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Enlisted Performance Record, NAVPERS 1070/609 - 14135_247
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Administrative Remarks, NAVPERS 1070/613 - 14135_249
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 8-20

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