What it means for you.

If you are under investigation or facing charges under the Uniform Code of Military Justice (UCMJ), one of the first questions is: what type of court-martial is this?

There are three types of courts-martial:

1. General Court-Martial (GCM)
2. Special Court-Martial (SPCM)
3. Summary Court-Martial (SCM)

Each has different procedures, sentencing limits, and long-term consequences.

Understanding the distinctions is critical to evaluating risk, negotiating resolution, and preparing a defense.

1. General Court-Martial (GCM)

A General Court-Martial is the most serious level of military trial.

Composition

• Military judge alone or
• Military judge plus at least 8 panel members (12 in capital cases)

The accused may request trial by judge alone (except in capital cases).

Maximum Punishment

A General Court-Martial may adjudge:

• Confinement (including life, depending on the offense)
• Dishonorable discharge (enlisted)
• Dismissal (officers)
• Bad-conduct discharge
• Total forfeitures
• Reduction in rank
• Fines
• Death (for certain capital offenses)

Article 120 (Penetrative) Cases

Penetrative sexual assault offenses under Article 120 must be referred to a General Court-Martial.

Why?

Because upon conviction for certain penetrative Article 120 offenses, the court is required to adjudge:

• Dishonorable discharge (enlisted) or
• Dismissal (officers)

Since a Special Court-Martial cannot adjudge a dismissal and cannot adjudge a dishonorable discharge, these cases must be tried at the General Court-Martial level.

Practical Reality

A GCM is the military’s equivalent of a felony-level prosecution.

If a dismissal or dishonorable discharge is in play, the case belongs in a General Court-Martial.

2. Special Court-Martial (SPCM)

A Special Court-Martial is often described as the military’s “misdemeanor-level” court — but that description can be misleading.

It can still result in a federal conviction, confinement, and a punitive discharge (for enlisted personnel).

Composition

• Military judge alone or
• Military judge plus at least 4 panel members

The accused may request judge alone.

Maximum Punishment (Standard Special)

For enlisted members, a Special Court-Martial may adjudge:

• Up to 12 months confinement
• Bad-conduct discharge (BCD)
• Reduction to E-1
• Forfeiture of two-thirds pay per month for 12 months
• Fines (in some cases)

Officers at a Special Court-Martial

This is a critical distinction.

At a Special Court-Martial:

• Officers cannot receive a dismissal.

An officer convicted at a Special Court-Martial may face:

• Confinement (up to 12 months)
• Forfeitures
• A reprimand
• Federal conviction

But not a dismissal.

Administrative separation proceedings may follow — but that is separate from the sentence imposed at trial.

The “Mandatory Judge-Alone” Special Court-Martial

In recent years, the military created a form of Special Court-Martial in which:

• No bad-conduct discharge is authorized
• The case is tried by military judge alone
• Members (a panel) are not permitted

This structure is often referred to as a “judge-alone special” or “non-BCD special.”

It has become particularly common in the Marine Corps.

Key Features

• Judge alone — no panel option
• No punitive discharge authorized
• Maximum confinement generally 6 months
• Reduced forfeiture authority

This forum is often used when the command does not seek a punitive discharge but still wants a criminal conviction.

For service members, the strategic considerations are different:

• No risk of a punitive discharge
• Lower sentencing ceiling
• But still a federal conviction

3. Summary Court-Martial (SCM)

A Summary Court-Martial is the lowest level of court-martial.

It is designed for relatively minor misconduct.

Composition

• One commissioned officer (acts as judge and fact-finder)

There is no military judge and no panel.

Important Right

An accused may refuse a Summary Court-Martial.

If refused, the command must decide whether to proceed to a Special Court-Martial.

Maximum Punishment

For enlisted members (officers cannot be tried by SCM):

• Confinement (up to 30 days)
• Hard labor without confinement
• Restriction
• Reduction in rank
• Forfeitures (limited)

Is a Summary Court-Martial a Federal Conviction?

No.

Because there is no right to counsel at a Summary Court-Martial, it is not treated as a federal criminal conviction in the same way as a Special or General Court-Martial.

That distinction can be significant in collateral-consequence analysis.

Discharges at Court-Martial: What’s Possible?

Understanding discharge exposure is often the most important issue.

Enlisted Members

• General Court-Martial
  • Dishonorable discharge
  • Bad-conduct discharge
• Special Court-Martial (standard)
  • Bad-conduct discharge
• Mandatory Judge-Alone Special
  • No punitive discharge
• Summary Court-Martial
  • No punitive discharge

Officers

• General Court-Martial
  • Dismissal
• Special Court-Martial
  • No dismissal
• Summary Court-Martial
  • Officers cannot be tried by SCM

Administrative separation may still occur separately, but punitive discharge authority depends entirely on the type of court-martial.

Why the Type of Court-Martial Matters

The forum affects:

• Sentencing exposure
• Whether a punitive discharge is possible
• Whether members (a panel) are available
• Motion practice strategy
• Plea negotiations
• Appellate rights
• Collateral consequences

The decision to refer a case to a particular level is strategic — and so is your defense.

Frequently Asked Questions

Is a Special Court-Martial a felony?

A conviction at a Special or General Court-Martial is a federal criminal conviction.

Whether it is classified as a “felony” for civilian purposes depends on the offense and the maximum punishment authorized. This is a tricky question that varies state to state with no one universal answer.

Is a Summary Court-Martial a criminal conviction?

It is a criminal proceeding under the UCMJ, but it is not treated as a federal criminal conviction in the same way as a Special or General Court-Martial because there is no right to counsel.

Can I choose the type of court-martial?

No. The convening authority determines the level.

However, you may:

• Refuse a Summary Court-Martial
• Elect judge alone (except in mandatory judge-alone specials)

Why are some Special Courts-Martial judge-alone only?

In non-BCD Specials, the rules require trial by military judge alone.

This structure is often used when no punitive discharge is authorized and sentencing exposure is capped.

If I am an officer at a Special Court-Martial, can I be dismissed?

No. A dismissal can only be adjudged at a General Court-Martial.

Why must penetrative Article 120 cases go to a General Court-Martial?

Because conviction for certain penetrative sexual assault offenses requires a mandatory dishonorable discharge (enlisted) or dismissal (officers). A Special Court-Martial does not have authority to impose those punishments.

Speak With Experienced Court-Martial Defense Counsel

The type of court-martial determines your risk exposure, your leverage, and your long-term consequences.

Early involvement can influence forum selection, charge drafting, and pretrial negotiation strategy.

If you are under investigation or have been notified of charges, consult experienced military defense counsel immediately.