| |
COMMAND LETTERHEAD
From:
Staff Judge Advocate
To:
(GCM Convening Authority)
Subj:
UNITED STATES
}
}
ADVICE OF STAFF JUDGE
V .
}
ADVOCATE PURSUANT TO
}
ARTICLE 34, UCMJ, AND
(RATE, NAME OF ACCUSED)
}
R.C.M. 406, MCM
Encl:
(1) Charge sheet
(2) Art. 32 Investigation with forwarding letter
1.
Purpose. The charge(s) in the above cited case have been received in this office for
consideration and advice in accordance with the provisions of Article 34, Uniform Code of
Military Justice, and R.C.M, 406, Manual for Courts-Martial, 1984.
2.
Charges and specifications: See enclosure (1).
3.
Prior Action.
a.
On *, the Article 32 investigating officer submitted his report to Commanding
Officer, * recommending trial by * court-martial on all offenses.
b.
On *, Commanding Officer, *, concurred with the recommendations made by the
investigating officer in the Article 32 investigation, recommending trial by * court-martial.
c.
The Article 32 investigation and commanding officer’s endorsement are attached as
enclosure (2).
4.
Discussion of Charge(s)
a.
Elements: *
b.
Discussion of proof: *
c.
Maximum authorized punishment: *
d.
Evidence presented at the Article 32 hearing established probable cause that the accused
committed the offense(s) brought in Charge * and its/the specification, and as to each element of
that/the charge.
5.
Additional information
a.
Service record information: *
b.
Extenuating or mitigating circumstances: *
6.
Conclusion.
a.
The Article 32 investigation complies with Article 32 of the Code and R.C.M. 405 of
the Manual for Courts-Martial.
Figure 7-7.—Article 34 advice of the staff judge advocate.
7-28
|
