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207 Cards in this Set

  • Front
  • Back
Who is the disclosure authority for ROTs?
The SJA for the CA responsible for the criminal proceeding, unless this authority has been withheld by
AFLOA/JAJM or other higher authority. However, once a completed record is forwarded, AFLOA/JAJM is
the disclosure authority.
What governs the disclosure of ROTs to the public?
Privacy Act and Freedom of Information Act.
What information must all inquiry responses include?
A detailed response to specific inquiries; narrative of the activity, including dates, resulting in the action in
question; and any other unique or significant aspects.
What is the disposition of the record of the in camera proceeding?
It is sealed and attached to the ROT as an appellate exhibit.
Why are in camera proceedings normally held?
To determine the extent of disclosure of classified information.
Who may direct a DuBay hearing?
The CAAF, AFCCA, convening and supervisory authorities, or the detailed MJ.
When an appeal cannot be resolved without factual clarification, what kind of hearing is ordered?
A DuBay hearing
What is the disposition of a DD Form 458 for a rehearing?
The new referral is attached to the original referral.
What triggers the speedy trial clock for a rehearing?
Receipt of decision by the original CA’s SJA.
What is the procedure for a rehearing on sentence only?
The same as in an original trial, except the portion of the procedure which ordinarily occurs after challenges
and through and including findings is omitted.
When may a trial counsel appeal an order or ruling by the MJ?
Any ruling which terminates the proceedings with respect to a charge or specification; excludes evidence of
substantial proof of a fact material in the proceeding; directs the disclosure of classified information;
imposes sanctions for nondisclosure of classified information; and refuses to issue or enforce a protective
order to prevent the accused from disclosing classified information.
When may the Supreme Court not review by writ of certiorari?
Any action of the CAAF in refusing to grant a petition for review.
When are decisions of the CAAF reviewed by the Supreme Court by writ of certiorari?
In cases reviewed by CAAF in which the sentence extends to death; cases reviewed by AFCCA, which
TJAG certifies to the CAAF; all cases where the CAAF granted a petition for review for good cause; and
cases in which the CAAF granted relief
When must the CAAF review ROTs?
In all cases in which the sentence, as affirmed by the AFCCA, extends to death; cases reviewed by the
AFCCA that TJAG orders sent to the CAAF for review; and cases reviewed by the AFCCA in which, upon
petition of the accused and on good cause shown, the CAAF has granted review.
Within what maximum time period may an accused petition the CAAF?
60 days from the time he or she is personally notified of the AFCCA decision or the date a copy of the
decision, after being served on appellate defense counsel, is deposited in the United States mail for delivery
by first class certified mail, whichever is earlier.
When are cases referred to the AFCCA?
TJAG refers to the AFCCA a record in every case of trial by court-martial in which the sentence, as approved, extends to death; cases in which the sentence, as approved, extends to dismissal of a commissioned officer, cadet, or midshipman; DD or BCD, or confinement of one year or more, when the accused has not waived or withdrawn appellate review.
Under an Article 69 review, when must the accused submit matters for TJAG’s consideration and
to whom are they submitted?
Matters must be submitted directly to JAJM on or before the thirtieth (30th) day after the date the GCMCA
approved the sentence, unless the accused establishes good cause for not filing matters within that time.
What conclusions are needed in an Article 64(a) review?
Whether the court-martial had jurisdiction over the accused and each offense to which there was a finding
of guilty not yet disapproved; each specification to which there is a finding of guilty which has not been
disapproved, stated an offense; and the sentence was legal.
What cases require an Article 64(a) review?
GCM and SPCM cases where appellate review is waived or withdrawn under R.C.M. 1110; SPCM cases
where the approved sentence does not include a BCD or confinement for one year; and SCM cases.
What is the purpose of the Article 64(a) review?
To determine if the findings and sentence are correct in law and fact.
Who may authenticate a supplementary order?
The convening authority.
What does the body of a supplementary order contain?
Cites initial CMO in case and any later CMOs modifying findings, sentence, or action, and states final, supplementary, or modifying action to be accomplished by the order. Date the sentence was adjudged and the trial forum. All supplementary CMOs contain AFLOA/JAJM GCM reference number or AFLOA/JAJM SPCM reference number assigned to the case.
State the purpose of a supplementary CMO.
To announce any action taken on a case subsequent to the initial action.
How are vacation actions announced?
In supplementary CMOs for GCM and SPCM vacations and special orders for SCM vacations.
In an SPCM BCD case, who has the authority to execute a previously suspended punishment?
The officer exercising GCM jurisdiction over the probationer.
Who conducts the hearing in a suspended GCM sentence and an SPCM (BCD or one year
confinement) sentence?
The officer exercising SPCM jurisdiction over the probationer personally conducts the hearing. If no officer
has SPCM over the probationer, the GCMCA conducts the hearing.
When may a suspended sentence be vacated?
If, during the specified period of suspension, the accused commits an offense that is in violation of the
conditions of suspension.
Who is responsible for retaining the original CMOs?
SJAs
How must you prepare a CMO when the content includes classified information or other matters
unfit for publication?
Prepare two versions of the CMO; one unexpurgated order and one expurgated order.
How would you correct a CMO if you put down the wrong SSN?
Include the deleted and added matter, with the wrong numbers lined out and the correct numbers
underscored. Preface the heading of the order with CORRECTED COPY – DESTROY ALL OTHERS.
When preparing the distribution list, what must you refer to in order to ensure the proper
distribution of CMOs?
Refer to the Air Force Courts-Martial Distribution List located on JAJM’s webpage.
Who can authenticate a CMO?
The CA must personally sign the CMO or delegate his or her authority to do so. The CA may delegate this
responsibility to legal office staff; however, in no case will it be delegated below the rank of master
sergeant.
When may the CA’s action within a CMO be summarized?
The action may only be summarized to the extent it does not repeat the accused’s personal information.
What is the proper format for annotation of pleas and findings?
Pleas and findings are abbreviated and are copied into the promulgating orders after each charge and after
each specification of the charge. If no plea was entered, state “None entered.”
What specific factors must be included in a summarized specification?
Include specific factors (i.e., value, amount, and other circumstances) that affect the maximum punishment.
What rank is entered in the identity entry for the accused?
The rank held by the accused at the time of arraignment.
Specify the information that appears in the first paragraph of a CMO.
Rank; first name, middle initial, and last name of accused; SSN; branch of service; organization; where the
court was tried; and the command that convened it.
What information must be shown on the first order of a fiscal year?
The number and date of the last order of the series for the previous year.
What are initial CMOs used for?
Initial CMOs promulgate the result of the trial and any initial action taken under Article 60, UCMJ, (Action
by the convening authority).
Where is a member serving in an overseas area reassigned during excess leave?
To the FSS at the base nearest the appellate leave address.
How is a member notified of the CA’s decision to direct involuntary excess leave?
The CA sends the member a letter, through command channels, directing the excess leave and informing
the member of entitlements, status, and responsibilities while on excess leave.
What options does a member have in regard to accrued leave?
Elect to receive pay and allowances during the period of accrued leave, and then continue on unpaid excess
leave or receive payment for the accrued leave as of the day excess leave begins, and serve the entire period
on unpaid excess leave.
When may a member volunteer to be placed on excess leave?
When the case is pending the CA’s action and the sentence includes a dismissal, DD, or BCD.
When may a member be required to take involuntary excess leave?
When the member is awaiting appellate review of an unsuspended punitive discharge (dismissal, DD, or
BCD), who either had no confinement adjudged or already completed the confinement.
The CA changed a BCD to six months’ confinement in addition to three months’ confinement
already imposed by an SPCM. Was this action proper? Explain.
The action is proper, because it does not exceed the 12-month maximum sentence. In this case, the total
confinement increased to nine months.
When do mandatory forfeitures take effect?
On the date of the CA’s action or 14 days after the sentence is adjudged, whichever occurs first.
What cases must be reviewed by the AFCCA before the punishment may be ordered executed?
Any GCM case that involves a sentence of death; any court-martial case that involves dismissal of a
commissioned officer, cadet, or midshipman; dishonorable or bad conduct discharge, or confinement for
one year or more in which the accused does not waive appellate review.
When may a CA recall and modify an action?
Any time before the action is published or before the accused is officially notified.
What must the CA consider before acting?
The result of trial, the SJA recommendation (if applicable), and any matters submitted by the accused.
Who has the authority to take action in a court-martial?
The CA, or a successor in command, or an officer exercising GCM jurisdiction.
To whom does an inmate apply for the RTDP if he or she has not already applied to the CA or the
AFC&PB?
TJAG
If an application for the RTDP is denied by the CA, to whom may the inmate directly apply for
entry into the program?
The AFC&PB.
What does the RTDP provide?
Offers selected court-martialed enlisted personnel with exceptional potential the opportunity to return to
active duty and have their punitive discharge, if adjudged, remitted.
Although the CA is only required to consider written submission, what other items may he or she
consider?
Videotapes, photographs, and oral presentations.
After an SPCM, what is the time period for the accused to submit matters for the CA’s
consideration?
10 days from the date he or she is served with a copy of the authenticated ROT or, if applicable, a copy of
the SJAR, or an addendum to the recommendation containing new matter, whichever is later.
What counsel to the accused is provided a copy of the notification letter of the right to submit
matters?
The defense counsel responsible for post-trial matters.
When may an accused submit matters, including clemency recommendations, for the CA’s
consideration?
After a sentence is adjudged in any court-martial.
When may an accused waive or withdraw appellate review?
After any GCM, except one in which the approved sentence includes death, and after any SPCM in which
the approved sentence includes a BCD or one-year confinement.
When new matters are introduced, within what maximum number of days from the service of the
SJAR addendum does the defense counsel have to respond?
10
When is an addendum to the SJAR required?
When the SJA receives matters submitted by an accused or defense counsel after service of the SJAR on
defense
Up to what maximum number of days may the CA extend the time for submission of comments
to the SJAR?
20
If serving a copy of the SJAR on the accused is impractical, who should be served instead?
The accused’s defense counsel.
When should the accused get a copy of the SJAR?
Before forwarding the recommendation and ROT to the CA for action.
When is an SJAR required?
For all GCMs with a finding of guilty, and SPCMs where a BCD or confinement for one year or more was
adjudged.
Who is served the accused’s copy of the ROT if the accused is unavailable?
Accused’s defense counsel.
With what exceptions is the accused’s copy of the ROT different from the original?
Classified materials, controlled test materials, sealed materials, or sexually explicit materials.
How may errors be corrected after a ROT has been authenticated?
Certificate of Correction.
How does the MJ annotate minor pen-and-ink changes to the ROT?
On the AF Form 135.
Who authenticates the ROT for all SCMs?
Summary court officer.
After the court reporter finishes with transcribing, who proofreads the transcript and signs a
certificate of review?
Trial counsel.
What are allied papers?
Documents filed with the ROT dealing with the administration of the court-martial.
What is the maximum thickness for the first volume of a multi-volume ROT?
One inch.
What is used as the ROT in all SCMs?
DD Form 2329.
What is used to make separations in a volume of a ROT?
Un-tabbed, heavy stock divider of a different color than the ROT.
Which parts of a summarized ROT must be verbatim?
Findings on the jurisdictional basis for prosecution of the offenses, if any; findings; sentence; and any other
verbatim portions requested by reviewers.
What determines how the court reporter transcribes the proceedings of a trial?
Adjudged sentence.
Within what maximum amount of time must a priority message be sent to either AFPC/DPSOE
(enlisted members) or AFPC/DPSOO (officer members) when reductions in grade, adjudged
forfeitures, or mandatory forfeitures are adjudged in a court-martial?
The message must be sent within 24 hours of the date the CA takes action under R.C.M. 1107 or 14 days
after the sentence is adjudged, whichever is earlier
When providing a copy of the DD Form 2704 to victims and witnesses, what information must
not be included?
The accused’s SSN or any information concerning other victims or witnesses.
Who signs the AF Form 1359?
The trial counsel or summary court officer, as appropriate
What block of the AF Form 1359 are special requirements annotated for sex offenders, crimes of
domestic violence, and DNA processing?
In the sentence block.
Who prepares the AF Form 1359?
Paralegals, at the direction of the trial counsel.
Which authority may rescind a deferment?
The officer who granted it or, if the accused is no longer under that individual’s jurisdiction, by the officer
exercising GCM jurisdiction over the command to which the accused is currently assigned.
How must an application for deferment be made?
The request must be made in writing.
Who has the authority to defer sentences to confinement?
The CA or the officer exercising GCM jurisdiction over the command to which the accused is presently
assigned.
What type of credit do confinement authorities apply for any PTC served in military, civilian, or
foreign confinement facilities, which the accused has not received credit against any other
sentence?
Day-for-day.
What officer normally signs the confinement order?
The trial counsel.
If the accused is in PTC, what action needs to be taken to continue confinement after trial?
The DD Form 2707 is not required and the AF Form 1359 may be used instead.
What is one of your paralegal duties when the sentence is announced in court?
Write down the sentence exactly as it is announced in court.
What should a defense counsel not do when giving the sentencing argument?
Not concede the accused guilt if the accused pled not guilty during arraignment.
Why may a trial counsel not claim to speak for the CA?
To prevent any hint of command influence.
If the MJ deviates significantly from the standard sentencing instruction, what should the MJ do?
State on the record the reason(s) for the deviation.
What evidence may the trial counsel submit during sentencing?
The PDS; character of the accused’s prior service; prior convictions from a military court-martial or civilian
court; evidence of aggravation; and evidence of rehabilitative potential.
What is the purpose of the sentencing phase of the court-martial?
To determine the type of punishment the accused will receive after a finding of guilty.
When is it appropriate to impeach findings?
Only when extraneous prejudicial information was improperly brought to the attention of a member,
outside influence was improperly brought to bear upon a member, or unlawful command influence was
brought to bear upon a member.
How do court members vote?
By secret written ballot for each charge and specification.
What standard of proof is applied for guilty findings?
Proof beyond a reasonable doubt based on direct or circumstantial evidence.
What must the defense specify when making a motion for a finding of “not guilty”?
How the evidence is insufficient.
What sequence is ordinarily followed during the presentation of evidence?
Presentation of evidence for the prosecution; presentation of evidence for the defense; presentation of
prosecution evidence in rebuttal; presentation of defense evidence in surrebuttal; additional rebuttal
evidence at the discretion of the MJ; presentation of evidence requested by the MJ or members.
What is the purpose of a Care inquiry?
To ensure the accused understands what he or she is pleading guilty to, and that he or she is, in fact, guilty
of each element of each charge and specification.
What is the customary procedure concerning arraignment when an MJ presides over a trial?
To hold the arraignment at an Article 39(a) session out of the presence of the court members.
What is the purpose of voir dire?
Court members are examined to determine whether they can try the case fairly and impartially.
What takes place during the Article 39(a) session of a court-martial?
The MJ hears and determines motions; hears and rules on matters authorized under the UCMJ; conducts
arraignment, and the entering of pleas.
What miscellaneous duties may the bailiff have during the trial?
Summon the court members, counsel, and all required parties to the courtroom when needed; summon
witnesses when requested; deliver items to the court; deliver items of evidence to any deliberation room if
instructed by the MJ; and perform administrative errands as requested.
If the bailiff is instructed to deliver any item to the court members in closed session, what must
the bailiff do first?
Must inform the MJ and obtain approval.
What responsibility does the bailiff have regarding spectators?
See that they can enter the courtroom, be seated, and leave quietly.
What are the bailiff’s duties prior to trial?
Report to legal office prior to day of trial to receive bailiff’s guide, a briefing, and walkthrough of the office; report to trial counsel 30 minutes before commencement of each day’s procedures; ensures crtrm and jury deliberation rm have neat, clean, and orderly appearance, furniture is proper; ensures judge and court mbrs have desired supplies.
What must you remember in preparing trial folders?
Trial and defense counsels must have the same exact documentation within their respective folders.
What is probably the most important aspect of preparing the courtroom?
Setting up the court-reporting equipment.
When does the trial counsel provide the flyers to the members of the court?
During the open session of the court when members are present.
What supplies do you provide to the trial participants before the court convenes?
Proper supplies and a copy of the convening order and any amendments.
What is the first step in preparing your courtroom?
To ensure the courtroom has a neat, clean, and orderly appearance.
How is withdrawal of a PTA by the accused submitted?
In writing and given to the SJA or trial counsel.
When is the MJ notified of PTAs?
Before arraignment.
Who is authorized to enter into or reject offers to enter into PTAs with the accused
GCMCAs and SPCMCAs, unless a superior commander withholds such authority.
Who may initiate a PTA?
The trial counsel, SJA, CA, and duly authorized representatives, or defense counsel and accused
Define a PTA.
An agreement between the accused and the CA to fulfill terms or conditions agreed upon prior to trial.
Who is allowed to make pretrial motions or raise motions during trial?
Either party; the prosecution and/or the defense.
Why are motions important?
They can influence the kind of evidence either party can present at trial.
Why do we write motions?
Because we want the court to rule in our favor on a particular issue.
What type of stipulation may be attacked, contradicted, or explained?
Only stipulations of expected testimony may be attacked, contradicted, or explained in the same way as if
the witness had actually so testified or the document had been actually admitted
Why are stipulations of fact important?
They can reduce the time and expense of a court-martial because they may be used in place of live
testimony from witnesses.
What does the term stipulation mean?
An agreement between two or more parties.
Who has the authority to grant immunity to a witness?
Only a GCMCA; it may not be delegated and may be limited by a superior authority.
What are the two types of immunity?
Transactional immunity and testimonial immunity.
Why do we request immunity?
We request immunity when we need a witness to testify without fear that his or her testimony may be used
against him or her.
Who has the discretion to decide whether depositions recorded by videotape, audiotape or sound
film may be played for the court-martial or may be transcribed and read to the court-martial?
Military judge.
What is considered good cause for denial of a deposition request?
Failure to state a proper ground for taking a deposition; failure to show the probably relevance of the
witness’ testimony, or that the witness’ testimony would be unnecessary.
Why are depositions used?
To preserve the testimony of a witness who is likely to be unavailable at the investigation under Article 32
or at the time of trial.
What is a deposition?
An out-of-court testimony of a witness under oath in response to questions by the parties, which is
transcribed or recorded on videotape, audiotape, or similar material.
What documentation is used to process expert fee vouchers?
The SF 1034 or SF 1164.
Within what maximum number of days will witnesses complete their travel vouchers through
DTS?
Within five calendar days of returning from TDY.
How much is central witness funding authorized to pay civilian expert witnesses, per day and per
case?
$1000 per day with a maximum of $4000 per case.
When not funded by AFLOA/JAJM, who funds witnesses for a GCM?
The GCMCA.
Who funds forensic experts for urinalysis cases?
AFLOA/JAJM.
What is the first step in requesting witness funding from AFLOA/JAJM?
Complete a request via the WFMS at least 10 days prior to the proceed date entered in WFMS.
After you determine the status of a witness, what is the next step in funding witness travel and
fees?
Determine who will provide the funding.
When is formal service of a subpoena required?
When the witness is unwilling to testify.
Who has the power to compel a witness to appear and testify before a court-martial?
The trial counsel.
What is the primary reason(s) why the status of a witness is determined?
To determine proper notification procedures ensuring his or her presence at trial and to determine who will
be responsible for funding his or her travel.
If there is a disagreement between the trial and defense counsel as to whether the testimony of a
witness is relevant, who is the matter referred to for decision?
The detailed MJ.
When members have been detailed to a court-martial, what information should you notify them
of?
The date, time, place, and the uniform required for courts-martial.
When is a request for trial by the MJ alone approved?
During the Article 39(a) proceeding and only after the MJ has made certain inquiries of the accused and is
convinced the accused understands the meaning and effect of trial by MJ alone.
What is the purpose of a pretrial scheduling conference?
To promote a fair and expeditious trial and discuss issues that are outstanding or foreseeable and capable of
early resolution such as approval of experts, discovery, evidentiary motions, requests for sanity boards etc.
Who is responsible for holding a docketing conference with counsel? When should it be held?
The Clerk of Trial Courts or the docketing judge. The docketing conference should be held within two duty
days following the day of notice of referral.
What action must the legal office, tasked with prosecuting the case, take after referral and service
of charges on the accused?
Immediately notify the CDO of the referred charges and detailed counsel by e-mail.
Who serves as the focal point for all courts-martial docketing and detailing decisions?
CDO.
When a RILO is pending, what is required before a case can proceed to trial?
Prior authorization from AFLOA/JAJM.
What is the GCMCA required to do after he or she receives a RILO withdrawal request?
Indorse the request and forward it to the officer’s MAJCOM of assignment.
What level legal office is required to do a comprehensive legal review on all RILO requests?
The base level, or equivalent, legal office where the RILO originated.
How does the RILO process begin?
The wing commander or equivalent authority indorses the resignation to the GCMCA.
If an officer requests to resign for the good of the service (RILO) and charges have not been
referred, who may deny the resignation?
SPCMCAs, GCMCAs, and MAJCOM commanders.
Who is the final approval authority on a discharge request in lieu of trial by court-martial?
The GCMCA, except in cases where the charges were referred to a SCM and GCMCA wishes to seek
SecAF approval for a UOTHC.
What happens to a request for discharge in lieu of court-martial after the unit commander makes
his or her recommendations?
The commander sends the case file, along with the recommendation letter to the MPS.
To whom does an enlisted accused submit his or her request for discharge in-lieu of courtmartial?
Unit commander.
In most cases, what is the service characterization for an enlisted airman administratively
discharged in lieu of court-martial?
UOTHC
What chapter in AFI 36-3208 provides guidance on an enlisted member’s request for discharge
in-lieu of court-martial?
Chapter 4.
Who resolves the issue when there is a disagreement of whether or not information or evidence is
discoverable?
The Military Judge.
What does mandatory disclosure mean?
The information must be turned over automatically by both sides; no request is required.
Which TJAG standard outlines specific rules for discovery that must be followed for all courtsmartial?
TJS-3, attachments 1 and 2.
What is the purpose of a savings clause?
Transfers all cases which the court has not yet been assembled to the new order.
How many amendments may be issued to the convening order before publishing a new order?
No more than two.
How are orders convening courts-martial numbered?
They are numbered consecutively on a fiscal year basis, starting with number 1, with the number following
an A-series prefix.
If enlisted members are requested by the accused, what portion of the court members must be
enlisted?
At least one-third.
In a GCM, where the death penalty may be imposed, what is the minimum number of members
that are required to be detailed to the court?
12.
Generally, what is the maximum number of members detailed to a SPCM?
10
How are members identified in a convening order?
Rank, name, unit, MAJCOM, and base.
What date is placed on a court-martial convening order?
The same date as designated in the referral portion of the charge sheet.
In what two ways may a summary court-martial be convened?
It may be convened by a separate order that is prepared in accordance with R.C.M. 504(d)(2) or it may
consist of a notation on the charge sheet signed by the convening authority.
What is the purpose of a convening order?
The convening order designates the type of court, details the members of the court, and states the place it is
to meet.
How are additional charges numbered on the DD Form 458?
If only one charge is needed then; ADDITIONAL CHARGE. If more than one charge is needed, then:
ADDITIONAL CHARGE I, ADDITIONAL CHARGE II, etc.
What is the most significant difference between making minor and major changes to a charge
and/or specification?
Major changes or amendments to a charge and/or specification cannot be made over the objection of the
accused unless the charge and/or specification are preferred anew.
What is a minor change?
Minor changes are any except those which add a party, offense, or substantial matter not fairly included in
those previously preferred, or which are likely to mislead the accused as to the offenses charged.
How are changes made to charges and/or specifications?
The changes are made on the original charge sheet by lining through the material while ensuring the form
remains legible, and the person making the changes will initial and date by each change.
Once charges are referred to trial, what must occur? Who ensures it is accomplished?
The charges must be served on the accused. The trial counsel ensures it.
What must take place if the accused is a foreign national USAF member
The SPCMCA SJA must have the accused’s records examined to ascertain the accused’s nationality no
later than 24 hours after referral, even if a claim of foreign nationality has not been made.
If two individuals are being tried jointly, what information must be included in the referral for
trial?
“To be tried in a (joint/common) trial with (name).”
What is the next step in the referral process after the CA determines what type of court is
appropriate?
The CA will either personally sign Part V, Referral, Service of Charges, of the charge sheet or delegate the
authority to sign to a judge advocate.
What situation determines which level of legal office will prepare the referral of charges and
convening order?
The type of court-martial the case is referred to.
When may a CA refer a case to a court-martial?
If the CA finds or is advised by a judge advocate there are reasonable grounds to believe an offense triable
by a court-martial has been committed, the accused committed it, and the specification alleges an offense
What are some of your duties when Article 32 investigations are conducted?
Assisting in obtaining personnel to conduct the investigation, preparing the report, acting as a reporter, and
providing the IO with a DD Form 457.
When an accused is placed in pretrial arrest or confinement, what action is required if the time for
conducting an Article 32 investigation associated with a GCM exceeds eight days?
An explanation must be forwarded to the officer exercising GCM jurisdiction.
What does a referral package include?
It includes the charge sheet, commander’s indorsement, fwding ltrs or other inds, and, if applicable,investigating officer’s appointment letter with attachments, any other evidence SJA deems pertinent, and the accused’s Article 32 waiver, if applicable, along with any evidence the SJA relied
upon to conclude the charges and specifications are warranted.
What is the next step after pretrial advice is finalized?
referral package is prepared
What information must be included in the SJA’s advice?
Conclusions as to whether ech spec alleges an offense; conclusions whether the allegation in each spec is warranted by evidence indicated in the ROI or other available evidence; conclusions as to whether a court-martial would have jurisdiction over the accused and the offenses; and a recommendation of the action to be taken by the CA.
When is a formal written pretrial advice of the SJA required?
any case that may be referred to a GCM.
What options are available to the SPCMCA after an Article 32 investigation is conducted?
The CA may decide to dispose of it within his or her jurisdictional limits, or recommend to the officer
exercising GCM jurisdiction (GCMCA) the case be tried by a GCM.
What is the next step in the process after the IO forwards the report to the SJA of the convening
authority who directed the Article 32 investigation?
The SJA makes photocopies of the report and delivers it to the convening authority and, if delegated, will
promptly cause of copy of the report to be served on both the accused and accused’s counsel.
What form does the IO use to make his or her report at the conclusion of the investigation? What
is it used for?
The DD Form 457 with supplemental pages, if necessary, to record findings and recommendations.
Prior to the Article 32 investigation hearing, what must the IO do?
Review the charge sheet and should also review the evidence which forms the basis for the charge(s), and
any other documents attached to the IO appointment letter.
What is the primary difference between a court-martial and an Article 32 investigation?
An Article 32 investigation is concerned only with finding facts to determine disposition of the case. A
court-martial determines guilt or innocence, and imposes punishment.
As soon as you know who the IO will be, what is one of the first things you should do?
Ensure the IO has a copy of the AFLOA/JAJM Article 32 Investigating Officer’s Guide and script for
review.
What are the general qualifications of an officer who can be appointed as an Article 32 IO?
The IO should be senior ranking to the accused and must either be a designated judge advocate or a person
holding the rank of major or higher.
State the purpose of an Article 32 investigation.
Inquire into the truth of the matters set forth in the charges, check the form of the charges, and to secure
information upon which to determine what disposition should be made of the case.
If the SPCMCA believes the case should be disposed of as a GCM, what must happen?
The charges are referred to a qualified officer to investigate under the provisions of Article 32, UCMJ.
Once charges are received by the SPCMCA, what options does he or she have?
Dismiss charges; frwd charges to a subordinate commander for disposition; forward any charges to superior commander for disposition; refer charges to a summary or special courts-martial; or direct apretrial investigation under R.C.M. 405, and, if appropriate, forward the report to a superior commander for
disposition.
After the accused is notified of the charges against him or her, what important step must take
place? Why is this step so important?
The sworn charges must be received by the SCMCA. It is important because it stops the running of the
statute of limitations.
In the preferral process, what happens after the accuser signs the DD Form 458 in block 11d?
The immediate commander will personally inform the accused of the charges by reading them to the
accused and will sign in block 12 of the charge sheet.
What must an accuser do before he or she can prefer charges on an accused?
He or she must sign the charges and specifications under oath before a commissioned officer of the armed
forces authorized to administer oaths, and have personal knowledge of or must have investigated the
offense(s) alleged and that they are true in fact to the best of that person’s knowledge and belief.
Who can sign a charge sheet as an accuser?
A person subject to the UCMJ.
What information is included in the current service block on the DD Form 458?
The beginning date of current enlistment and number of years of enlistment.
Why is it important to ensure the personal data on the DD Form 458 is accurate?
Because it can affect the sentence.
What is the composition of a GCM?
An MJ and not less than five members or of the MJ alone if requested by the accused and approved. In all
capital cases, GCMs shall consist of an MJ and not less than 12 members, unless 12 members are not
reasonably available because of physical conditions or military exigencies.
What is the composition of an SPCM?
An MJ and not less than three members or an MJ alone if requested by the accused and approved by the
MJ.
On what form is the SCM ROT prepared?
DD Form 2329.
Before an SCM begins, what must the SCMO accomplish?
The SCMO shall examine the charge sheet, allied papers (convening orders, investigative reports,
correspondence relating to the case, and witness statements), and the accused’s personnel records to ensure
they are complete and free from errors or omissions which might affect admissibility.
What punishment restrictions in an SCM apply to military members E-5 or above?
They may not receive confinement, hard labor without confinement or reduction, except to the next pay
grade.
Who may be tried by an SCM?
Enlisted members subject to the UCMJ for any noncapital case offense made punishable by the UCMJ.