AUTHENTICATION OF THE RECORD

A record is authenticated by the signature of a person specified who declares that the record accurately reports the proceedings. No person may be required to authenticate a record of trial if he or she is not satisfied that it accurately reports the proceedings.

In SPCMs where a BCD has been adjudged and in all GCMs the military judge present at the end of the proceedings authenticates the record of trial, or that portion over which the military judge presided. If more than one military judge presided over the proceedings, each military judge authenticates the record of proceedings over which that military judge presided.

If the military judge cannot authenticate the record of trial because of his or her death, disability, or absence, the TC present at the end of the proceedings authenticates the record of trial. If the TC cannot authenticate the record of trial because of his or her death, disability, or absence, a member authenticates the record of trial. In a court-martial composed of a military judge alone, or as to sessions without members, the court reporter authenticates the record of trial when this duty would fall upon a member. A person authorized to authenticate a record may authenticate the record only as to those proceedings at which that person was present. In an SCM the SCM officer authenticates the record of trial.

CORRECTION OF THE RECORD

In GCMs and SPCMs the TC examines the record of trial before authentication and causes those changes to be made that are necessary to report the proceedings accurately. The TC cannot change the record after authentication.

The TC may personally correct and initial the necessary changes. If major changes are necessary, the TC will direct the reporter to rewrite the entire record of trial or the portion of the record that is defective.

^{The TC must make} sure the reporter makes a true, complete, and accurate record of the proceedings so the record will meet the applicable requirements.

After you send the record to the CA, the record may be corrected only by a certificate of correction or proceedings in revision. These two procedures are discussed later in this chapter.

SERVICE OF THE RECORD OF TRIAL

In each GCM and SPCM you must serve a copy of the record of trial on the accused as soon as the record of trial is authenticated.

Attach the accused's receipt for the copy of the record of trial to the original record of trial. If it is impractical to secure a receipt from the accused before you send the original record of trial to the CA, prepare a certificate indicating that a copy of the record of trial has been transmitted to the accused. Include on this certificate the means of transmission and the address. This certificate must be attached to the original record of trial. Once the accused's receipt is received at the NLSO, send it to the CA as soon as possible.

If it is impractical to serve the record of trial on the accused because of (1) the transfer of the accused to a distant place, (2) the unauthorized absence of the accused, (3) military exigency, or (4) if the accused so requests on the record at the court-martial or in writing, send the accused's copy of the record to the accused's DC, if any. The TC will attach a statement to the record explaining why the accused was not served personally. If the accused has no counsel and if the accused is absent without authority, the TC prepares an explanation for the failure to serve the record. Send the explanation and the accused's copy of the record along with the original record to the CA. The accused is provided with a copy of the record as soon as possible after its return.