Next, the CAAF rejected the government's remaining two arguments that the SPCMCA either "implicitly referred" the lesser included, non-capital charge when he referred the capital charge or "functionally referred" the lesser-included, non-capital charge when he entered into the pretrial agreement with DCFA Henderson.
93) Therefore, if such a violation is discovered before findings are announced, the prudent chief of justice should advise the SPCMCA or the GCMCA to avail themselves to RCM 604 (94) and withdraw the charges from the SPCM.
69) For all other capital offenses--those not requiring a mandatory sentence--a general court-martial convening authority (GCMCA) may permit, or the Secretary concerned may authorize by regulation, SPCMCAs to refer such capital offenses to SPCMs.
46) Paragraph 5-27b now authorizes Army SPCMCAs to refer cases to SPCMs empowered to adjudge bad-conduct discharges (BCD).
The NMCCA declined to perform a functional analysis of whether the convening authority commanded a "separate" battalion and upheld the case because the Secretary of the Navy had designated all Marine Corps battalion commanders as SPCMCAs.
Although the UCMJ and the MCM only require Article 32, UCMJ, investigations and Article 34, UCMJ, pretrial advice before referral to general courts-martial, new language in AR 27-10 now requires Article 34-type advice from SJAs to SPCMCAs before referral to a BCD SPCM.
No authority prohibits Navy or Air Force SPCMCAs from exercising their full authority under the MCM to send cases to BCD SPCMs.
the SPCMCA also directed an Article 32b Investigation.
00, the SPCMCA delayed the Article 32 IAW RCM 707c until the Sanity
accused's charges are still before the SPCMCA for disposition and
Division-Center, Iraq--nine SPCMCAs
(peak) with approx.
Before a special court-martial can adjudge a BCD, servicing staff judge advocates must prepare a pretrial advice for SPCMCAs
under Rule for Courts-Martial (RCM) 406(b).