SECURITY CLASSIFICATION

If the record of trial contains matter that is classified according to Department of the Navy Information and Personnel Security Program ^Regulation, OPNAVINST 5510.1H, the TC must make sure a proper security classification is assigned to the record of trial and on each page that classified material appears. Do not include classified matter in a record of trial whenever it can be avoided.

Before delivery of a copy of a classified record to the accused, send it to the CA who will remove all classified matter from it. The CA prepares a certificate showing the page(s) removed or partially deleted and the exhibits removed. The cleansed copy of the record with the original certificate is then delivered to the accused. Attach a copy of the certificate and a statement signed by the accused acknowledging receipt of the cleansed copy of the record to the original record of trial.

GENERAL CONTENT AND ARRANGEMENT

When you send a record of trial to the Judge Advocate General (JAG) or send it out for a judge advocate's review under Article 64(a), UCMJ, arrange the record and bind all the allied papers in the following order:

1. Front cover and inside front cover (chronology sheet) of DD Form 490.

2. Posttrial checklists 1, 2, or 3 and 4, 5, and 6.

3. Judge advocate's review pursuant to Article 64(a) if any.

4. Request of the accused for appellate defense counsel, or waiver or withdrawal of appellate rights, if applicable.

5. Briefs of counsel submitted after trial, if any.

6. Court-Martial Data Sheet, DD Form 494.

7. Court-martial orders promulgating the result of trial as to each accused (ten copies verbatim and four copies summarized).

8. When required, signed recommendation of the SJA or the legal officer, in duplicate, together with all clemency papers, including clemency recommendations by the court members.

9. Matters submitted by the accused pursuant to R.C.M. 1105.

10. Charge Sheet, DD Form 458 (unless included at the point of arraignment in the record).

11. Congressional inquiries and replies, if any.

12. Investigating Officer's Report, DD Form 457, pursuant to Article 32, UCMJ, if such investigation was conducted, followed by any other papers that accompanied the charges when referred for trial, unless included in the record of trial proper.

13. Advice of the SJA or the legal officer, when prepared pursuant to Article 34, UCMJ.

14. Requests by counsel and action taken by the CA; for example, requests about delay, witnesses, and depositions.

15. Records of former trials.

16. Record of trial proper in the following order:

a. Errata sheet, if any.

b. Index sheet with the reverse side showing receipt by the accused or the DC for a copy of the record or a certificate in lieu of receipt.

c. Record of proceedings in court, including Article 39(a) sessions, if any.

d. Authentication sheet, followed by certificate of correction, if any.

c. Action of the CA and, if appropriate, action of the OEGCMJ.

f. Exhibits admitted in evidence. Order is prosecution and defense.

g. Exhibits not received in evidence. You must note the page of the record of trial where each exhibit was offered and rejected on the front bottom of each exhibit as shown:

Offered Page /Not Admitted Page

h. Appellate exhibits. These can include proposed instructions, written offers of proof or preliminary evidence (real or documentary), and briefs of counsel submitted at trial.

i. Back cover sheet.

The TC is ultimately responsible for arranging the record as indicated, except that items 7, 8, and 16e are inserted by the convening or reviewing authority, as appropriate, and items 11 and 15 are inserted by either the TC or the convening or reviewing authority, whichever has custody of them.