Click Here to
Order this information in Print

Click Here to
Order this information on CD-ROM

Click Here to
Download this information in PDF Format


Click here to make your Home Page

Page Title: Drafting for Specifications -Continued
Back | Up | Next

Click here for a printable version




Information Categories
.... Administration
Food and Cooking
Nuclear Fundamentals
  Educational CD-ROM's
Printed Manuals
Downloadable Books



l Place of alleged offense l Statement of facts that allege the offense In pleading these elements on the charge sheet, you should stick to certain rules such as the following: l In pleading rate, spell out the words instead of using  the  abbreviation  for  the  rating;  for  example, Storekeeper Third Class, Seaman, and Hospitalman Third Class. If the rank or grade of the accused has changed since the date of the alleged offense(s), identify the accused by his or her present rank or grade followed by his or her former rank or grade; for example. In that Seaman   John   A.   Doe,   U.S.   Navy,   then   Seaman Apprentice John A. Doe, U.S. Navy . . . . . Set forth the accused’s first name, middle initial or name, and last name in that order. Capitalize the first letters  in  each  name  only;  for  example,  Seaman  John Adam Doe or Seaman John A. Doe. Charge the accused under the name he or she admits to be his or her true name. If the accused is known by more than one name, usc the acknowledged name of the accused. List the true name  of  the  accused  first,  followed  by  any  known aliases; for example, In that Seaman John A. Doe, alias Seaman John A. Doezynckyski . . . . . Never allege the social security number (SSN) of the  accused. . Show the branch of service as U.S. Navy, U.S. Naval Reserve, or U.S. Marine Corps. l In the unit or organization portion, show only the name  of  a  ship. Do  not  allege  the  hull  number. Capitalize only the first letter of the ship’s name; for example,  USS  Independence.  In  alleging  shore  or overseas activities, give the name and the location of the activity. For overseas activities, you may use FPO or APO numbers instead of the physical location. You can use Roman or Arabic numerals if they are a part of the title of the unit. .  In  alleging  personal  jurisdiction  for  military members on active duty, the phrase  on active duty must be  added  immediately  after  the  description  of  the accused.  Also,  for  members  of  Reserve  components  on active duty, the specification must contain the phrase on active duty. Since reservists not on active duty are not subject to the UCMJ, failure to show that the member is on active duty is sufficient cause to raise the question of jurisdiction. . In alleging times and dates, use a 24-hour clock; that is, time runs 0100, 0200, 0300, up to 2400. Where the date or exact time is uncertain, use the phrase  at or about or on or about; for example, In that ***** did, at or about 1223 hours, on or about 17 July 19CY . . . . The exact hour of an offense is not normally alleged in a specification except in certain absence offenses. . In alleging the place of the offense, if the offense occurred at the accused’s unit, allege as “on board said ship” or “at said base.”   When the offense occurs at a place other than the accused’s unit, describe the location of that place in enough detail so no question arises as to its location; for example, at or near the intersection of Third and Garden Streets in the town of Pensacola, Florida. .  Before  drafting  the  specification,  you  should analyze the facts and refer to the pertinent paragraphs of the  MCM.  This  is  where  the  elements  of  proof  of various  offenses  appear  and  examples  of  the  forms  of specifications  arc  shown.    Include  all  elements  of  an offense.  Allege  any  intent  or  state  of  mind  that  is expressly made an essential element of an offense. Thus, where appropriate, allege the offense as having been   committed   knowingly,   willfully,   wrongfully, unlawfully, without authority, or dishonorably. One specification  should  not  allege  more  than  one  offense. However, if two acts or a series of acts constitute one offense, you may allege them together. For the vast majority of cases, you can usc the suggested forms and wording contained in part IV of the MCM. For those few cases where no form is shown, you must make sure you  cover  all  the  elements  of  the  offense  in  the specification, . U.S. and USS are permissible abbreviations. Do not  use  any  other  abbreviations  in  specifications. . The specification is typed using the block form in what is called margin-to-margin fashion. After typing your charge line, drop down two lines and begin typing directly under the word  Charge. EXAMPLE: Charge: Violation of the UCMJ, Article 86 Specification: In that . . . . . . . . . SUFFICIENCY OF SPECIFICATIONS.—  If a specification that the accused has been found guilty fails to allege any offense under the Code, the proceedings as to that specification are a nullity and must be declared invalid. If a specification alleges an offense under the Code, the proceedings as to that specification should not be  held  invalid  solely  because  the  specification  is defective.  However,  if  it  appears  from  the  record  that the accused was misled by the defect or that his or her 6-4

Privacy Statement - Press Release - Copyright Information. - Contact Us - Support Integrated Publishing

Integrated Publishing, Inc. - A (SDVOSB) Service Disabled Veteran Owned Small Business