TERMINATION OF DEFERMENT.-

Deferment to a sentence of confinement ends when: . the CA acts on the sentence, unless the CA specifics in the action that service of the confinement after the action is deferred. In this case, deferment terminates when the conviction is find. l the sentence to confinement is suspended. l the deferment expires by its own terms. . the deferment is rescinded by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the OEGCMJ over the accused's command.

RESCISSION OF DEFERMENT.- Deferment may be rescinded when additional information comes to the authority's attention that, in his or her discretion, presents grounds for denial of continued deferment. The accused must be given notice of the intended rescission and of the right to submit written matters. The accused, however, may be required to serve the sentence to confinement pending this action.

RECORD OF PROCEEDINGS.- Any document relating to deferment or rescission of deferment is made a part of the record of trial. The dates of any periods of deferment and the date of any rescission must appear in the CA's actions or supplementary actions.

RESTRICTION AND EXTRA DUTY ORDERS

An accused may be awarded restriction and/or extra duty us a sentence at a court-martial. Chapter 6 covers the prepartition of restriction and extra duty orders. No difference exists in the preparation of these orders to affect a sentence from a court-martial with the exception of stating in the text that the restriction and/or extra duty is the result of a court-martial.

Restriction

Restriction is the least severe form of deprivation of liberty and it involves moral rather than physical restraint. Generally, the restricted member continues to perform military duties, but is required to report to a specified place at specific periods of time. Both officer and enlisted members may be restricted. The restriction order should be prepared by you and then you should turn it over to the chief master-at-arms (CMAA) for execution of the sentence.

Extra Duty

Extra duty is the performance by enlisted members of duties in addition to those normally assigned. Extra duties normally should not exceed 2 hours per day, after which the accused is granted liberty-unless, of course, the member's liberty has been otherwise curtailed. Extra duty is not performed on Sundays but Sunday is counted as a day of performing extra duty. You should meet with your CMAA to determine who prepares the extra duty letter and log. Normally, the CMAA performs this function.

REVIEW OF COURTS-MARTIAL

When proceedings at the trial court level have been completed, a record of trial must be prepared. Chapter 4 covers the preparation of the record of trial. Once prepared, the record of trial will be authenticated by the signature of a person who declares that the record accurately reports the proceedings. Except in unusual circumstances this person will be the military judge or summary court-martial officer. According to JAG/COMNAVLEGSVCCOMINST 5814.1, the NLSO or NLSO detachment responsible for the preparation of the record of trial will attach an appropriate posttrial checklist (GCM, SPCM [BCD], or

SPCM [non-BCD]) to the original record of trial before sending the record to the CA for further review. The record of trial will then be sent to the CA and the review _{process begins.} No part of the sentence, with the exception of confinement, can be executed against the accused until the CA has acted on the record.

Within certain time constraints, depending upon the type of court-martial and sentence adjudged, the accused may submit written "matters" to the CA. These matters can affect the CAs decision whether to approve or disapprove the trial results. In a general court-martial (GCM) or a special court-martial (SPCM) case involving a bad-conduct discharge (BCD), the CA's decision must await the written recommendation of the SJA or the legal officer (LO). With the benefit of these inputs, the CA determines, within his or her sole discretion, whether to approve or disapprove the sentence adjudged. This determination is in the form of a written legal document called the CA's action.

After the CA takes his or her action, the record of trial is sent for further review. The summary court-martial (SCM), the SPCM not involving a BCD, and all other noncapital courts-martial in which the accused waived appellate review are reviewed by a judge advocate assigned, in most cases, to the staff of an OEGCMJ. This written review will normally end the mandatory review process. However, in certain cases the OEGCMJ will have to take final action.

After initial review by the CA, the GCM and those SPCMs that include a BCD will normally be reviewed further by the Navy-Marine Corps Court of Military Review (NMCMR). Under certain circumstances, the case can also be considered by the Court of Military Appeals (COMA) and, possibly, the United States Supreme Court.