Promulgating Orders

Orders that promulgate the result of trial and the actions of the CA or higher authorities on the record are called promulgating orders. Promulgating orders are used as a method of recordkeeping and informing all those officials interested in the progress of the case. They are prepared, issued, and distributed in all GCM and SPCM cases regardless of action by the CA or higher authorities. Promulgating orders are not required for SCMs. The order is issued by the CA. As required by JAG/COMNAVLEGSVCCOMINST 5814.1, use the promulgating order checklist to assist in the preparation of the promulgating order and attach this checklist to the original record of trial. The form of the

Figure 8-7.-CA's action. Approval of part of the sentence and partial order of execution of the sentence awarded at trial.

Figure 8-8.-CA's action. Acquittal record of trial.

Figure 8-9.-CA's action. Sentence adjudged by court approved by the CA and all but the BCD ordered executed.

Figure 8-10.-CA's action. Sentence awarded at trial approved and ordered executed.

initial promulgating order is set forth in appendix 17, MCM, and illustrated in figure 8-11.

The order will set forth the following:

The type of court-martial and the command by which it was convened

The charges and specifications, or a summary thereof, on which the accused was arraigned

The accused's pleas

The findings or other disposition of each charge and specification

The sentence, if any

The action of the CA or a summary thereof

A promulgating order will bear the date of the initial action, if any, of the CA. An order promulgating an acquittal, a court-martial terminated before findings, a court-martial resulting in a finding of not guilty only by mason of lack of mental responsibility of all charges and specifications, or action on the findings or sentence taken after the initial action of the CA will bear the date of its publication.

The promulgating order will state the date the sentence was adjudged, the date the acquittal was adjudged, or the date the proceedings were otherwise terminated.

All initial and supplemental promulgating orders will be distributed as follows: l Original to be attached to the original record of trial. l Duplicate original to be placed in the service record of the accused, unless the court-martial proceedings resulted in acquittal of all charges, disapproval of all findings of guilty, or disapproval of the sentence by the CA when no findings have been expressly approved. Send this copy to the personnel support activity detachment maintaining the accused's service record. l Duplicate originals or certified copies:

Figure 8-11.-Promulgating order.

Figure 8-11.-Promulguting order-Continued.

a. Three copies to be attached to the original record of trial. (Only one need be attached in those SPCMs in which the approved sentence dots not include an unsuspended or suspended BCD.)

b. One copy to be attached to each copy of the record of trial.

c. Two copies to the CO of the accused if a brig or confinment facility is designated as the place of confinement; three copies if a disciplinary command is designated as the place of confinement. These copies should accompany the records of the accused to the place of confinement.

d. One copy to Commander, Bureau of Naval Personnel (PERS-06 in the case of officers, PERS-83 in the case of enlisted).

e. One copy to the OEGCMJ over the accused at the time of trial, and one to the current OEGCMJ over the accused (if different). The OEGCMJ will be identified by the command name.

f. One copy to the type commander of the accused at the time of trial. The type commander will be identified by the command name. . Duplicate originals, certified copies, or plain copies:

a. One copy to the accused.

b. One copy to the CO of the naval legal service office (NLSO) where the accused was tried.

c. One copy each to the military judge, the TC, and the DC of the court-martial.

d. One copy to the CA and, if the accused was serving in a command other than that of the CA at the time of the alleged offense, one to the command in which he or she was then serving.

c. One copy to each appropriate subordinate unit and any other locall distribution desired.

f. In addition to the distribution requirements stated previously, make sure the following distribution is made when the accused is a Navy officer:

(1) Copy to Officer in Charge, Personnel Support Activity Detachment, Building 29, Offutt AFB, Omaha, Nebraska 68113, if the U.S. Disciplinary Barracks, Fort Leavenworth, Kansas, is designated as the place of confinement.

(2) Copy to the Defense Finance Accounting Service (DFAS), Special Claims Department (Code 4311), Cleveland Center, Cleveland, Ohio 44199-2058, if the sentence includes forfeiture of pay that has been approved by the CA.

Supplemental Actions and Supplemental Promulgating Orders

Action on the case occurring after the initial promulgating order has been published will be taken by issuing a supplemental action and a supplemental promulgating order. Appendix 17, MCM, 1984, provides the necessary forms.