JUDGE ADVOCATE GENERAL’S CORPSUnited States Armed Forces

Uniform Code of Military Justice

Approved

Uniform Code of Military Justice

Article 91. Refusal of Nonjudicial Punishment.

(a) A member offered nonjudicial punishment may refuse that disposition except when this Code expressly provides otherwise because of the member’s military status or operational circumstances.

(b) Following refusal, the Government may—

(i) take no further action;

(ii) take lawful administrative action independent of a determination of guilt; or

(iii) consider the allegation for prosecution under this Code.

(c) Refusal of nonjudicial punishment is not evidence of guilt and does not itself constitute misconduct.