Defense and national security

Executive Order 12960: Amendments to the Manual for Courts-Martial, United States, 1984

President: Bill Clinton

Updated military rehearing sentence limits, witness-production rules, privilege and several punitive provisions in the 1984 Manual for Courts-Martial.

Status: Superseded. Is Executive Order 12960 still in effect? No. Executive Order 12960 was superseded. See Federal Register record.

What does Executive Order 12960 do?

EO 12960 prescribed another set of 1995 amendments to the Manual for Courts-Martial. It revised the Manual’s structure, limits on sentences after rehearing, witness production, mental-condition procedures and evidentiary rules, and made changes to punitive articles and explanations. Savings clauses prevented retroactive punishment or invalidation of prior proceedings. Later Manuals and UCMJ amendments now supply the current rules.

Administration position: The order adjusted military procedure under Article 36. It could not increase punishment for earlier conduct or override the UCMJ.
SignedMay 12, 1995
AuthorityUniform Code of Military Justice
AreasRehearings, evidence and punitive provisions

Before and after

Before the order

The 1984 Manual as previously amended contained earlier rehearing and evidence rules.

After the order

Covered courts-martial applied the revised provisions from their effective dates.

Who had to do what

Agency / officeActionTiming / position
Military judges and convening authoritiesApply revised procedural rulesTo covered proceedings
Military justice practitionersUse revised evidence and punitive provisionsFrom effective dates

What happened next

EO 12960 prescribed the amendments.

The current Manual and UCMJ controlled practice.