ADVICE & COUNSEL

UCMJ Article 31(b): Your Right to Remain Silent in the Military

One of the most important rights a service member has under the Uniform Code of Military Justice is the right to remain silent. That right is found in Article 31(b), and it closely mirrors the Fifth Amendment protection against self-incrimination.

Despite how fundamental this right is, many service members unknowingly waive it. Often, they do so because they believe that being honest, cooperative, or forthcoming will lead to forgiveness or leniency. In military investigations, that assumption is frequently wrong.

What Article 31(b) Really Protects

Article 31(b) exists because Congress recognized that the military environment creates unique pressure to speak. Rank structure, command authority, and the culture of obedience make it far easier for a service member to feel compelled to answer questions, even when doing so is not in their best interest.

Under Article 31(b), a service member has the right to remain silent and the right not to incriminate themselves when questioned about suspected misconduct. That protection applies regardless of rank and regardless of whether the questioning feels formal or informal.

Why Friendly Conversations Are Often the Most Dangerous

Many investigations do not start with an interrogation room or raised voices. They start calmly.

A conversation with a first sergeant, a chief, a gunnery sergeant, a senior NCO, or an investigating agent often begins with reassurance. You may be told that they are just trying to help, that this is not a big deal, or that they just want to hear your side of the story.

What service members often do not realize is that each question is carefully designed. Even when the tone is friendly, the purpose is not. The questions are structured to narrow explanations, eliminate defenses, and lock in statements that can later be used against you.

Once a statement is made, it cannot be taken back.

The Myth of “Just Tell the Truth”

A common belief in the military is that if you are honest and upfront, everything will work itself out. That belief is reinforced by command culture and by well-meaning leaders who genuinely believe in accountability.

The problem is that honesty without legal guidance often becomes self-incrimination. Statements meant to explain context can be interpreted as admissions. Attempts to be cooperative can fill gaps in the government’s case.

In many cases, the government does not yet have enough evidence to proceed. Your words can be what completes the case against you.

Why the Early Investigation Phase Is So Dangerous

During the early stages of an investigation, service members are often in the dark. They may not yet have formal notification. Defense Service Offices or detailed military defense counsel may not be assigned or available.

Meanwhile, the government is actively building its case.

This imbalance is one of the most critical moments in a military case. The service member does not know what evidence exists, what allegations are being explored, or how serious the potential consequences may become.

This is where early legal advice matters most.

How Early Counsel Can Change the Outcome

Retaining counsel early allows a service member to understand what is happening before irreversible damage is done. An attorney can advise when to remain silent, when to engage, and how to protect your rights while an investigation unfolds.

Even cases that initially appear minor can escalate quickly. What starts as a command inquiry can become a court-martial or an administrative separation board based on a single statement or piece of evidence that was freely given.

It is far better to obtain advice early and have the case go nowhere than to wait and discover that the government is moving forward with serious charges.

This Applies to All Types of UCMJ Matters

The right to remain silent matters in all types of military cases, including:

• Mishaps and line-of-duty investigations

• Command climate complaints

• Sexual harassment or assault allegations

• Administrative investigations

• Any suspected UCMJ violation

In every one of these scenarios, the safest initial move is to protect your rights and seek legal guidance before answering questions.

A Free Consultation Can Make the Difference

You do not need to navigate this alone, and you do not need to wait for the government to tell you what to do. A consultation can help you understand your rights, your risks, and your options.

Even if you ultimately choose to work with military defense counsel, early advice from an experienced military law attorney can help you get your ducks in a row while the government is still deciding how to proceed.

If you are being questioned, investigated, or feel pressure to talk, it is time to pause and get advice.

We offer free consultations for service members facing UCMJ-related issues. It is always better to ask early than to regret silence that came too late.

This article is provided for general informational purposes only and does not constitute legal advice. Legal rights and obligations depend on the specific facts of each case. You should consult a licensed attorney regarding your individual situation.