2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
A15-2 APPENDIX 15
The forms in this appendix are guides for preparation of the convening authority’s initial action. Guida n c e i s a l s o p r o v i d e d f o r a c t i o n s u n d e r R . C . M . 1112(f). Appendix 17 contains forms for later actions. The forms are guidance only, and are not mandatory. They do not provide for all cases. It may be necessary to combine parts of different forms to prepare an action appropriate to a specific case. Extreme care should be exercised in using these forms and in preparing actions. See R.C.M. 1107(f) concerning contents of the convening authority’s action. In addition to the matters contained in the forms below, the action should show the headquarters and place, or the ship, of the convening authority taking the action, and the date of the action. The signature of the convening authority is followed by the grade and unit of the convening authority, and “commander” or “commanding” as appropriate. W h e n t h e s e n t e n c e i n c l u d e s c o n f i n e m e n t , t h e place of confinement is designated in the action unless the Secretary concerned prescribes otherwise. If the place of confinement is designated in the action, service regulations should be consulted first. See R.C.M. 1113(d)(2)(C). In actions on a summary court-martial, when the action is written on the record of trial (see Appendix 15) the words “In the case of ” may be omitted. INITIAL ACTION ON COURT-MARTIAL SENTENCE—FINDINGS NOT AFFECTED Forms 1–10 are appropriate when the adjudged sentence does not include death, dismissal, or a dishonorable or bad-conduct discharge. Adjudged sentence approved and ordered executed without modification. See R.C.M. 1107(f)(4). 1. In the case of , the sentence is approved and will be executed. ( is designated as the place of confinement.) Adjudged sentence modified. See R.C.M. 1107(d)(1), (f)(4). —Adjudged sentence approved in part and or- APPENDIX 16 FORMS FOR ACTION dered executed. 2. In the case of , only so much of the s e n t e n c e a s p r o v i d e s f o r i s a p p r o v e d and will be executed. ( is designated as the place of confinement.) — Adjudged sentence approved; part of confinement changed to forfeiture of pay. 3. In the case of , so much of the sentence extending to months of confinement is changed to forfeiture of $ pay p e r m o n t h f o r m o n t h s . T h e s e n - tence as changed is approved and will be executed. ( is designated as the place of confinement.) Credit for illegal pretrial confinement. See R.C.M. 305(k); 1107(f)(4)(F). 4. In the case of , the sentence is approved and will be executed. The accused will be c r e d i t e d w i t h d a y s o f c o n f i n e m e n t a g a i n s t t h e s e n t e n c e t o c o n f i n e m e n t . ( is designated as the place of confinement.) Suspension of sentence. See R.C.M. 1107(f)(4)(B); 1108(d). — Adjudged sentence approved and suspended. 5. In the case of , the sentence is approved. Execution of the sentence is suspended for- (months) (years) at which time, unless the suspension is sooner vacated, the sentence will be remitted without further action. — Adjudged sentence approved; part of sentence suspended. 6. In the case of , the sentence is approved and will be executed but the execution of that part of the sentence extending to (confinement) (confinement in excess of months) (forf e i t u r e o f p a y ) ( ) i s s u s p e n d e d f o r - (months) (years), at which time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without f u r t h e r a c t i o n . ( i s d e s i g n a t e d a s t h e place of confinement.) A16-1
- Page 524 and 525: App. 8 APPENDIX 8 GCM subject to re
- Page 526 and 527: App. 8 APPENDIX 8 A8-22 MJ: The cou
- Page 528 and 529: App. 9 APPENDIX 9 ACC: . Right to o
- Page 530 and 531: App. 9 APPENDIX 9 SCM: Do you under
- Page 532 and 533: App. 9 APPENDIX 9 SCM: By your plea
- Page 534 and 535: App. 9 APPENDIX 9 Acceptance of gui
- Page 536 and 537: App. 9 APPENDIX 9 Procedure if tota
- Page 538 and 539: App. 9 APPENDIX 9 Entry on charge s
- Page 541 and 542: a. Announcement of sentence APPENDI
- Page 543 and 544: APPENDIX 12 MAXIMUM PUNISHMENT CHAR
- Page 545 and 546: App. 12, Art. 120 This chart was co
- Page 547 and 548: App. 12, Art. 134 This chart was co
- Page 549: App. 12, Art. 134 This chart was co
- Page 552 and 553: App. 13 APPENDIX 13 Receipt for rec
- Page 554 and 555: App. 13 APPENDIX 13 Prior participa
- Page 556 and 557: App. 13 APPENDIX 13 Note. If there
- Page 558 and 559: App. 13 APPENDIX 13 I don’t know
- Page 560 and 561: App. 13 APPENDIX 13 Instructions Th
- Page 563 and 564: APPENDIX 14 GUIDE FOR PREPARATION O
- Page 565 and 566: of the exhibit, as appropriate, as
- Page 567 and 568: SSEs, Reporter’s Notes and Gestur
- Page 569 and 570: Bench conferences and Article 39(a)
- Page 571: GUIDE FOR PREPARATION OF RECORD OF
- Page 576 and 577: App. 16 APPENDIX 16 Deferment of co
- Page 578 and 579: App. 16 APPENDIX 16 certain rights,
- Page 580 and 581: App. 16 APPENDIX 16 thority who may
- Page 582 and 583: App. 17 APPENDIX 17 Specification:
- Page 584 and 585: App. 17 APPENDIX 17 Remissions; sus
- Page 587 and 588: APPENDIX 18 Report of Proceedings t
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- Page 591 and 592: APPENDIX 19 Waiver/Withdrawal of Ap
- Page 593 and 594: APPENDIX 20 Waiver/Withdrawal of Ap
- Page 595 and 596: APPENDIX 21 ANALYSIS OF RULES FOR C
- Page 597 and 598: this analysis was drafted, the spec
- Page 599 and 600: previous Manuals. It is defined to
- Page 601 and 602: straint may be necessary to ensure
- Page 603 and 604: The Schooner Exchange v. McFaddon a
- Page 605 and 606: 220 (C.M.A. 1979); United States v.
- Page 607 and 608: 4 1 C . M . R . 2 9 ( 1 9 6 9 ) . S
- Page 609 and 610: inconsistent with Fed.R. Crim. P. 4
- Page 611 and 612: and to act. See Article 9(e). See a
- Page 613 and 614: e m a i n i n g p r e t r i a l c o
- Page 615 and 616: after trial. It is the responsibili
- Page 617 and 618: ( i ) P r i n c i p a l s — p a r
- Page 619 and 620: third paragraph of paragraph 34 d o
- Page 621 and 622: Rule 406 Pretrial advice ( a ) I n
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A15-2<br />
APPENDIX 15
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