text: Legal Support to the Army
  LEGAL FUNCTION: MILITARY JUSTICE
  4-25. Military justice is the administration of the commander’s disciplinary authority. The purpose of
  military justice, as a part of military law, is to promote justice, to assist in maintaining good order and
  discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and
  thereby to strengthen the national security of the United States. TJAG is responsible for the overall
  supervision and administration of military justice within the Army. Commanders oversee the administration
  of military justice in their units and communicate directly with SJAs about military justice matters. Currently,
  three independent organizational components of military justice exist within the JAG Corps: the SJAs, TDS,
  and the Trial Judiciary.
  Note.This publication does not address the Office of the Special Trial Counsel. See Section 824a,
  Title10, United States Code, signed into law 27 December 2021, creating the position of Special
  Trial Counsel, and effective on 27 December 2023 for more information on the Office of the
  Special Trial Counsel.
  4-26. The SJA is responsible for military justice advice and services to the command. The SJA advises
  commanders concerning administrative boards, the administration of justice, the disposition of alleged
  offenses, appeals of nonjudicial punishment, and action on courts-martial findings and sentences. The SJA
  supervises the administration and prosecution of courts-martial, preparation of records of trial, the
  victim-witness assistance program, and military justice training.
  Note. Use of the term “SJA” in this chapter denotes the SJA or legal advisor at the appropriate
  level of command.
  4-27. SJAs should discuss deployed military justice with commanders to determine commanders’priorities
  and commitment to resourcing. The decision whether to conduct courts-martial in a deployed environment
  should be an informed, deliberate, staffed decision.
  4-28. Military justice services are centralized to facilitate timely and efficient delivery. Normally,
  courts-martial are processed at theater army, corps, division, TSC, or other headquarters commanded by an
  officer who is a GCMCA. Litigation will be centralized at the GCMCA level. Army brigade and battalion
  commanders, andjoint task force commanders, have special and summary court-martial convening authority
  and may require support to conduct courts-martial.
  4-29. The chief, military justice, is the officer-in-charge of the military justice section within the OSJA.
  Chiefs of military justice research jurisdiction agreements to engage with non-U.S. military entities who
  exercise concurrent or exclusive jurisdiction with the military on-post or in surrounding off-post areas—state,
  federal, tribal, or foreign governments. A special victim prosecutor, in coordination with the Trial Counsel
  Assistance Program, normally leads the special-victim team. Generally, the special victim prosecutor will
  oversee the investigation and prosecution of all special-victim offenses and will train trial counsel in the
  handling and disposition of special-victim cases. An SJA may not designate an officer a special victim
  prosecutor without first coordinating with TrialCounsel Assistance Program.
  4-30. Trial counsel will be assigned to the OSJA, will report to the chief, military justice, and will litigate at
  courts-martial on behalf of the GCMCA. The OSJA may designate a trial counsel as either a special victim
  trial counsel or general crimes trial counsel. SJAs have the discretion to assign or detail any trial counsel to
  any case as circumstances require. If an officer is assigned to lead the general crimes team, that officer is
  designated the General Crimes Prosecutor. The MJA is generally responsible for advising commanders on
  issues pertaining to military justice and adverse administrative actions, including nonjudicial punishment,
  search and seizure, pretrial confinement hearings, and overseeing and conducting administrative separations
  boards. The MJA will be assigned either to a brigade or to the OJSA, depending on the number of
  commanders and units the MJA advises, and will be supervised by the BJA or the chief of justice.