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TitleThe Post-Trial Handbook
LanguageEnglish
File Size29.5 MB
Total Pages192
Table of Contents
                            COVER PAGE
FOREWORD
TITLE PAGE
INTRODUCTION
CONTENTS
CHAPTER 1 - THE TERMINATION OF TRIAL
	1-1. Report of result of trial, DA Form 4430
	1-2. Confinement Credit
	1-3. DNA Testing
	1-4. Sex Offender Registration
	1-5. Co-Accused
	1-6. Notification requirements for capital cases
	1-7. Assignment of convicted Soldiers in confinement or on excess leave
	1-8. Leave or transfer pending appellate review
	1-9. Court-martial cases interrupted or terminated before findings
	1-10. Avoiding delay in preparing a Record of Trial in cases interrupted or terminated before findings
	Figure 1-1 DA Form 4430 Result of Trial
	Figure 1-2 Confinement Order
	Figure 1-3 DA Form 7439, Acknowledgement of Sex Offender Registration Requirements
	Figure 1-5 Sample Initial GeM Promulgating Order when an Officer is found guilty, sentence is adjudged and then a request for resignation approved
	Figure 1-6 Sample Promulgating Order - Administrative Discharge prior to findings being announced
	Figure 1-7 Sample Initial GeM Promulgating Order when both the Findings of Guilty and Sentence are disapproved and an Administrative Discharge is approved
	Figure 1-8 Sample Initial GeM Promulgating Order when both Findings of Guilty and a portion of the adjudged sentence and Administrative Discharge are approved
	Figure 1-9 Sample Notice of Government Appeal
	Figure 1-10 Sample Certificate of Service of Notice of Government Appeal
	Figure 1-11 Sample Certificate of Serving Adverse USACCA Decision on the Accused in the Government Appeal Case
	Figure 1-12 The Post-Trial Process
CHAPTER 2 - RECORD OF TRIAL DOCUMENTS REQUIRED BY R.C.M. 1103 and AR 27-10
	2-1. Requirement for Record of Trial
	2-2. The "original" record of trial defined
	2-3. Original Documents Required
	2-4. Additional documents required
	2-5. When original document is missing
	2-6. Contents required by AR 27-10, para 5-41
	2-7. A memorandum explaining abnormalities, errors or delays
	2-8. Transcript requirements for court-martial proceedings
	2-9. Appellate Rights Statement and the accused's election to appellate counselor any waiver thereof
	2-10. Materials regarding pretrial confinement
	2-11. Documenting deferment of confinement
	2-12. Authentication of record of trial
	2-13 Errors in the authenticated record of trial
	2-14. Classified information
	2-15. Documenting changes of command
	2-16. Copies of the initial promulgating order
	2-17. The index
	2-18. Post-trial sessions of court-martial
	2-19. Staff Judge Advocate's Post-Trial Recommendation (SJAR)
	2-20. Matters submitted by the defense
	2-21. Staff Judge Advocate's Post-Trial Recommendation Addendum
	2-22 Common Errors
	Figure 2-1 R.C.M. 1103 - Preparation of Record of Trial
	Figure 2-2 Form 490 Cove Page without Companion Case
	Figure 2-3 DD Form 490 Cover Page with Companion Cases
	Figure 2-4 DD Form 490 Chronology Page
	Figure 2-5 DD Form 490 Authentication of Record of Trial when more than one Military Judge presided over the court-martial
	Figure 2-6 DD Form 490, Page 7 -Sample substitute authentication
CHAPTER 3 - ASSEMBLING THE RECORD OF TRIAL
	3-1. Assembling the record of trial
	3-2. Readability and assembly of the trial transcript
	3-3. Size of volumes
	3-4. Copies of the record of trial required in addition to the original and distribution
	3-5. Marking records
	3-6. Packing
	3-7. Sending record oftrial
	3-8. Common errors and irregularities found in Records of Trial
	Figure 3-1 MeM, Appendix 14, Preparation of Record of Trial
	Figure 3-2 Distribution of Records of Trial
CHAPTER 4 - SERVICE OF THE RECORD OF TRIAL AND SJAR
	4-1. Serving the accused's copy ofthe record
	4-2. Serving copies of the SJA's post-trial recommendation (SJAR)
	4-3. Additional defense comment under R.C.M. 1106
	Figure 4-1 DD Form 490 Receipt for Copy ofRecord signed by Accused
	Figure 4-2 Page 3 of DD Form 490 - Certificate in Lieu of Receipt of Service of Record of Trial upon Accused via Certified Mail
	Figure 4-3 Page 3 of DD Form 490 - Certificate in Lieu of Receipt of Record of Trial Upon Accused's Defense Counsel
CHAPTER 5 - THE CONVENING AUTHORITY'S INITIAL ACTION
	5-1. Action
	5-2. Procedure
	5-3. When Action is not taken
	5-4. Materials that the Convening Authority must consider under R.C.M. 1107(b)(3)(A)(i)(iii)
	5-5. Materials that the Convening Authority may consider prior to taking Action. R.C.M. 1107(b)(3)(B)(i)-(iii)
	5-6. Contents the convening authority's initial Action shall not contain
	5-7. Modification of initial action
	5-8. Action on Sentence
	5-9. Suspending the sentence
	5-10. Confinement credits reflected in the Action
	5-11. Approving and administering a reprimand
	5-12. Deferment of confinement
	5-13. Deferment of forfeitures, reduction in grade, or both
	5-14. Waiver of automatic forfeiture of pay and required by Article 58b, UCMJ, during confinement
	5-15. Partial forfeiture of pay
	5-16. Errors in the Action After Publication or Notification to Accused
	5-17. Record returned by the appellate authority for a new Action by the convening authority
	5-18. Action after waiver of appellate review
	5-19. Common errors
	Figure 5-1 Convening Authority's Action when no punitive discharge is adjudged
	Figure 5-2 Sample format for a Convening Authority's initial Action when only a portion ofthe adjudged sentence, including a punitive discharge, is approved
	Figure 5-3 Sample format for a corrected Convening Authority's initial Action when a punitive discharge is adjudged
	Figure 5-4 Format for revoking a previous Action and replacing it with another
	Figure 5-5 Initial Action which approves the sentence as adjudged with no changes when no punitive discharge has been adjudged
	Figure 5-6 Initial Action which approves the sentence as adjudged with no changes when there is a punitive discharge as part of the adjudged sentence
	Figure 5-7 Initial Action when only part of the adjudged sentence, including a punitive discharge, is approved. Any punishment not mentioned in this Action is automatically disapproved and is no longer available for approval or execution. Therefore it is extremely important that the Action be correct and lists all punishment which is to be approved.
	Figure 5-8 Initial Action when all punishment, including a punitive discharge, is approved as adjudged and a portion of the sentence to confinement is suspended
	Figure 5-9 Initial Action when only part of the adjudged sentence, including a punitive discharge, is approved, a portion of the sentence to confinement is suspended and the accused is credited with confinement credit
	Figure 5-10 Initial Action when only part (not the entire sentence adjudged by the court) is approved, the automatic and adjudged forfeitures are deferred, and when taking Action the convening authority waived the automatic forfeitures. The accused is also credited with confinement credit.
	Figure 5-11 Initial Action when a reprimand is a part of the adjudged and approved sentence. General Court-Martial Order Number 30 was the last in the series for 2010.
	Figure 5-12 New Action When Initial Action Set Aside on Appeal and New Action Ordered
CHAPTER 6 - THE PROMULGATING ORDER
	6-1. Initial promulgating orders
	6-2. Contents
	6-3. Contents ofthe promulgating order
	6-4. Subsequent promulgating orders. See Chapter 8, The Post Trial Handbook.
	6-5. Summarizing specifications
	6-6. Summarized specification checklist
	6-7. The "ACTION" paragraph
	6-8. Format
	6-9. Corrections to promulgating orders
	6-10. Distribution of the initial promulgating order
	Figure 6-1 Checklist for summarized initial court-martial promulgating orders
	Figure 6-2 Example of the first General Court-Martial Order for the year with the annotation indicating the last numbered order in the series for the previous calendar year
	Figure 6-3 Example of a corrected Court-Martial Order with the annotation "CORRECTED COPY" above the heading
	Figure 6-4 Example of the annotation indicating that DNA processing is required
	Figure 6-5 Example of the first Court-Martial Order for the year which also required both the "CORRECTED COPY" and DNA processing annotations. Annotations will be placed in the order shown with a blank line between each. The text corrected is underlined.
	Figure 6-6 DoD Policy on Collecting DNA Samples from Military Prisoners
	Figure 6-7 Aid to Summarizing Offenses
	Figure 6-8 Some Circumstances Affecting Maximum Punishments
	Figure 6-9 Samples of Summarized Specifications
	Figure 6-11 Sample Promulgating Order used to revoke an incorrect promulgating order when the wrong series of promulgating order has been published and distributed
	Figure 6-12 Sample Promulgating Order when a court-martial ends with the accused being acquitted of all charges and specifications
	Figure 6-13 Sample Promulgating Order when a court-martial ends as a result of the Convening Authority withdrawing all charges and specifications
	Figure 6-14 Sample Promulgating Order which shows correct method of showing when a previous Action has been withdrawn and a new Action taken upon a case
	Figure 6-15 Distribution of court-martial promulgating orders
	Figure 6-10 Samples of Pleas and Findings
CHAPTER 7 - PROCEEDINGS DURING APPELLATE REVIEW
	7-1. Remand from appellate authority
	7-2. Record returned for conduct of a sanity board
	7-3. Record of trial returned for a limited evidentiary hearing, aka "DuBay hearing"
	7-4. Rehearings in general
	7-5. Petitions for New Trial
	7-6. Administration of rehearings, new trials, and "other trials"
	7-7. Cases withdrawn from appellate review
	7-8. Extraordinary writs
	7-9. Obtaining clarification or modification of an appellate court's mandate
	7-10. Note on use of the term "mandate"
	7-11. Keeping track of the accused during appellate review
	7-12. Discharge or other separation of accused while appellate review is pending
	7-13. Informing the Clerk of Court where the accused may be contacted
	7-14. Excess leave. See Chapter 1, para 1-8, Post-Trial Handbook.
	7-15. Post-trial confinement
	7-16. Death of an accused
	7-17. Petitions for grant of review by the U.S. Court of Appeals for the Armed Forces
	7-18. Freedom of Information Act requests
	Figure 7-1 New Action When Initial Action Set Aside on Appeal and New Action Ordered
	Figure 7-2. Final Supplementary Promulgating Order when Ordered Rehearing is Impracticable
	Figure 7-3 Order Promulgating Action upon Sentencing Rehearing
	Figure 7-4 Staff Judge Advocate Recommendation when record of trial remanded for new review and Action
	Figure 7-5 Action on a case remanded for a New Review and Action
	Figure 7-6 Promulgating Order Action on a case remanded for a New Review and Action
CHAPTER 8 - AFTER APPELLATE REVIEW: APPELLATE DECISIONS, FINAL ACTION, SUPPLEMENTARY PROMULGATING ORDERS
	8-1. Serving the ACCA decision on the accused
	8-2. Request for final Action (DA Form 4919-R)
	8-3. Supplementary court-martial promulgating orders in general
	8-4. Issuing the final supplementary court-martial order
	8-5. Closing the file retained by the GCM authority exercising jurisdiction at the time of trial (or successor)
	8-6. Serving a U.S. Court of Appeals for the Armed Forces decision on an accused; Supreme Court review
	Figure 8-1 Checklist for the final order
	Figure 8-2 Order Announcing Action of Army Clemency and Parole Board Upgrading Punitive Discharge
	Figure 8-3 Final Supplementary CMO. Some findings set aside, some specifications consolidated, and the sentence affirmed as adjudged.
	Figure 8-4 Final Supplementary CMO (Sentence Modified on Appeal)
	Figure 8-5 Final Supplementary CMO where original Convening Authority suspended part of the sentence
	Figure 8-6 Final Supplementary CMO. Sentence Adjudged on Rehearing. Accused Credited with Confinement Previously Served.
	Figure 8-7 Example of a Supplementary CMO which shows how to prepare a final order on a soldier who was court-martialed twice. (One case ended in a BCD discharge being adjudged, while the other ended in a DD. Command executed the DD.)
	Figure 8-8 Sample of a supplementary CMO
	Figure 8-9 Sample of a supplementary CMO with confinement credit included
	Figure 8-10 Part of approved sentence affirmed by U.S. Army Court of Criminal Appeals and some executed portions of the sentence ordered restored
	Figure 8-11 Pursuant to Article 66, UCMJ, the findings were modified. Also a previous order was rescinded.
	Figure 8-12 Example Final Supplementary CMO (Initial promulgating order was a corrected order in this case.)
                        
Document Text Contents
Page 2

THE 2012 POST-TRIAL HANDBOOK

FOREWORD

Repeated rulings from the Service Courts and CAAF highlight the importance of timely
post-trial processing. Modern technology and automation certainly helps, but technology alone
will not ensure timeliness nor accuracy. Understanding the process and familiarity with the
applicable resources will. Written to decode the "mystery" of the post-trial process, this most
recent edition of The Post-Trial Handbook is thus vital to a successful military justice operation.

Incorporating three years of experience and lessons learned since publication of the 2009
edition, the 2012 Post-Trial Handbook is designed for use at every level, by every member of the
Corps - from a brand new 27D right out ofAIT to an experienced Chief of Military Justice or
seasoned Staff Judge Advocate. This guide should be read by every military justice professional
in the Army. It provides practitioners with a "cradle-to-grave," detailed explanation of the post­
trial process. When used in conjunction with Military Justice Online, it will guarantee timely,
error-free post-trial processing.

Challenge yourself and your entire military justice shop to know the post-trial process.
And as always, let us know how we can make this resource better. Tell us what works for your
shop and how we can implement it Army-wide. We are ONE TEAM!

~KCI·~
DANA K. CHIP~~T
Lieutenant General, US~
The Judge Advocate General

JAN O
.-

~ .3 2012

Page 96

ACTION

DEPARTMENT OF THE ARMY

Headquarters, 20th Infantry Division


Fort Blank, Missouri 63889


18 September 2010

In the case of [Rank, Full Name, SSN, U.S. Army, unit of assignment] only so much of the
sentence as provides for reduction to Private El, forfeiture of$700.00 pay per month for 4
months, confinement for 15 months and a [type of discharge (Bad-Conduct
Discharge)(Dishonorable Discharge) (dismissal from the service)] is approved and except for
that part of the sentence extending to [type of discharge (Bad-Conduct Discharge) (Dishonorable
Discharge)(dismissal from the service)], will be executed but the execution of that part of the
sentence extending to confinement in excess of 7 months is suspended for 8 months, at which
time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted
without further Action. The automatic and adjudged forfeiture of all pay and allowances were
deferred effective 16 March 2010 and the deferments are terminated on this date. The automatic
forfeiture of all pay and allowances required by Article 58b, UCMJ is waived effective this date
for a period of six months with direction that these funds be paid to the wife of the accused Mrs.
[Full Name]. The accused will be credited with six days of confinement against the sentence to
confinement.

HAROLD B. SMITH
Brigadier General, USA
Commanding

Figure 5-10 Initial Action when only part (not the entire sentence adjudged by the court) is approved, the
automatic and adjudged forfeitures are deferred, and when taking Action the convening authority waived the
automatic forfeitures. The accused is also credited with confinement credit.

5-23
CHAPTERS

THE CONVENING AUTHORITY'S INITIAL ACTION

http:of$700.00

Page 97

ACTION


DEPARTMENT OF THE ARMY

Headquarters, 20th Infantry Division


Fort Blank, Missouri 63889


18 September 20 1 a

In the case of [Rank, Full Name, SSN, U.S. Army, Unit of assignment] the sentence is approved
and except for that part of the sentence extending to the Bad-Conduct Discharge, will be
executed. You are hereby reprimanded for your wrongful use and abuse of crack cocaine and for
cashing over $1 ,000.00 of worthless checks over a four month period. Your Actions seriously
tarnished the reputation of soldiers serving in the United States Army and have degraded morale
and discipline within your unit. You also did not set the type of example a soldier with your
years of service displays for other soldiers. Your behavior has brought disgrace to yourself and
to the Anned Forces of the United States.

HAROLD B. SMITH
Brigadier General, USA
Commanding

Figure 5-11 Initial Action when a reprimand is a part of the adjudged and approved sentence.
General Court-Martial Order Number 30 was the last in the series for 2010.

5-24
CHAPTERS

THE CONVENING AUTHORITY' S INITIAL ACTION

Page 191

DEPARTMENT OF THE ARMY

Headquarters, V Corps


APO AE 09014


GENERAL COURT-MARTIAL ORDER 6 June 2009
NUMBER 23

In the General Court-Martial case of Private El Jason C. Henning, 555-55-5555, U.S. Army,
Headquarters and Headquarters Battery, 5th Battalion, i h Air Defense Artillery, APO AE 09165,
pursuant to Article 67, UCMJ, only so much of the sentence as provides for forfeiture of all pay
and allowances, confinement for 9 months, and a Bad-Conduct Discharge, adjudged on 18
October 2007, as promulgated in Corrected General Court-Martial Order 13, this headquarters,
dated 19 February 2008, has been finally affinned. The accused will be credited with 7 days
towards his sentence to confinement. That portion of the sentence extending to confinement has
been served. Article 71 (c) having been complied with, the Bad-Conduct Discharge will be
executed.

BY COMMAND OF LIEUTENANT GENERAL ROBERTS:

[SIGNATURE BLOCK]
DISTRIBUTION:
[See AR27-1O, para 11-7]
CACCA 20070952)

Figure 8-12 Example Final Supplementary CMO (Initial promulgating order was a corrected order in
this case.)

8-21
CHAPTER 8

AFTER APPELLATE REVIEW

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