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page. See figure 3-4 for a sample format to be used
for certificates of correction.
PROCEEDINGS IN REVISION
Proceedings in revision maybe directed to correct
an apparent error, omission, or improper or
inconsistent action by the court-martial that can be
rectified by reopening the proceedings without
material prejudice to the accused.
Because the action at proceedings in revision is
corrective, proceedings in revision may not be
conducted for the purpose of presenting additional
evidence.
Examples of when proceedings in revision are
appropriate include (1) correction of an ambiguous or
apparently illegal action by the court-martial,
(2) inquiry into the terms of a pretrial agreement, and
(3) inquiry to establish the accused’s awareness of
certain rights.
The normal steps to be followed in proceedings in
revision are as follows:
1. The CA returns the record to the TC with a
letter pointing out the defects and directing
proceedings in revision.
2. The court convenes.
Only members who
participated in the original findings and sentence may
sit in the proceedings in revision.
Some members
may be absent so long as a quorum is present.
However, if the court that heard the case has already
been dissolved by an order, there can be no
proceedings in revision.
If necessary, the CA may
detail a new military judge, TC, and DC who must be
sworn during the proceedings in revision (unless
previously sworn).
If, however, a military judge
alone adjudged the original findings and sentence, a
new military judge may not be detailed to proceedings
in revision.
3. The TC reads the CA’s letter in open court and
announces that it will be inserted in the record. The
ruling officer then instructs the court, as necessary.
4. The court closes to reconsider the findings or
sentence and cure the defect.
5. The court opens and announces its action. The
court may revoke its former findings or sentence and
announce a new finding or sentence; or it may adhere
to its former findings and sentence.
6. The court then adjourns.
You will prepare the record of proceedings in
revision and have it authenticated in the same manner
as the original record of trial. Use SSEs in recording
opening, closing, calling the court to order,
adjournments, and so on.
Insert the original of the proceedings in revision
in the original record of trial immediately following
the authentication page, or certificate of correction, if
used. Copies are placed in all copies of the record.
Serve a copy on the accused and attach his or her
receipt to the original record of trial. Then return the
record to the CA for action.
SUMMARY COURT-MARTIAI.
RECORDS
The record of trial by SCM consists of the
original and at least two copies that include the
following:
The pleas, findings, and sentence and, if the
accused was representcd by counsel at the
SCM, a notation to that effect
A statement that the accused was advised of the
matters set forth in R.C.M. 130-1(b)(1)
If the SCM is the CA, a notation to that effect
Appendix 15, MCM, is a sample Record of Trial
by Summary Court-Martial, DD Form 2329. This
form is filled out by the SCM and becomes a part of
the record of trial, In addition, if the accused is found
not guilty of any charge that the accused entered a
plea of not guilty, the charge sheet and a summary of
any evidence presented during trial is included.
The summary of evidence considered by the SCM
must be attached to the record only when the accused
has entered a plea of not guilty to any charge and was
then found guilty by the SCM.
Matters considered by an SCM in extenuation and
mitigation must, in all cases, be summarized and
attached to the record.
Although no reporter is required for an SCM, if it
appears that the case will be rather lengthy or that
several witnesses will be called to testify, it is
probable that a reporter, if one is available, will be
detailed to record the case
However, in the vast
majority of cases, no reporter is detailed because the
necessary clerical functions can normally be
performed by any clerical asistant. In those cases,
the SCM officer summarizes the testimony himself or
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