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and usually leads to trouble unless the drafter is
experienced.
The CA may recall and modify any action taken by
him or her at any time before it has been published or
before the accused has been officially notified. In
addition, in any SPCM not involving a BCD or an SCM,
the CA may recall and correct an illegal, erroneous,
incomplete, or ambiguous action at any time before
completion of review by a judge advocate, as long as the
correction does not result in action less favorable to the
accused than the earlier action. The CA must personally
sign any supplementary or corrective action.
If any findings of guilty are disapproved, the action
must state that. If a rehearing is not ordered, the affected
charges and specifications will be dismissed by the CA
in the action. If a rehearing or other trial is directed, the
reasons for the disapproval of the findings will be set
forth in the action.
The action will state whether the sentence adjudged
by the court-martial is approved. If only part of the
sentence is approved, the action will state which parts
are approved. A rehearing may not be directed if any
portion of the sentence is approved. The action will
indicate, when appropriate, whether an approved
sentence is to be executed or whether the execution of
all or any part of the sentence is to be suspended. No
reasons need to be stated. If the CA orders a sentence
of confinement into execution, the CA will designate the
place of confinement in the action. If a sentence of
confinement is ordered into execution after the initial
action of the CA, the authority ordering the execution
will designate the place of confinement.
When a record of trial involves an approved
sentence to death, the CA will, unless any approved
sentence of confinement has been ordered into
execution and a place of confinement designated,
provide in the action for the temporary custody of the
accused pending final disposition of the case on
appellate review.
Whenever the service of the sentence to
confinement is deferred by the CA before or
concurrently with the initial action in the case, the action
will include the date on which the deferment became
effective. The reason for the deferment dots not have
to be stated in the action.
When the military judge directs that the accused
receive credit for illegal pretrial confinement, the CA
will so direct the credit in his or her action.
The CA will include in the action any reprimand that
the CA has ordered executed.
If the accused was awarded a punitive discharge or
confinement in excess of 90 days (awarded in days) or
3 months (awarded in months), the CA’s action must
address the issue of automatic administrative reduction.
In his or her sole discretion, the CA may remit the
automatic reduction, or he or she may retain the accused
in the paygrade held at the time of sentence or in an
intermediate paygrade and suspend the automatic
reduction to paygrade E-1 that would otherwise be
effected under Article 58a(a), Uniform Code of Military
Justice (UCMJ). Additionally, the CA may direct that
the accused serve in paygrade E-1 while in confinement
but be returned to the paygrade held at the time of
sentence or an intermediate paygrade upon release from
confinement. Failure of the CA to address automatic
reduction will result in the automatic reduction to
paygrade E-1 on the date of the CA’s action.
Figures 8-7, 8-8, 8-9, and 8-10 show examples of
the CA’s action. Figure 8-7 illustrates approval of part
of the sentence and partial order of execution of the
sentence awarded at trial. Figure 8-8 illustrates a CA’s
action on an acquittal. Figure 8-9 shows an example of
a CA’s action when the sentence adjudged by the court
is approved by the CA and all but the BCD is ordered
executed. Figure 8-10 illustrates a CA’s action wherein
the sentence awarded at trial is approved and ordered
executed. These are the most common forms of the
CA’s action. However, as stated earlier, appendix 16,
MCM, contains sample forms for action and should be
referred to when drafting the action of the CA.
After taking action, the CA will publish the results
of the trial and the CA’s action in a legal document called
a promulgating order.
Promulgating Orders
Orders that promulgate the result of trial and the
actions of the CA or higher authorities on the record are
called promulgating orders. Promulgating orders are
used as a method of recordkeeping and informing all
those officials interested in the progress of the case.
They are prepared, issued, and distributed in all GCM
and SPCM cases regardless of action by the CA or
higher authorities. Promulgating orders are not required
for SCMs. The order is issued by the CA. As required
by JAG/COMNAVLEGSVCCOMINST 5814.1, use
the promulgating order checklist to assist in the
preparation of the promulgating order and attach this
checklist to the original record of trial. The form of the
8-11
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