Page:Title 3 CFR 2005 Compilation.djvu/203

 EO 13387 Title 3--The President abuse cases in which the five-year statute of limitations was expired at the time the amendmetu to Article 43, UCMJ, became efl\177cfive. See generally Stogner v. California, 539 U.S. 607, 609 (2003). All child abuse offenses committed prior to that date would be subject to the previous five-year statute of limitations that would expire on the day prior to the effective date of the amendment - November 24, 2003. The referenced case permits unexpired periods to be extended by the new statute, but does not allow the statute to renew an expired period." (m) The Analysis accompanying R.C.M. 912(f)(4) is amended by inserting the following pamgraph: "2005 Amendment: This role change is intended to conform military practice to federal practice and limit appellate litigation when the challenged panel member could have been peremptorily challenged or actually did not participate in the trial due to a peremptory challenge by either party. This amendment is consistent with the President's lawful authority to promulgate a role that would result in placing before the accused the hard choice faced by defendants in federal district courts - to let the challenged juror sit on the case and challenge the ruling on appeal or to use a peremptory challenge to remove the juror and ensure an impartial jury. See United States v. Miles, 58 M.J. 192 (C.A.A.F. 2003); United States v. Wiesen, 56 M.J. 172 (C.A.A.F. 2001),1vettrion for reconsideration dented, 57 M.J. 48 (C.A.A.F. 2002); United States v. Armstrong, 54 M.J. 51 (C.A.A.F. 2000)." (n) The Analysis accompanying R.C.M. 1003(b)(2) is amended by inserting the following paragraph: "2005 Amendment: Hardship Duty Pay (HDP) superceded Foreign Duty Pay (FDP) on 3 February 1999. HDP is payable to members entitled to basic pay. The Secretary of Defense has established that HDP will be paid to members (a) for performing specific missi9ns, or (b) when assigned to designated areas." (o) The Analysis accompanying R.C.M. 1004(b) is amended by replacing the first 190

�