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Page 13 entries
You will be required to make a page 13 entry, similar
to that shown in figure 8-14, in all cases resulting in a
conviction where the sentence fits into one of the
following categories:
. The sentence, as approved by the CA, was no
punishment.
. The sentence, as approved and ordered executed
by the CA, did not include confinement and did not
affect the accused’s pay (no reduction in rate, no
forfeiture of pay, no tine).
. The sentence was such that it would normally
require a page 7 entry (confinement, reduction in rate,
forfeiture of pay, or fine), but the CA has suspended all
portions of the sentence that would normally require you
to prepare a page 7 entry. As long as no part of the
sentence “ordered executed” includes confinement,
reduction in rate, forfeiture of pay, or fine, then you
would prepare a page 13 entry.
Page 7 entries
You will be required to prepare a page 7 entry in all
cases where the sentence, as approved and ordered
executed by the CA, includes confinement, reduction in
rule, forfeiture of pay, or fine.
Remember, if all the previous types of punishment
have been suspended by the CA, then you will not
prepare a page 7 entry, but instead you will prepare a
page 13 entry.
However, if any one portion of the
previously mentioned types of punishment has been
approved and not suspended then you must prepare a
page 7 entry. The key to remember is that you will be
required to prepare either a page 7 entry or a page 13
entry to reflect the result of trial, but not both.
Figure 8-15 shows an example of a completed page
7 reflecting the CA’s action that approved and ordered
executed the sentence awarded at trial. Figure 8-16 is a
sample page 7 reflecting the CA’s action that approves
and orders executed the sentence awarded at trial with
the exception of the BCD. Figure 8-17 illustrates a page
7 reflecting the CA’s action in which the CA only
partially approved the sentence and ordered it executed.
WAIVER OR WITHDRAWAL OF
APPELLATE REVIEW
After any GCM, except one in which the approved
sentence includes death, and after any SPCM in which
the approved sentence includes a BCD, the accused may
waive or withdraw appellate review. Appellate review
is not available for SPCMs in which a BCD was not
adjudged or approved and for SCMs. Cases not subject
to appellate review, or in which appellate review is
waived, are reviewed by a judge advocate only. Such
cases may also be submitted to the Judge Advocate
General (JAG) for review.
The accused has the right to consult with counsel
before submitting a waiver or withdrawal of appellate
review. The waiver or withdrawal must be a written
document. The waiver must establish that the accused
and the DC have discussed (1) the accused’s right to
appellate review; (2) the effect that the waiver or
withdrawal will have on the review; (3) that the accused
understands these matters; and (4) that the waiver or
withdrawal is submitted voluntarily.
A waiver or
withdrawal must be signed by the accused and the DC.
A waiver of appellate review is filed with the CA
and is attached to the record of trial. A withdrawal of
appellate review is filed with the OEGCMJ over the
accused who sends it to JAG.
The accused may file a waiver of appellate review
within 10 days after the accused or DC is served with a
copy of the CA’s action. Upon written application of the
accused, the CA may extend this period for good cause
for not more than 30 days. A withdrawal may be
submitted any time before appellate review is
completed. In either case, however, once appellate
review is waived or withdrawn, it is irrevocable and the
case will thereafter be reviewed locally in the same
manner as an SCM or an SPCM not involving a BCD.
Figure 8-18 is the form to be used when an accused
wishes to waive or withdraw his or her right to appellate
review in a GCM or an SPCM subject to review by a
Court of Military Review. Figure 8-19 should be used
for those members who desire to waive their rights to
appellate review in GCM cases subject to examination
in the Office of the Judge Advocate General.
APPELLATE LEAVE
Under the provisions of Article 76(a), UCMJ, the
Secretary of the Navy (SECNAV) may prescribe
regulations that require officers and enlisted members
to take leave pending completion of the appellate review
process if the sentence, as approved by the CA, includes
an unsuspended dismissal or an unsuspended
dishonorable discharge (DD) or BCD. The regulations
on appellate leave are contained in the Naval Military
Personnel Manual (MILPERSMAN). Stated very
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