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Block 11: Affidavit—Line out information where
appropriate.
a. Day, Month, and Year—You may type this
entry or leave it blank until the affidavit is signed. Then
the officer who signs the affidavit can pen in the
information.
b. Typed Name of Officer—Type in this
information as the person will sign.
c. Grade—Include armed force and Staff
Corps designation (if applicable). Example: LCDR,
JAGC, USN, or MAJ, JAGC, USA.
d. Organization of Officer—Refer to the
typing instructions given for the accuser in block 11c.
e. Official Capacity to Administer Oath—Only
certain officers are authorized to administer oaths.
These officers are set forth in (1) Article 136(a), UCMJ,
that extends this authorization to all judge advocates; all
summary courts-martial; all adjutants; assistant
adjutants; acting and personal adjutants; all COs of the
Navy, Marine Corps, and Coast Guard; all staff judge
advocates (SJAs) and legal officers and acting or
assistant SJAs and legal officers; and all other persons
designated by regulations of the armed forces or by
statute; (2) Section (b) of Article 136, MCM, lists other
persons who may administer oaths in the performance
of their duties; and (3) Manual of the Judge Advocate
General (JAGMAN).
This officer must not only witness the accuser’s
signature on the charge sheet, but must actually
administer to the accuser the oath to charges that is set
forth in Rules for Courts-Martial (R. C, M.) 307, MCM,
1984.
Block 12: Informing Accused of Charges-Line
out information where appropriate.
a. Date—This entry will be the date that the
accused is formally informed of the charges.
b. Typed Name of Immediate Com-
mander—Type the name of the person who actually
informs the accused of the charges. Often, this person
is the discipline officer and the block will be marked
accordingly.
c. Grade-Refer to the example in the affidavit
sections for typing grade.
d. Organization of Immediate Commander—
Type in the name of the unit or organization that the
person informing the accused belongs to. Example:
USS Midway (CV 47) or U.S. Naval Support Activity,
Naples, Italy.
e. Signature—This entry will bear the
signature of the person who actually informs the
accused of the charges. This person personally signs
the original charge sheet and all copies. R.C.M. 308,
MCM, 1984, states that the accused’s immediate
commander will cause the accused to be informed of
the charges against him or her and the name of the
accuser. This is done by the immediate commander
personally informing the accused and signing or
certifying with his or her signature that he or she has
caused this to be done.
Block 13: Receipt for Sworn Charges.
a. Designation of Command or Officer
Exercising Summary Court-Martial Jurisdiction-Type
in the name of the activity or the name of the officer
holding that designation.
b. Typed Name of Officer—Type in the name
of the individual who will sign.
c. Grade—Refer to the example for affidavit.
d. Official
C a p a c i t y of
Officer
Signing—What position does the individual who is
signing hold within the command? Is it adjutant,
judge advocate, or personnel officer? The position
may be the commander or a subordinate authorized to
sign for him or her.
When the commander signs
personally, strike out the inapplicable words FOR
THE appearing above the signature line; for example,
ZZ!!w
COMMANDER
e. Date/Hour—The date of receipt of the
charges is extremely important. If this date occurs
during the running of the statute of limitations, the
accused can be tried by court-martial. If this date occurs
after the running of the statute of limitations, the accused
is not liable to be tried by court-martial. Leave the hours
section blank until receipt of the sworn charges has been
signed, then the officer signing will pen in the hours
entry.
Block 14: Referral of Charges.
a. Designation of Command of Convening
Authority—Type in the name of the activity. For ships,
type in uppercase and include the hull number.
b. Place—Give the geographical location of all
activities other than ships. For ships, leave blank.
c. Date—This entry will be the date that the
convening authority (CA) refers the charges for
court-martial.
d. Convened by—Type in the convening order
number and its date; for example, my Special
6-6
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