Article 31 Advisory

When Article 31 Applies

Article 31 of the UCMJ requires a rights advisory before questioning a person:

• Suspected of an offense.
• Subject to the UCMJ.
• Being questioned by a person subject to the UCMJ.

If you intend to question a Marine you suspect of an offense, the advisory applies. Casual conversation about a topic that drifts toward offense indicators triggers the advisory the moment suspicion forms.

What the Advisory Covers

The standard advisory states:

• The nature of the offense suspected.
• The right to remain silent.
• That any statement made can be used as evidence.
• The right to consult with counsel.

A Marine advised who chooses to speak does so knowing the consequences. A Marine not advised who speaks creates statements likely inadmissible at NJP or court-martial.

When to Coordinate With Legal

Before any formal questioning.

• Brief the legal officer on the suspected offense and the planned questioning.
• Receive guidance on the advisory format and recommended approach.
• Confirm the chain has not already designated a different officer for the questioning.

Legal often handles the questioning directly when the case warrants. Your role pivots to support and witness.

Documenting the Advisory

When you provide the advisory.

• Date, time, location.
• Suspected offense as briefed to the Marine.
• Marine's acknowledgment of rights.
• Marine's election (speak, remain silent, request counsel).
• Witness signature if available.

Standard forms exist for this purpose. Pull from S-1 or legal.

When the Marine Requests Counsel

The questioning stops. Period.

• Document the request.
• Refer the Marine to legal.
• Do not continue the questioning until counsel has been engaged.
• Do not attempt informal follow-up.

Resuming questioning after a request for counsel undermines the case.

When the Marine Waives and Speaks

Document the waiver.

• The advisory was given.
• The Marine acknowledged understanding.
• The Marine elected to speak.
• The Marine's waiver was voluntary.

Conduct the questioning. Capture the statement. Forward per MCO P5800.16MCO P5800.16.

When the Marine Remains Silent

Document the election.

• The advisory was given.
• The Marine elected to remain silent.
• No further questioning.

A Marine's election to remain silent is not evidence of guilt. The chain processes the case without the Marine's statement.

When the Advisory Was Skipped

If suspicion existed and the advisory was skipped.

• Statements obtained without advisory likely inadmissible.
• The case may continue based on other evidence.
• Coordinate with legal immediately on the recovery path.

Document what occurred. Legal will determine the impact on the case.

Common Article 31 Failures

• Suspicion existed but the leader did not recognize the threshold.
• Advisory given verbally without documentation.
• Advisory given but questioning continued after a request for counsel.
• Pressure applied that undermines voluntariness.
• Coordination with legal skipped before the questioning.

Where to Go Next

• Pre-NJP counseling for the broader documentation pattern.
• Witness statement collection for the related documentation.
• Page 11 counseling for the administrative entry process.