SUMMARY COURT-MARTIAI. RECORDS

The record of trial by SCM consists of the original and at least two copies that include the following:

The pleas, findings, and sentence and, if the accused was representcd by counsel at the SCM, a notation to that effect

A statement that the accused was advised of the matters set forth in R.C.M. 130-1(b)(1)

If the SCM is the CA, a notation to that effect

Appendix 15, MCM, is a sample Record of Trial by Summary Court-Martial, DD Form 2329. This form is filled out by the SCM and becomes a part of the record of trial, In addition, if the accused is found not guilty of any charge that the accused entered a plea of not guilty, the charge sheet and a summary of any evidence presented during trial is included.

The summary of evidence considered by the SCM must be attached to the record only when the accused has entered a plea of not guilty to any charge and was then found guilty by the SCM.

Matters considered by an SCM in extenuation and mitigation must, in all cases, be summarized and attached to the record.

Although no reporter is required for an SCM, if it appears that the case will be rather lengthy or that several witnesses will be called to testify, it is probable that a reporter, if one is available, will be detailed to record the case However, in the vast majority of cases, no reporter is detailed because the necessary clerical functions can normally be performed by any clerical asistant. In those cases, the SCM officer summarizes the testimony himself or

CERTIFICATE OF CORRECTION , 19 United States v. The record of trial in the above case, which was tried by the court-martial convened by , dated 19 , (at) (on board) , on 19 is corrected by the insertion on page 9 immediately following line , of the following: "The detailed reported, , was sworn." This correction is made because the reporter was sworn at the time of trial but a statement of that effect was omitted, by error, from the record. R.C.M. 1104(d) has been complied with. (NOTE: The certificate of correction is authenticated in the same manner as for the record of trial.) Copy of the certificate received by me this day of ,19 (Signature of accused) (Name of accused) (NOTE: The certificate of correction is bound at the end of the original record immediately before the action of the convening authority.) , .

Figure 3-4.-Format for certificate of correction.

herself. The SCM authenticates each copy of the record by signing them.

If the sentence ordered executed includes confinement on bread and water or diminished rations, the medical certificate is attached to the original copy of the record of trial.

DISTRIBUTION

The SCM will cause a copy of the record of trial to be served on the accused as soon as it is authenticated. The SCM also causes the accused's receipt for the copy of the record of trial to be obtained and attaches to the original record of trial or attaches to the original record of trial a certificate that the accused was served with a copy of the record. If the record of trial was not served on the accused personally, the SCM attaches a statement explaining how and when such service was accomplished. If the accused was represented by counsel, that counsel may be served with the record of trial.

FORWARDING

The original and one copy of the record of trial are sent to the CA for action.