Posttrial Service Record Entries

When an enlisted member is tried and convicted by court-martial, and a guilty finding is approved by the CA, entries in the member's service record must be made setting forth the details of the trial.

When you are trying to determine which service record entries are required to properly document the results of trial, there are several things to consider.

There are several types of punishment that the court could adjudge. Some of these punishments will affect the accused's pay and some will not.

The types of punishment that affect an accused's pay are (1) reduction in rate; (2) forfeiture of pay; and (3) fine.

The types of punishment that do not affect the accused's pay are (1) confinement; (2) hard labor without confinement; (3) restriction; (4) admonition or reprimand; and (5) punitive discharge (DD or BCD).

You must also realize that even though the CA has approved a sentence, or any part of a sentence, he or she may still desire to suspend that sentence or any portion of that sentence. If the CA does suspend a sentence, or any portion thereof, it may have a bearing on the type of service record entries you will be required to make.

Notice that the service record pages that are required are pages 4, 7, 9, and 13. However, not all these pages will be used in every case. You will have to determine when any particular entry is required based upon the facts of the case.

You have already learned the basic preparation requirements for these service record pages in chapter 6. The only difference now is you will prepare them for approved court-martial sentences vice NJP results. A few general rules apply for the preparation of these documents.

Page 4 entries

1. If the sentence, as approved and ordered executed by the CA, includes a reduction in rate, you will prepare a page 4 entry.

2. If the sentence includes a reduction in rate that has been approved, but, instead of being ordered executed, has been suspended for a specified period of time by the CA, then you will not prepare a page 4 entry at this time.

3. If the reduction in rate has been suspended by the CA for a specified period of time, and during that period of time the accused violates the terms of the suspension, the CA will most likely order the suspended reduction in rate be executed. This is known as vacating a suspended sentence. When this happens, you will prepare a page 4 entry. The effective date and the time in rate date would be the date that the CA ordered the suspended reduction in rate vacated. A sample of a completed page 4 is shown in figure 8-12.

Page 9 entries

You will always be required to make a page 9 entry to document that an accused has been to a court-martial if that court-martial resulted in a conviction. General rules for entries on page 9 include the following:

1. Block 2-Reason: If the accused was reduced in rate, you will type the letter abbreviation of the type of court-martial followed by a slash and then type RR.

2. Block 4-Traits: Always refer to all service record pages where an entry was made to reflect an approved sentence.

Figure 8-13 illustrates three examples of how to annotate a page 9. You would use the first sample if the sentence, as approved by the CA, did not include confinement and did not affect the accused's pay-in other words, there was no reduction in rate, no forfeiture of pay, no fine, and no confinement. You will use the second sample if the sentence, as approved by the CA, did include confinement and/or did affect the accused's pay, but did not include a reduction in rate. Use the third type of sample when the sentence as approved by the CA includes a reduction in rate. As the samples show, the choices of possible page 9 entries would be the same for an SCM or a GCM.

Figure 8-12.-Navy Occupational/Training and Awards History, NAVPERS 1070/604.

Figure 8-13.-Enlisted Performance Record, NAVPERS 1070/609.

Page 13 entries

You will be required to make a page 13 entry, similar to that shown in figure 8-14, in all cases resulting in a conviction where the sentence fits into one of the following categories: 

. The sentence, as approved by the CA, was no punishment. 

. The sentence, as approved and ordered executed by the CA, did not include confinement and did not affect the accused's pay (no reduction in rate, no forfeiture of pay, no tine). 

. The sentence was such that it would normally require a page 7 entry (confinement, reduction in rate, forfeiture of pay, or fine), but the CA has suspended all portions of the sentence that would normally require you to prepare a page 7 entry. As long as no part of the sentence "ordered executed" includes confinement, reduction in rate, forfeiture of pay, or fine, then you would prepare a page 13 entry.

Page 7 entries

You will be required to prepare a page 7 entry in all cases where the sentence, as approved and ordered executed by the CA, includes confinement, reduction in rule, forfeiture of pay, or fine.

Remember, if all the previous types of punishment have been suspended by the CA, then you will not prepare a page 7 entry, but instead you will prepare a page 13 entry. However, if any one portion of the previously mentioned types of punishment has been approved and not suspended then you must prepare a page 7 entry. The key to remember is that you will be required to prepare either a page 7 entry or a page 13 entry to reflect the result of trial, but not both.

Figure 8-15 shows an example of a completed page 7 reflecting the CA's action that approved and ordered executed the sentence awarded at trial. Figure 8-16 is a sample page 7 reflecting the CA's action that approves and orders executed the sentence awarded at trial with the exception of the BCD. Figure 8-17 illustrates a page 7 reflecting the CA's action in which the CA only partially approved the sentence and ordered it executed.