2008 edition - Fort Sam Houston - U.S. Army

App. 16 APPENDIX 16
certain rights, privileges, and property. See R.C.M.
1107(f)(5)(A).
Action on rehearing; granting credit for previously
executed or served punishment.
21. In the case of , the sentence is approved
and (except for the (dismissal) (dishonorable
d i s c h a r g e ) ( b a d - c o n d u c t d i s c h a r g e ) ) , w i l l b e e x e -
cuted. The accused will be credited with any portion
o f t h e p u n i s h m e n t s e r v e d
in command) is withdrawn. The following is substituted
therefor: .
f r o m 2 0
FORMS FOR ACTIONS APPROVING AND
SUSPENDING PUNISHMENTS MENTIONED
IN ARTICLE 58a AND RETAINING ACCUSED
IN PRESENT OR INTERMEDIATE GRADE.
Under the authority of Article 58a, the Secretary
concerned may, by regulation, limit or specifically
preclude t the o reduction in grade which would 2 0 u n
the sentence adjudged at the former trial of this case. otherwise be effected under that Article upon the
Action on rehearing; restoration of rights.
approval of certain court-martial sentences by the
2 2 . I n t h e c a s e o f , t h e f i n d i n g s o f
g u i l t y a n d t h e s e n t e n c e a r e d i s a p p r o v e d a n d t h e
c h a r g e s a r e d i s m i s s e d . A l l r i g h t s , p r i v i l e g e s , a n d
property of which the accused has been deprived by
virtue of the execution of the sentence adjudged at
t h e f o r m e r t r i a l o f t h i s c a s e
on 20 will be restored.
convening authority. The Secretary concerned may
provide in regulations that if the convening or higher
authority taking action on the case suspends those
elements of the sentence that are specified in Article
58a the accused may be retained in the grade held
by the accused at the time of the sentence or in any
intermediate grade. Forms 25-27 may be used by the
convening or higher authority in effecting actions
2 3 . I n t h e c a s e o f , t h e a c c u s e d w a s authorized by the Secretary concerned in regulations
found not guilty of all the charges and specifications pursuant to the authority of Article 58a.
which were tried at the former hearing. All rights, I f t h e c o n v e n i n g a u t h o r i t y o r h i g h e r a u t h o r i t y
privileges, and property of which the accused has when taking action on a case in which the sentence
been deprived by virtue of the execution of the sen- includes a punitive discharge, confinement, or hard
tence adjudged at the former trial of this case onwill
be restored.
labor without confinement elects to approve the sentence
and to retain the enlisted member in the grade
held by that member at the time of sentence or in
WITHDRAWAL OF PREVIOUS ACTION
Form 24 is appropriate for withdrawal of an ear-
any intermediate grade, that authority may do so if
permitted by regulations of the Secretary concerned
whether or not the sentence also includes a reduction
lier action. See R.C.M. 1107(f)(2) concerning modi- to the lowest enlisted grade, by using one of the
fication of an earlier action. Form 24a is appropriate following forms of action. The first action, Form 25,
for withdrawal of previous action pursuant to in- is appropriate when the sentence does not specifis
t r u c t i o n s f r o m r e v i e w i n g a u t h o r i t y p u r s u a n t t o cally provide for reduction. The second and third
R.C.M. 1107(f)(2) or (g). When the action of a pred- actions, Forms 26 and 27, are appropriate when the
ecessor in command is withdrawn due to ambiguity, sentence specifically provides for reduction to the
see United States v. Lower, 10 M.J. 263 (C.M.A. grade of E-1. The action set forth in Form 26 is
1981).
intended for a case in which the accused is to be
24. In the case of , the action taken by
( m e ) ( m y p r e d e c e s s o r i n c o m m a n d )
on is withdrawn and
the following substituted therefor:
.
probationally retained in the grade held by that accused
at the time of sentence. The action set forth in
Form 27 is for a case in which the accused is to
serve probationally in an intermediate grade.
Automatic reduction suspended; sentence does not
specifically include reduction.
24a. In the case of , in accordance with
i n s t r u c t i o n s f r o m ( T h e J u d g e A d v o c a t e G e n e r a l )
(the Court of Criminal Appeals) pur-
25. In the case of , the sentence is approved
and will be executed, but the execution of
that part of the sentence extending to (a dishonoras
u a n t t o R u l e f o r C o u r t s - M a r t i a l [ 1 1 0 7 ( f ) ( 2 ) ] ble discharge) (a bad-conduct discharge) (confine-
[1107(g)], the action taken by (me) (my predecessor m e n t ) ( h a r d l a b o r w i t h o u t c o n f i n e m e n t )
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