Page:Title 3 CFR 2002 Compilation.djvu/228

 Executive Orders EO 13262 s. R.C.M. 1109(f) and (f)(1) are amended to read as follows: "(f) Vacation of a suspended special court-martial sentence that in- cludes a bad-conduct discharge or confinement for one year. "(1) The procedure for the vacation of a suspended approved bad- conduct discharge or of any suspended portion of an approved sen- tence to confinement for one year, shall follow that set forth in sub- section (d) of this rule.". t. R.C.M. lll0(a) is amended to read as follows: "(a) In general. After any general court-martial, except one in which the approved sentence includes death, and after any special court-martial in which the approved sentence includes a bad-conduct discharge or confinement for one year, the accused may waive or withdraw appellate review.". u. R.C.M. llll(b) is amended to read as follows: "(\177) Cases including an approved bad-conduct discharge or confine- ment for one year. If the approved sentence of a special court-martial in- cludes a bad-conduct discharge or confinement for one year, the record shall be disposed of as provided in subsection (a) of this rule. "(2) Other cases. The record of trial by a special court-martial in which the approved sentence does not include a bad-conduct discharge or confinement for one year shall be forwarded directly to a judge advo- cate for review under R.C.M. \17712. Four copies of the order promulgating the result of trial shall be forwarded with the record of trial, unless oth- erwise prescribed by regulations of the Secretary concerned.". v. R.C.M. \1772(a)(2) is amended to read as follows: "(2) Each special court-martial in which the accused has waived or withdrawn appellate review under R.C.M. lll0 or in which the ap- proved sentence does not include a bad-conduct discharge or confine- ment for one year; and". w. R.C.M \177305(d)(2) is amended to read as follows: "(2) Forwarding to the convening authority. The original and one copy of the record of trial shall be forwarded to the convening authority after compliance with subsection (d)(l) of this rule.". Sec. 4. Part III of the Manual for Courts-Martial, United States, is amended in Mil. R. Evid. 6\1775 by striking the period at the end of the rule and adding ", or (4) a person authorized by statute to be present at courts-martial, or (5) any victim of an offense from the trial of an accused for that offense because such victim may testify or present any information in relation to the sentence or that offense during the presentencing proceedings.". Sec. 5. Part IV of the Manual for Courts-Martial, United States, is amended as follows: a. All "Sample specification(s)" subparagraphs in the Punitive Articles (Part IV, M.C.M.) are amended by striking" 19 "and in- serting" 20 .". b. Paragraph 27e(l)(a) is amended to read as follows: "(a) of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.". c. Paragraph 27e(l)(b) is amended to read as follows: 215

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