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

EXECUTIVE ORDER 12550
AMENDMENTS TO THE MANUAL FOR
COURTS-MARTIAL, UNITED STATES, 1984
By the authority vested in me as President by the
Constitution of the United States and by Chapter 47
of Title 10 of the United States Code (Uniform Code
of Military Justice), in order to prescribe amendm
e n t s t o t h e M a n u a l f o r C o u r t s - M a r t i a l , U n i t e d
S t a t e s , 1 9 8 4 , p r e s c r i b e d b y E x e c u t i v e O r d e r N o .
12473, as amended by Executive Order No. 12484,
it is hereby ordered as follows:
Section 1. Part II of the Manual for Courts-Martial,
United States, 1984, is amended as follows:
a. R.C.M. 707(a) is amended to read as follows:
b. R.C.M. 805(b) is amended by
c. R.C.M. 903(c)(3) is amended by
d. R.C.M. 909 is amended
e. R.C.M. 916(e)(3) is amended by
f. R.C.M. 920(e)(2) is amended by
g. R.C.M. 921(d) is amended by
h. R.C.M. 922(b) is amended
i. R.C.M. 1001 is amended
j. R.C.M. 1003(b)(10)(B) is amended by
k. R.C.M. 1004 is amended
l. R.C.M. 1010 is amended
m. R.C.M. 1106(b) is amended by
n. R.C.M. 1114(c) is amended by
Section 2. Part III of the Manual for Courts-Martial,
United States, 1984, is amended as follows:
a. Mil. R. Evid. 304 is amended as follows:
b. Mil. R. Evid. 311 is amended as follows:
c. Mil. R. Evid. 609(e) is amended by
d. Mil. R. Evid. 804(a) is amended by
Section 3. Part IV of the Manual for Courts-Martial,
United States, 1984, is amended as follows:
a. Paragraph 16 is amended
b. Part IV is amended by inserting the following
new paragraph after paragraph 30:
c. Part IV is amended by adding the following new
sentence at the end of paragraph 105e:
Section 4. Part V of the Manual for Courts-Martial,
United States, 1984, is amended as follows:
Section 5. The amendments to Mil. R. Evid. 704,
which were implemented on 10 April 1985 pursuant
A25-2
APPENDIX 25
to Mil. R. Evid. 1102, are hereby rescinded; Provided,
That this rescission shall not apply in the trial
of any case in which arraignment occurred while
such amendments were in effect.
Section 6. These amendments shall take effect on 1
M a r c h 1 9 8 6 , w i t h r e s p e c t t o a l l c o u r t - m a r t i a l
processes taken on and after that date: Provided,
That nothing contained in these amendments shall be
construed to invalidate any nonjudicial punishment
p r o c e e d i n g , r e s t r a i n t , i n v e s t i g a t i o n , r e f e r r a l o f
c h a r g e s , t r i a l i n w h i c h a r r a i g n m e n t o c c u r r e d , o r
other action begun prior to that date, and any such
restraint, investigation, referral of charges, trial, or
other action may proceed in the same manner and
with the same effect as if these amendments had not
been prescribed; Provided further, That the amendments
made in Rule for Court-Martial 1004(c) shall
apply in the trial of offenses committed on or after 1
March 1986; Provided further, That nothing contained
in these amendments shall be construed to
i n v a l i d a t e a n y c a p i t a l s e n t e n c i n g p r o c e e d i n g c o n -
d u c t e d p r i o r t o 1 M a r c h 1 9 8 6 , a n d a n y s u c h
proceeding shall be completed and reviewed in the
same manner and with the same effect as if these
amendments had not been prescribed; Provided further,
That amendments to Rule for Court-Martial
707(a) shall not apply to any condition on liberty
imposed before 1 March 1986, and the effect of
such a condition on liberty shall be considered under
Rule for Court-Martial 707(a) as it existed before 1
March 1986; Provided further, That the amendments
made in paragraph 16 of Part IV shall apply in trials
of offenses committed on or after 1 March 1986;
Provided further, That the amendments made in paragraph
30a of Part IV shall apply in the trials of
offenses committed under Article 106a on or after 1
March 1986; And provided further, That the amendments
made in paragraph 30a of Part IV authorizing
capital punishment shall apply with respect to offenses
under Article 106a committed on or after 1
March 1986.
Section 7. The Secretary of Defense, on behalf of
the President, shall transmit a copy of this Order to
the Congress of the United States in accord with
Section 836 of Title 10 of the United States Code.