Page:Title 3 CFR 2002 Compilation.djvu/234

 Executive Orders EO 13262 could be changed to confinement for up to one year (but not vice versa). A pretrial agreement may also affect what punishments may be changed by the convening authority.". n. The Discussion following R.C.M. l109(f) is amended to read as follows: "An officer exercising special court-martial jurisdiction may vacate any suspended punishments other than an approved suspended bad-conduct discharge or any suspended portion of an approved sentence to confine- ment for one year, regardless of whether they are contained in the same sentence as the bad-conduct discharge or confinement for one year. See Ap- pendix 18 for a sample of a Report of Proceedings to Vacate Suspension of a Special Court-Martial Sentence including a bad-conduct discharge or confinement for one year under Article 72, UCMJ, and R.C.M. \17709 (DD Form 455).". o. The Discussion following R.C.M. lll0(a) is amended to read as follows: "Appellate review is not available for special courts-martial in which a bad-conduct discharge or confinement for one year was not adjudged or ap- proved or for summary courts-martial. Cases not subject to appellate re- view, or in which appellate review is waived or withdrawn, are reviewed by a judge advocate under R.C.M. \1772. Such cases may also be submitted to the Judge Advocate General for review. See R.C.M. \177201(b)(3). Appellate review is mandatory when the approved sentence includes death.". CHANGES TO APPENDIX 8, GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL, MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 8, is amended-- a. by amending the left margin entry to Note \17700 to read as follows: "Advice in GCMs and SPCMs in which BCD or confinement for one year is adjudged"; b. by amending Note \17700 to read as follows: "[Note \17700. In cases subject to review by a Court of Criminal Appeals, the following advice should be given. In other cases proceed to Note 101 or \17702 as appropriate.]"; c. by amending the left margin entry to Note \17702 to read as follows: "SPCM not involving a BCD or confinement for one year"; and d. by amending Note \17702 to read as follows: [Note \17702. In special courts-martial not involving BCD or confinement for one year, the following advice should be given.]". CHANGES TO THE MAXIMUM PUNISHMENT CHART OF THE MAN- UAL FOR COURTS-MARTIAL, UNITED STATES Appendix 12, the Maximum Punishment Chart, is amended-- a. by striking the item relating to Article \17703 and inserting: "\17703 Captured, abandoned property; failure to secure, etc. Of value of $500.00 or less ..... BCD 6 mos. Total Of value of more than $500.00 . DD, BCD 5 yrs. Total Any firearm or explosive ...... DD, BCD 5 yrs. Total 221

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