Yes, a service member, through their defense counsel, has the right to request a “sanity board” if their mental health is in question before a court-martial. The formal term for this is a “board of medical officers to inquire into the mental capacity or mental responsibility of the accused,” which is governed by Rule for Courts-Martial (RCM) 706. This is a critical due process right that ensures an accused person is mentally competent to stand trial and was mentally responsible at the time of the offense.
The defense attorney will file a formal motion with the military judge, requesting the 706 board. The motion must present some evidence to suggest that a mental health inquiry is necessary. This could include a history of mental health treatment, observations of the accused’s erratic behavior, or a preliminary evaluation from an independent psychologist. The threshold to get a sanity board ordered is relatively low, as judges are very cautious about proceeding to trial with an accused whose competency is in doubt.
Once ordered, the board, typically composed of at least one psychiatrist, will evaluate the accused. They will produce a detailed report with findings on two key issues: first, whether the accused is currently competent to understand the proceedings and assist in their defense; and second, whether the accused, at the time of the alleged offense, suffered from a severe mental disease or defect that rendered them not mentally responsible (the insanity defense). The findings of this board are critical and will shape the entire future course of the court-martial.