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Among the most notable examples of a withholding policy is the 20 April 2012 Secretary of Defense mandate that all sexual assault cases are withheld to the first O-6, special court-martial convening authority for initial disposition.
As of June 28, only colonels or above who possess at least special court-martial convening authority can make an initial disposition in cases where the following offenses are alleged: rape, sexual assault, forcible sodomy or any attempt to commit such an offense.
WAS THE FACT THAT THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY HAD NO AUTHORITY TO REFER A NON-MANDATORY CAPITAL CHARGE TO A SPECIAL COURT-MARTIAL A NON JURISDICTIONAL PROCEDURAL DEFECT?
1991) (promise by accused's reporting official and special court-martial convening authority that there would be no court-martial if accused successfully completed civilian diversionary program amounted to de facto transactional immunity); Cooke v.
Common issues the ADRB sees include limited use evidence with a characterization below HD; no separation board when the Soldier exercised the right to request a board; administrative board procedure requiring the general court-martial convening authority take action, but the special court-martial convening authority approved the separation; and separation with less than an HD issued after the Soldier's apparent expiration of term of service (ETS).
Military justice advice to the special court-martial convening authority at Kagnew Station consisted chiefly of advice on Article 15 punishment, but there were also some summary courts-martial.
The same can be said about the multi-service provincial reconstruction teams (PRTs) that are designated as summary court-martial convening authorities (SCMCAs) and draw legal support from an Army BCT, which is also the special court-martial convening authority (SPCMCA) for the PRT.
All Soldiers who fall under the Special Court-Martial Convening Authority of XX Brigade who have been convicted by a court martial and sentenced to serve hard labor as their punishment (or part of their punishment), and who are being processed for administrative separation, will do the following: