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Waiver/Withdrawal of Appellate Rights in GCM Subject to Examination in the Office of the Judge Advocate General, DD Form 2331 -Continued - 14135_256
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Form and Content of a Judge Advocate’s Review
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. 8-29

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