DAFPD51-2 — Military Justice And Other Criminal Proceedings

DAFPD51-2 governs military justice and other criminal proceedings, including due process, discipline, legal support, and prosecution.

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  • Publication number: DAFPD51-2
  • Title: MILITARY JUSTICE AND OTHER CRIMINAL PROCEEDINGS
  • Date: 2024-01-16

View DAFPD51-2 on armypubs.army.mil


It addresses courts-martial, appellate practice, nonjudicial punishment, investigations, special victim matters, and independent legal representation. It requires the Department of the Air Force to maintain an ethical, impartial, uniform, and consistently applied military justice system.

Applies to: This publication applies to the Regular Air Force, the Air Force Reserve, the Air National Guard and the United States Space Force.

Topics covered

  • Military justice
  • Criminal proceedings
  • Courts-martial
  • Nonjudicial punishment
  • Victims’ counsel
  • Office of Special Trial Counsel
  • UCMJ jurisdiction

Questions and answers

What services must defense counsel provide?

Counsel shall be detailed to advise and represent DAF service members who are eligible for defense services. Defense services include, at a minimum, all phases of a court-martial, nonjudicial punishment, and designated administrative proceeding. (paragraph 2)

What does the Office of Special Trial Counsel provide?

OSTC will report directly to the Secretary of the Air Force with no intervening authority. (paragraph 2)

What must victims’ counsel do?

Counsel shall be detailed to advise and represent DAF victims and other victims who are eligible for victims’ counsel services. (paragraph 2)

What restriction applies to recalled DAF Reserve and National Guard service members?

DAF Reserve and National Guard service members who are recalled to active duty for courts-martial may not be sentenced to confinement or be required to serve a punishment consisting of any restriction of liberty during the recalled period of duty without prior approval by the Secretary of the Air Force. (paragraph 2)

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