CNATRAINST 5800.4A
23 SEPTEMBER 1999
223.
Trial by General Court-Martial
a. Forwarding letters regarding recommendations that charges be tried by
general court-martial (GCM) shall be signed by the commanding officer of the
accused and contain the following:
(1) Original and three copies of the charge sheet.
(2) Original and two copies of Article 32 Investigation Report. (In
the event of a waiver of the investigation, forward the original and two
copies of the signed waiver plus three copies of sufficient evidence which
enable a probable cause determination.)
(3) Service record of accused.
(4) Recommendation that charges be tried by GCM.
b. The parent command of the accused maintains the responsibility for
ensuring the presence of the accused and bailiffs for each session of court.
Additionally, because of the potential for confinement, the parent command of
the accused shall provide brig escorts and ensure the accused meets all
requirements for confinement prior to forwarding a case to CNATRA.
c. Cases in which a state interest and a military interest exist in
investigating and/or prosecuting a naval member for crimes must be handled
appropriately to ensure the efficient administration of justice. Early
coordination with CNATRA SJA is required when subordinate commanders
anticipate forwarding such cases to CNATRA for trial by GCM. In those cases,
state authorities shall not be requested to relinquish jurisdiction, dismiss
charges, or otherwise delay their independent pursuit of justice as a separate
sovereign without prior coordination with CNATRA SJA. Any liaison with state
authorities in those cases shall include the advice that CNATRA, after review
of the case and assessment of military interests, may decline referring
charges to a GCM.
224. Review of Summary and Non-Bad Conduct Discharge (BCD) Special Courts-
Martial. Forwarding letters requesting a judge advocate review a summary
court-martial or non-BCD special court-martial pursuant to Article 64, UCMJ,
shall enclose the original record of trial which must include the convening
authority's action and promulgating order.
225. Appeals of Nonjudicial Punishment. Forwarding endorsements on appeals
of nonjudicial punishment shall be signed by the officer who imposed
punishment and include the following:
a.
Copy of report chit (NAVPERS 1626/7).
b. Copies of rights/advisory statements relating to nonjudicial
punishment and appeals.
c. Copies of evidence, reports, or other documents relied upon by the
officer imposing nonjudicial punishment that are relevant to the appeal.
d. Summary of testimony or other evidence relied upon by the officer
imposing nonjudicial punishment not otherwise covered by enclosures that are
relevant to the appeal.
Enclosure (1)
II-2
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