How many enlisted members must serve as members of a general court martial if an enlisted member requests them?

• A. At least 1/3 of the court, unless eligible members cannot be obtained due to military contingencies
• B. At least 2/3 of the court
• C. All members of the court
• D. At least 1/2 of the court

Answer: (A)

When an enlisted member requests enlisted representation on a general court-martial, the panel must include enlisted members to ensure proper enlisted participation and fairness in the process. The requirement is that at least one-third of the court’s members be enlisted, unless there aren’t enough eligible enlisted members available due to military contingencies. This keeps the court’s composition balanced between officers and enlisted personnel while recognizing the rights and perspective of the enlisted force. For a five-member court, that typically means at least two enlisted members; for larger courts, the number scales with the 1/3 proportion. The contingency clause allows the requirement to be relaxed if the pool of eligible enlisted members cannot be obtained under current conditions, such as wartime or other operational constraints.