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

EXECUTIVE ORDER 12586
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 Nos. 12484
and 12550, 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. 201(e) is amended as follows:
b. Chapter II is amended by inserting the following
new Rule following R.C.M. 203:
c. R.C.M. 503(a)(2) is amended by
d. R.C.M. 701(b)(2) is amended by
e. R.C.M. 706(c)(1) is amended to read as follows:
f. R.C.M. 706(c)(2) is amended as follows:
g. R.C.M. 707 is amended—
h. R.C.M. 903 is amended—
i. R.C.M. 916 is amended as follows:
j. R.C.M. 918(a) is amended—
k. R.C.M. 920(e)(5)(D) is amended by
l. R.C.M. 921(c) is amended—
m. R.C.M. 924(b) is amended by
n. R.C.M. 1001(b)(2) is amended by
o. R.C.M. 1003(c) is amended—
p. R.C.M. 1010(c) is amended to read as follows:
q. R.C.M. 1105(c) is amended by—
r. R.C.M. 1106(f)(5) is amended by
s. R.C.M. 1107(b)(5) is amended to read as follows:
t. R.C.M. 1109 is amended—
u. R.C.M. 1112 is amended—
v. R.C.M. 1113(d)(1) is amended to read as follows:
w. R.C.M. 1114 is amended as follows:
x. R.C.M. 1201(b)(3)(A) is amended by
y. R.C.M. 1203(c) is amended by
z. R.C.M. 1305(b)(2) 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(h) is amended by
b. Mil. R. Evid. 613(a) is amended by
A25-4
APPENDIX 25
c. Mil. R. Evid. 902(1) is amended by
Section 3. Part IV of the Manual for Courts-Martial,
United States, 1984, is amended as follows:
a. Paragraph 4 is amended
b. Paragraph 10 is amended
c. Paragraph 32 is amended—
d. Paragraph 35 is amended—
e. Paragraph 42 is amended
f. Paragraph 46 is amended
g. Paragraph 89 is amended
Section 4. Part V of the Manual for Courts-Martial,
United States, 1984, is amended by paragraph 5
by—
Section 5. These amendments shall take effect on 12
March 1987, subject to the following:
a. The addition of Rule for Courts-Martial 204, the
amendments made to Rules for Courts-Martial 707
and 1003(c), and the amendments made to paragraph
5 of Part V, shall apply to any offense committed on
or after 12 March 1987.
b. The amendments made to Rules for Courts-Martial
701(b), 706(c)(2), 916(b), 916(k), 918(a), 920(e),
921(c), and 924(b) shall apply to any offense committed
on or after November 14, 1986, the date of
e n a c t m e n t o f t h e N a t i o n a l D e f e n s e A u t h o r i z a t i o n
Act for fiscal year 1987, Pub. L. No. 99-661.
c. The amendments made to Rules for Courts-Martial
503 and 903 shall apply only in cases in which
a r r a i g n m e n t h a s b e e n c o m p l e t e d o n o r a f t e r 1 2
March 1987.
d. The amendments made to Rules for Courts-Martial
1105 and 1106 shall apply only in cases in
which the sentence is adjudged on or after 12 March
1987.
e. Except as provided in section 5.b, nothing contained
in these amendments shall be construed to
make punishable any act done or omitted prior to 12
March 1987, which was not punishable when done
or omitted.
f. The maximum punishment for an offense committed
prior to 12 March 1987 shall not exceed the
applicable maximum in effect at the time of the
commission of such offense.
g. Nothing in these amendments shall be construed
to invalidate any nonjudicial punishment proceeding,
restraint, investigation, referral of charges, trial in
which arraignment occurred, or other action begun
prior to 12 March 1987, and any such restraint,