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summary court-martial under R.C.M. 1302, the
endorsement should be completed with the additional
comment, “Only officer present in the command.”
The summary court-martial officer, or the trial counsel
in a special court-martial, will provide the accused with a
copy of the charge sheet. The date this is done is the last
entry on the charge sheet. This date is used to determine
the earliest date that the accused may be tried. An accused
may not be tried by a special court-martial within 3 days
after being served a copy of the charges, unless the accused
waives this right. While this right does not exist in a
summary court-martial, the accused should be granted
adequate time to prepare a defense.
If, for any reason, charges are referred to a
court-martial different from that to which they were
originally referred, the new referral is ordinarily made
by a new endorsement attached to the original charge
sheet. The previous endorsement should be lined out and
initialed by the person signing the new referral. The
original endorsement should not be obliterated.
CENSURE
Censure is a statement of adverse opinion or
criticism of an individual’s conduct or performance of
duty expressed by a superior in the member’s chain of
command. Censure may be punitive or nonpunitive.
Admonition and reprimand are two forms of censure
intended to express adverse reflection upon or criticism
of a person’s conduct. A reprimand is a more severe form
of censure than an admonition. Procedures for issuance
of punitive or nonpunitive letters are contained in
JAGINST 5800.7C.
The omission of the word private preceding
admonition or reprimand in Article 15, UCMJ, does not
Figure 11-3.-Nonpunitive letter of caution.
11-8
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