Which article of the UCMJ ensures an accused has the right to choose military counsel if reasonably available?

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The correct choice is based on Article 38 of the Uniform Code of Military Justice (UCMJ), which explicitly addresses the rights of an accused service member regarding legal counsel. Article 38 grants the accused the right to be represented by counsel of their choice, as long as that counsel is reasonably available. This provision ensures that individuals facing military charges have the opportunity to defend themselves effectively with the support of legal experts, which is a fundamental aspect of ensuring justice within the military legal system.

In contrast, the other articles mentioned in the options focus on different aspects of military law. Article 15 deals with non-judicial punishment, Article 32 outlines the procedures for investigating preliminary hearings, and Article 40 pertains to the procedures for the disposition of cases. None of these articles provide the same provisions regarding the rights of an accused to choose their legal counsel, making Article 38 the correct reference in this context.

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