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b.
All specifications are in proper form and allege offenses under the Code.
The allegations of all offenses are warranted by evidence adduced at the investigation.
{An allegation of offense is warranted if the evidence indicated in the report shows that there is
probable cause to believe that the offense was committed, and that the accused is the person who
committed it.}
d.
A court-martial will have jurisdiction over the accused and the offenses charged.
7.
Recommendation. I recommend trial by * court-martial on all charges and specifications,
8.
Action by Officer Exercising General Court-Martial Jurisdiction
a.
You are empowered to refer the subject charges to any type of trial by court-martial,
provided that you find:
(1) that the court-martial has jurisdiction over the accused and the offenses, and
(2) that each charge so referred alleges an offense under the Code and is warranted by
evidence indicated in the report of investigation.
b.
You may dispose of the case under Article 15, UCMJ.
c.
You may dismiss the charge(s) and specification(s) entirely.
d.
As a general rule, a charge should not be referred for trial unless such disposition is
considered clearly necessary and, if tried at all, should be tried by the lowest court with power to
adjudge an appropriate and adequate punishment.
e.
An endorsement on the charge sheet implementing the recommendation made above is
attached for signature if you desire to effect such disposition. Otherwise, appropriate action will
be prepared to effect any other disposition that you may desire.
Very respectfully,
SJA’s NAME, RANK
DIRECTION OF THE CONVENING AUTHORITY
1.
All opinions and recommendations of the staff judge advocate are approved.
2.
Trial by general court-martial is directed.
GCM CA NAME
RANK, ORGANIZATION
TITLE
Figure 7-7.—Article 34 advice of the staff judge advocate-Continued.
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