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arrest and of the limits of the arrest. The order
of arrest may be oral or written. A person to be
confined is placed under guard and taken to the
place of confinement.
Art. 12. Confinement With Enemy Prisoners
Prohibited
No member of the armed forces may
be placed in confinement in immediate
association with enemy prisoners or other
foreign nationals not members of the
armed forces.
Art. 13. Punishment Prohibited Before Trial
Subject to . . . Article 57, no person,
while being held for trial or the result of
trial, may be subjected to punishment or
penalty other than arrest or confinement
upon the charges pending against him, nor
shall the arrest or confinement imposed
upon him be any more rigorous than the
circumstances require to ensure his
presence, but he maybe subjected to minor
punishment during that period for in-
fractions of discipline.
The minor punishment permitted under article
13 includes that authorized for violations of
discipline set forth by the place in which the
person is confined. The article does not prevent
a person from being required to do ordinary clean-
ing or policing or from taking part in routine
training and duties not involving the bearing of
arms.
Art. 14. Delivery of Offenders to Civil Author-
ities
(a) Under such regulations as the
Secretary concerned may prescribe, a
member of the armed forces accused of an
offense against civil authority may be
delivered, upon request, to the civil
authority for trial.
(b) When delivery under this article is
made to any civil authority of a person
undergoing sentence of a court-martial, the
delivery, if followed by conviction in a civil
tribunal, interrupts the execution of the
sentence of the court-martial, and the
offender after having answered to the civil
authorities for this offense shall, upon the
request of competent military authority, be
returned to military custody for the
completion of his sentence.
Art. 15. Commanding Officer’s Nonjudicial
Punishment
Article 15 explains commanding officer’s non-
judicial punishment. For some offenses, com-
manders may offer an article 15 instead of
court-martial. If accepted, the commander may
impose punishment as permitted by regulations
(usually at captain’s mast). Receiving an article
15 is not a conviction, and it does not give a
person a criminal record. This article will be
explained in greater detail later in this chapter
under “Nonjudicial Punishment.”
Art. 25. Who May Serve on Courts-Martial
Any commissioned officer, including commis-
sioned warrant officers, on active duty with the
armed forces is eligible to serve on a court-martial.
Any warrant officer on active duty with the armed
forces is eligible to serve on a general court-martial
(GCM) and special court-martial (SPCM) for the
trial of any person, other than a commissioned
officer. Any enlisted person on active duty with
the armed forces who is not a member of the same
unit as the accused is eligible to serve on general
and special courts-martial for the trial of enlisted
persons. However, enlisted personnel may serve
as a member of a court-martial only if, before the
assembling of such court, the accused has per-
sonally requested in writing that enlisted personnel
serve as members of the court.
Art. 27. Detail of Trial Counsel and Defense
Counsel
Each general and special court-martial must
have a trial counsel and a defense counsel, with
such assistants as the convening authority deems
necessary. The terms “counsel,” “trial counsel,”
and “defense counsel” should be interpreted to
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