What is substantially one transaction should not be made the basis for an unreasonable multiplication of charges against one person. (5) Multiple offenders. A specification may name more than one person as an accused if each person so named is believed by the accuser to be a principal in the offense which is the subject of the specification. (d) Harmless error in citation. Error in or omission of the designation of the article of the UCMJ or other statute, law of war, or regulation violated shall not be ground for dismissal of a charge or reversal of a conviction if the error or omission did not prejudicially mislead the accused. Immediate commander. The