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simply, procedures applicable to Navy personnel
provide authority to place a member on mandatory
appellate leave; the member can also request
voluntary appellate leave.
Members placed on
mandatory appellate leave will be provided
transportation to their home of record or place from
which called to active duty. An entry will be made on
a NAVPERS 1070/613, page 13, of the service record
that will include a Privacy Act statement. The entry
must be signed by the member and approved by the
officer authorized to sign such entries.
Members may be granted voluntary appellate
leave upon written request. The request must be
approved by the OEGCMJ over the member and be in
the best interest of the service. In the case of an
SPCM, an officer then exercising SPCM jurisdiction
may authorize appellate leave.
Differing from
mandatory appellate leave, personnel requesting
appellate leave will not be provided transportation to
their home of record.
Members not electing the leave option will be
retained on temporary duty in a disciplinary status at the
transient personnel unit collocated with the confinement
site. Upon approval of the sentence by the CA, the
member’s leave status changes from voluntary to
involuntary.
The following applies to all members placed on
appellate leave:
l For members stationed outside the continental
United States (CONUS), family member travel and
household goods (HHG) shipment will be authorized or
approved to home of record when the GCM authority or
SPCM authority over the member determines such to be
in the best interest of the government. See Joint Federal
Travel Regulations (JFTR), U5370-D8 and U5240-2.
For members stationed in CONUS, with family
members, travel and HHG shipment may be authorized
at the discretion of the CA. For members stationed in
CONUS, without family members, HHG shipment is
not authorized.
. Members will return all uniforms or civilian
clothing issued by the government and will return all
other property owned by the government.
. Pay and allowances will terminate as of the date
of departure or date of expiration of accrued leave.
. Before departure the member must have a
thorough physical examination.
. The member’s private automobile decal will be
removed.
l Both member and dependent’s ID cards are
turned in. New ID cards are then issued for a period of
3 months with appellate leave status stamped across the
ID card.
l Members are not eligible for space-available
travel. Refer to OPNAVINST 4630.25 and NAVMIL-
PERSCOMINST 4650.2
DISPOSITION OF RECORDS OF TRIAL
AFTER ACTION BY THE CA
The CA’s action for every trial by court-martial is
reviewed by higher authority. Certain reviews are
mandatory.
Once these mandatory reviews are
completed the case is final.
Other reviews are
discretionary. For example, the accused and his or her
counsel must decide whether to petition the COMA for
review of the case, whether to petition for review by
JAG, or whether to petition for a new trial. The terms
mandatory and discretionary reviews imply opposite
concepts. In the former case, further review will happen
regardless of the accused’s wishes. In the latter case,
further review will happen only if the accused or some
other person takes some positive action. The concept of
waiver and withdrawal gives an accused the option,
except in a case involving death, to avoid appellate
review.
Forwarding a GCM to the Judge Advocate
General
A record of trial by a GCM and the CA’s action will
be sent directly to JAG if the approved sentence includes
death or if the accused has not waived appellate review.
The original and three copies of the order promulgating
the results of trial will be sent with the original record
of trial.
Forwarding a GCM to a Judge Advocate
You will send a record of trial by GCM and the CA’s
action directly to a judge advocate for review if the
sentence does not include death and if the accused has
waived appellate review. You must also include the
original and three copies of the order promulgating the
results of trial with the original record of trial.
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