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Defense Counselís Acknowledgement of Receipt of Staff Judge Advocateís Recommendation
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CAís Action. Approval of Part of the Sentence and Partial Order of Execution of the Sentence Awarded at Trial - 14135_240
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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