Ma'am, Attached is my MROW. Here is the info from the MCM that may be useful. Until the CA takes action the court-martial is still pending. GCM Findings date was 10 March 2011 (Guilty to one specification of Art. 133 UCMJ). GCM Sentence date was 11 March 2011 (No punishment, with recommendation for clemency from the members). CA Final Action is still pending. Under RCM 1106 (Recommendation of the staff judge advocate or legal officer): (a) In general. "Before the convening authority takes action under RCM 1107 on a record of trial by general court-martial... that convening authority's staff judge advocate or legal officer shall... forward to the convening authority a recommendation under this rule." RCM 1107(d)(1) "The purpose of the recommendation of the staff judge advocate or legal officer is to assist the convening authority to decide what action to take on the sentence in the exercise of command prerogative. The staff judge advocate or legal officer shall [USE THE RECORD OF TRIAL] in the preparation of the recommendation." Furthermore, under RCM 1106(d)(3) Required contents. (A) The findings and sentence adjudged by the court-martial; (B) A recommendation for clemency by the sentencing authority [the members], made in conjunction with the announced sentence; (C) A summary of the accused's service record, etc. (D) [N/A] (E) [N/A] (F) A specific recommendation as to the action to be taken by the convening authority on the sentence. The SJA shall provide a copy of the record of trial to the counsel of the accused and a copy of the recommendation. Under RCM 1105, the accused shall have 10 days to submit additional matters (i.e. clemency package) for consideration prior to convening authority taking final action under RCM 1107. Under RCM 1107 (Action by convening authority) (a) Who may take action. The convening authority shall take action on the sentence and, in the discretion of the convening authority, the findings, unless it is impracticable. If it is impracticable for the convening authority to act, the convening authority shall, in accordance with such regulations as the Secretary concerned may prescribe, forward the case to an officer exercising general court-martial jurisdiction who may take action under this rule. RCM 1107(b)(3)(A) Required matters. Before taking action, the convening authority shall consider: (i) The result of trial; (ii) The recommendation of the staff judge advocate or legal officer under RCM 1106, if applicable; and (iii) Any matters submitted by the accused under RCM 1105 or, if applicable, RCM 1106(f). RCM 1107(b)(3)(B) Additional matters. Before taking action the convening authority may consider: (i) The record of trial; (ii) The personnel records of the accused; and (iii) Such other matters as the convening authority deems appropriate. However, if the convening authority considers matters adverse to the accused from outside the record, with knowledge of which the accused is not chargeable, the accused shall be notified and given an opportunity to rebut. RCM 1107(c) Action on findings. Action on the findings is not required. However, the convening authority may, in the convening authority's sole discretion: (1) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification; or (2) Set aside any finding of guilty and-- (A) Dismiss the specification and, if appropriate, the charge, or (B) Direct a rehearing in accordance with subsection (e) of this rule. V/R, S/F Capt Wacker Douglas S. Wacker Captain, USMC Future Operations Officer MWHS-3, 3D MAW douglas.wacker@usmc.mil Wk: 858-577-6730 DSN: 267-6730 Cell: 858-401-9392 "Don't tell people how to do things, tell them what to do and let them surprise you with their results." ~George S. Patton
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Wacker MROW20110601.docx
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smime.p7s
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