When facing military investigations or disciplinary proceedings, you are entitled to certain rights. Article 31(b) of the Uniform Code of Military Justice (UCMJ) offers service members protections that mirror civilian Miranda rights. Yet too often, service members unknowingly waive these rights, potentially compromising their defense.

In my time as a U.S. Army Drill Sergeant, I used acronyms every single day to train soldiers. When information matters, simplicity saves lives. The legal battlefield is no different. This simple acronym saves futures:

SHUT UP.

If you are suspected of an offense, SHUT UP. Here’s what SHUT UP means.

S [Say Nothing Without Legal Counsel]

Under Article 31(b), no person subject to the UCMJ may be compelled to incriminate themselves. If you’re suspected of an offense, you have the absolute right to not answer questions without consulting an attorney first.

H [Hear the Nature of the allegations/accusation First]

Article 31(b) requires that you be informed of the specific nature of the suspected offense before any questioning begins. If someone in authority—CID, NCIS, OSI, even your chain of command—starts asking questions without telling you what you’re suspected of, that’s a red flag. Demand clarity before responding.

U [Understand the Consequences]

You might think you’re “just helping” or “clearing things up,” but your words can be taken out of context and used as evidence against you. A simple misstatement or casual answer could lead to administrative separation, nonjudicial punishment, or even court-martial.

T [Talk to a Military Defense Attorney]

Every service member is entitled to speak with a military defense attorney. Whether it’s a CID interview, command questioning, or a casual “let’s talk,” always consult legal counsel first.

U [Utilize Your Right to Remain Silent]

Your silence cannot legally be used as evidence of guilt. They may pressure you to cooperate. They may act like your friend. Do not take the bait. You have the absolute right to remain silent and invoking that right is not an admission of guilt. Let your lawyer do the talking.

P [Protect Your Future]

The decisions you make in the heat of an investigation can impact you for life. Your uniform, rank, reputation, clearance, retirement—all of it can be jeopardized by what you say because you don’t fully understand your rights. Knowing when and how to invoke your 31b rights can make the difference between an honorable career and a life-altering charge.

FINAL THOUGHTS

My best legal advice for service members often starts with two powerful words: SHUT UP.

In the military, we train to react under stress. But when it comes to legal matters, reaction is not protection: knowledge is. I was a Drill Sergeant. Now, I’m a military defense attorney. I’ve seen firsthand just how costly it can be when service members don’t know they have the right to SHUT UP.

This article is for informational and educational purposes only and does not constitute legal advice or establish an attorney-client relationship. If you are under investigation or believe you may be, you should immediately consult with a qualified military defense attorney or your local Trial Defense Services (TDS).

Tully Rinckey attorneys understand that issues involving military investigations can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions about navigating a military investigation, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Michelle Alvarado Salermo, Esq. brings over 14 years of high-speed service in the U.S. Army, federal government, and private legal sector to her role as Associate Attorney in Tully Rinckey PLLC’s Buffalo office. A former U.S. Army Sergeant First Class, combat veteran, and former federal Claims Examiner for the U.S. Department of Labor, Michelle provides mission-driven legal counsel in federal litigation, military law, federal employment, corporate law, and emerging cybersecurity and technology law.