---
kind: "section"
citation: "10 U.S.C. § 948i"
title: "10"
title_heading: "Armed Forces"
number: "948i"
heading: "Who may serve on military commissions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/948i"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter II — Composition of Military Commissions"
---

# §948i. Who may serve on military commissions

- (a) **In General.—** Any [commissioned officer](/usc/10/101.md?p=b-2) of the [armed forces](/usc/10/101.md?p=a-4) on [active duty](/usc/10/101.md?p=d-1) is eligible to serve on a [military](/usc/10/801.md?p=8) commission under this chapter, including [commissioned officers](/usc/10/101.md?p=b-2) of the [reserve](/usc/10/101.md?p=c-6) [components](/usc/10/3011.md?p=13) of the [armed forces](/usc/10/101.md?p=a-4) on [active duty](/usc/10/101.md?p=d-1), [commissioned officers](/usc/10/101.md?p=b-2) of the [National Guard](/usc/10/101.md?p=c-1) on [active duty](/usc/10/101.md?p=d-1) in Federal service, or retired [commissioned officers](/usc/10/101.md?p=b-2) recalled to [active duty](/usc/10/101.md?p=d-1).
- (b) **Detail of Members.—** When convening a [military](/usc/10/801.md?p=8) commission under this chapter, the convening authority shall detail as members thereof such members of the [armed forces](/usc/10/101.md?p=a-4) eligible under [subsection (a)](#a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, [training](/usc/10/301.md?p=9), experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a [military](/usc/10/801.md?p=8) commission when such member is the [accuser](/usc/10/801.md?p=9) or a witness for the prosecution or has acted as an investigator or counsel in the same case.
- (c) **Excuse of Members.—** Before a [military](/usc/10/801.md?p=8) commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 948i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.