In the military justice system, “preferring” charges is the formal act of accusing someone of an offense. It is roughly the equivalent of filing criminal charges in a civilian court: a sworn, written allegation that names the accused and lists the specific offenses. The word matters because preferral is the beginning of the formal case, not its end. A charge that has been preferred is an allegation that still has to be proven, and it has not yet been sent to any court-martial for trial.
Preferral is an accusation, not a finding #
The single most important thing to understand about preferral is what it is not. It is not a conviction, and it is not evidence of guilt. It is the moment the government commits an accusation to paper under oath.
It is also not the same thing as deciding the case will be tried. Preferral and referral are two separate steps. Preferral is the accusation; referral is the later decision that the preferred charges will actually be tried by a particular court-martial. A case can be preferred and never referred.
How preferral actually works #
Preferral is governed by Rule for Courts-Martial 307. The charges and their supporting specifications are written onto a charge sheet, the standard form used across the services (DD Form 458).
The person preferring the charges signs them under oath before an officer authorized to administer oaths. By signing, that person swears that they either have personal knowledge of the matters charged or have investigated them, and that the matters are true to the best of their knowledge and belief.
A simplified view of the document:
- The charge names the article of the UCMJ allegedly violated.
- The specification states the particular facts: who, what, when, and where.
- The accuser’s sworn signature certifies personal knowledge or investigation.
Who can prefer charges #
Any person subject to the UCMJ may serve as the accuser and prefer charges. In practice the accuser is most often the accused service member’s commander, who initiates the formal accusation after a report or investigation.
The reform landscape added a second route. For “covered offenses,” a defined set that includes Article 120 sexual offenses, Article 118 murder, and others assigned to the Office of Special Trial Counsel, a special trial counsel may prefer the charges. For those offenses, the independent prosecutor steps into the role that a commander would otherwise fill.
Why “preferred” should not be over-read #
Two assumptions are worth setting aside. The first is that a preferred charge implies strong evidence behind it. Preferral requires the accuser’s sworn belief that the matters are true, but that is a far lower bar than proof beyond a reasonable doubt, and the strength of a case is tested at later stages, not established by preferral. The second is that preferral signals trial is imminent. It does not; the decision to refer is separate, and it can come out either way.
| Preferral | Referral |
|---|---|
| The sworn accusation | The order to try the charges |
| RCM 307 | A later, distinct step |
| By an accuser or special trial counsel | By the convening authority or OSTC |
Because the implications of a preferred charge depend on the offense, the evidence, and what happens at referral, anyone facing a court-martial should consult a qualified military defense attorney about their situation. The core point holds across every case: preferred charges are allegations sworn by an accuser, and the case has not yet been referred to trial.