Section 400.1310  Sections of the Code to be Explained

a)         When Sections of the Code will be explained;

1)         The Sections of the Code specified in subsection (a)(3) shall be carefully explained to each enlisted member at the time of, or within 30 days after, the member's initial entrance into a duty status with the SMF.

2)         The Sections shall be explained again:

A)        after the member has completed basic or recruit training; and

B)        at the time when the member re-enlists.

3)         This subsection (a) applies with respect to Code Sections 2 (persons subject to the Code), 3 (jurisdiction to try certain personnel), 7 through 15 (apprehension, restraint, pretrial punishment, delivery of offenders to civil authorities, and NJP), 25 (composition of courts-martial), 27 (trial and defense counsel), 31 (self-incrimination prohibited), 37 (unlawfully influencing the court), 38 (duties of trial and defense counsel), 55 (cruel and unusual punishment), 77 through 134 (punitive Sections), and 137 through 139 (miscellaneous).

b)         The text of the Code and of the regulations or orders prescribed under the Code shall be made available to a member of the SMF, upon request by the member, for the member's personal examination, but the Code is effective and binding upon the SMF as of 1/1/17, and regulations or orders are effective upon their proper promulgation. (Code Section 137)