should be based on the new Article 60 and the convening authority is subject to all the new restrictions as to his clemency powers.
reported by the SJAR and not those that were actually found at the
the findings as they are reported to him" within the SJAR.
167) The NMCCA held that there was no per se rule requiring a new SJAR and opportunity to submit clemency matters whenever there is a new action.
174) Alternatively, the successor convening authority may take a new action after receiving a new SJAR that has been served on the defense and after the defense has been provided the opportunity to submit clemency matters.
66) If this technique is to be used, it is important to make it clear in the SJAR or addendum, and in the action, that the CA is granting Collazo relief.
Such matters include: the Article 32 investigation, the SJA's pretrial advice, the record of a former hearing, written special findings from the MJ, exhibits that were marked but never received into evidence, RCM 1105 matters or a waiver of such matters, any deferment requests and the CA's action on them, explanations of any substituted authentication or failure to serve the ROT on the accused, the SJAR, any RCM 1106 matters, any written recommendations for clemency, any statement of why it was impracticable for the CA to act, conditions on suspended sentences, any waiver or withdrawal of appellate review, and any record of a vacation proceeding.
155) In the SJAR to the convening authority, the "on divers occasions" language was omitted form the gist of the offense section.
163) In doing so, ACCA found that the respective convening authorities approved the findings of guilty only with respect to the language contained in the SJARs.
In reviewing whether the appellant was prejudiced by the defective SJAR, the CAAF looked to the waiver provision of RCM 1106(f)(6): (17) "Where, as in this case, the SJAR is served on the defense counsel and accused in accordance with R.
The next case involving a defective SJAR is United States v.
On appeal, the appellant argued that the SJAR
"failed to accurately and completely portray" his service record.