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The FormationAccountability Project

The Formation Accountability Project is an independent, nonpartisan legislative research and advocacy initiative. Its proposals are discussion drafts and do not represent enacted law, official Department of Defense policy, congressional sponsorship, or legal advice.

Current lawProposed amendmentResearch questionImplementation consideration
Reform brief — current law, proposed changes, and review questions

The problem

  • Proposed expansion of Article 93 to address aggravated abusive leadership and qualifying peer-on-peer maltreatment.

Existing law

  • Article 93, UCMJ (10 U.S.C. § 893) prohibits cruelty toward, or oppression or maltreatment of, any person subject to the orders of the accused.
  • Existing law focuses on persons subject to the accused's orders; its application to peer-on-peer conduct is limited.
  • Maximum punishments are set by the President in the Manual for Courts-Martial.

Proposed reform

  • Explicit aggravated abusive leadership provisions.
  • A defined category of serious peer-on-peer maltreatment.
  • Mandatory referral of qualifying allegations; independent opening assessment under defined thresholds.
  • Exclusive Office of Special Trial Counsel (OSTC) authority over designated offenses.
  • Proposed enhanced criminal penalties.

How it would work

Receive information → safety and screening → independent jurisdiction and threshold assessment → investigation or noncriminal review where warranted → authorized disposition → oversight.

Interactive accountability process

Why it matters

  • Maltreatment can erode trust, cohesion, and readiness.
  • Independent review reduces the risk that command relationships influence accountability decisions.
  • Clear statutory definitions help leaders understand the line between demanding leadership and criminal conduct.

Legal safeguards

  • The proposal must clearly distinguish criminal misconduct from lawful orders, rigorous training, legitimate discipline, and lawful leadership decisions.
  • Causation standards for conduct alleged to have resulted in death require careful drafting and expert review.
  • Mandatory minimum sentences raise constitutional proportionality and sentencing-implementation questions that require expert legal review.

Implementation considerations

  • Evaluate staffing, forensic capacity, training, fiscal costs, reporting burdens, and unintended operational effects before enactment.
  • These are research and implementation questions, not established findings or guaranteed benefits.

Article 93 — Maltreatment and Aggravated Abuse of Authority

Rank is a responsibility. Not immunity.

Proposed expansion of Article 93 to address aggravated abusive leadership and qualifying peer-on-peer maltreatment.

Legislative Discussion Draft — Not Introduced

Current law

  • Article 93, UCMJ (10 U.S.C. § 893) prohibits cruelty toward, or oppression or maltreatment of, any person subject to the orders of the accused.
  • Existing law focuses on persons subject to the accused's orders; its application to peer-on-peer conduct is limited.
  • Maximum punishments are set by the President in the Manual for Courts-Martial.

Proposed law

  • Explicit aggravated abusive leadership provisions.
  • A defined category of serious peer-on-peer maltreatment.
  • Mandatory referral of qualifying allegations; independent opening assessment under defined thresholds.
  • Exclusive Office of Special Trial Counsel (OSTC) authority over designated offenses.
  • Proposed enhanced criminal penalties.

Proposed provisions are part of a discussion draft and are not existing law.

Explanation of the proposed change

The proposal would identify specific categories of conduct — repeated severe humiliation, cruelty and oppression, unlawful intimidation, abuse of authority, retaliatory maltreatment, interference with authorized medical access, and serious peer misconduct — and treat qualifying cases as aggravated offenses subject to independent investigation and prosecution.

Conduct addressed

  • Repeated severe humiliation
  • Cruelty and oppression
  • Unlawful intimidation
  • Abuse of authority
  • Retaliatory maltreatment
  • Interference with authorized medical access
  • Serious peer misconduct

Proposed mandatory sentences

  • Ordinary Article 93: five years of confinement and a dishonorable discharge or officer dismissal.
  • Aggravated Article 93: ten years of confinement and a dishonorable discharge or officer dismissal.
  • Qualifying Article 93 conduct resulting in death: ten years of confinement and a dishonorable discharge or officer dismissal.
These are proposed statutory penalties, not existing law. Causation, constitutional proportionality, offense elements, and sentencing implementation require expert legal review.

Policy rationale

  • Maltreatment can erode trust, cohesion, and readiness.
  • Independent review reduces the risk that command relationships influence accountability decisions.
  • Clear statutory definitions help leaders understand the line between demanding leadership and criminal conduct.

Legal considerations

  • The proposal must clearly distinguish criminal misconduct from lawful orders, rigorous training, legitimate discipline, and lawful leadership decisions.
  • Causation standards for conduct alleged to have resulted in death require careful drafting and expert review.
  • Mandatory minimum sentences raise constitutional proportionality and sentencing-implementation questions that require expert legal review.

Statutory references

  • 10 U.S.C. § 893 (Art. 93)
  • 10 U.S.C. § 801 (definitions)
  • 10 U.S.C. § 824a (OSTC)

Related flowchart pathway

Abusive Leadership

Source materials

Legislative document libraryStatutory comparison center