Page:Title 3 CFR 2002 Compilation.djvu/227

 EO 13262 Title 3--The President judge presided. If more than one military judge presided over the pro- ceedings, each military judge shall authenticate the record of the pro- ceedings over which that military judge presided, except as provided in subsection (a)(2)(B) of this rule. The record of trial of special courts-mar- tial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, was not adjudged shall be authenticated in accordance with regulations of the Secretary concerned." n. R.C.M. 1104(e) is amended to read as follows: "(e) Forwarding. After every court-martial, including a reheating and new and other trials, the authenticated record shall be forwarded to the convening authority for initial review and action, provided that in case of a special court-martial in which a bad-conduct discharge or confine- ment for one year was adjudged or a general court-martial, the convening authority shall refer the record to the staff judge advocate or legal officer for recommendation under R.C.M. 1106 before the convening authority takes action.". o. R.C.M. 1106(a) is amended to read as follows: "(a) In general. Before the convening authority takes action under R.C.M. 1107 on a record of trial by general court-martial or a record of trial by special court-martial that includes a sentence to a bad-conduct discharge or confinement for one year, that convening authority's staff judge advocate or legal officer shall, except as provided in subsection (c) of this rule, forward to the convening authority a recommendation under this rule.". p. R.C.M. 1107(d)(4) is amended to read as follows: "(4) Limitations on sentence based on record of trial. If the record of trial does not meet the requirements of R.C.M. 1103(b)(2)(B) or (c)(1), the convening authority may not approve a sentence in excess of that which may be adjudged by a special court-martial, or one that includes a bad- conduct discharge, confinement for more than six months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than six months.". q. R.C.M. 1107(d) is amended by adding at the end the following new paragraph: "(5) Limitations on sentence of a special court-martial where a fine has been adjudged. A convening authority may not approve in its en- tirety a sentence adjudged at a special court-martial when, if approved, the cumulative impact of the fine and forfeitures, whether adjudged or by operation of Article 58b, would exceed the jurisdictional maximum dollar amount of forfeitures that may be adjudged at that court-martial.". r. R.C.M. 1109(e) and (e)(1) are amended to read as follows: "(e) Vacation of a suspended special court-martial sentence wherein a bad-conduct discharge or confinement for one year was not adjudged. "(1) In general. Before vacating the suspension of a special court- martial punishment that does not include a bad-conduct discharge or confinement for one year, the special court-martial convening author- ity for the command in which the probationer is serving or assigned shall cause a hearing to be held on the alleged violation(s) of the con- ditions of suspension.". 214

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