(110) That did not keep him from recommending however, that CAAF order a new action at a minimum, or in the alternative, that it honor the GCMCA
's original stated desire and order a new trial.
will consider the Board's findings and recommendations before making any final decision.
Counsel also may want to broach the subject of a grade determination with the GCMCA
during the rebuttal phase.
(2) The authority of the GCMCA
to determine whether a case is to be processed through medical disability channels or under administrative separation provisions will not be delegated.
--If you can appeal under Article 62, then trial counsel (with the approval of SJA or GCMCA
) must give notice to the military judge of the specific ruling being appealed within 72 hours of the ruling.
All suicides and attempted suicides require a formal LD investigation appointed by the GCMCA
. (95) Soldiers may not be held responsible for acts of conduct when they are unable to comprehend or appreciate the nature of the conduct in question if those acts are the result of mental defect, disease, or derangement.
In the case of an Article 32, the GCMCA
with jurisdiction over the case may issue the warrant of attachment.
(35) A military judge's ruling on capacity will be treated as a question of fact that will only be overruled "if it is clearly erroneous." (36) If the military judge finds that the accused lacks capacity to stand trial, the judge must report this matter to the GCMCA
The decision to transfer GCMCA
or to establish an equivalent provisional authority is a choice.
Any FEB which terminates a pilot's aviation service will likely cross the desk of the installation's chief of military justice, who is often the gatekeeper of actions requiring the signature of the general court-martial convening authority (GCMCA
Part of the III Corps SJA's plan to work with the media in the aftermath of the Fort Hood shooting was--after complying with TJAG policy (69)--to attended a lunch with the press where he explained, in general terms, the military justice process, the different levels of convening authorities, and the reason why the general court-martial convening authority (GCMCA
) was not immediately taking direct action.
HM3 Allen, NAVCENT transferred jurisdiction of a Sailor to an Army GCMCA