Page 311 - Trump Executive Orders 2017-2021

10014 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(C) The military judge shall determine the sentence for all charges and specifications for
which death may not be adjudged in accordance with paragraph ( d)(2); and
(D) If the sentence determined in subparagraphs (B) and (C) include more than one term of
confinement, the military judge shall determine, in accordance with paragraph (d)(2), whether
the terms of confinement, including any term of confinement determined by members, will run
concurrently or consecutively.
(E) The military judge shall ensure that the sentence, at a minimum, includes any
autl10rized punishment determined by the members. The military judge, taking into account the
noncapital offenses addressed in sentencing by the military judge, must include, at a minimum,
the discharge determined by the members and may include a more severe form of discharge in
the sentence.
(F) The military judge shall announce the sentence in accordance with R.C.M. 1007.
(f) Imposition t?fsenfence. In sentencing an accused under this rule, the court-martial shall
impose punishment that is sufficient, but not greater than necessary, to promote justice and to
maintain good order and discipline in the anned forces, taking into consideration-
(1) the nature and circumstances of the offense and the history and characteristics ofthe
accused;
(2) the impact of the offense on-
(A) the financial, social, psychological, or medical well-being of any victim of the
offense; and
(B) the mission, discipline, or efficiency of the command of the accused and any victim
of the offense;
(3) the need for the sentence to--
(A) reflect the seriousness of the offense;
(B) promote respect for the law;
(C) provide just punishment for the ofiense;
(D) promote adequate deterrence of misconduct;
(E) protect others from further crimes by the accused;
(F) rehabilitate the accused; and
(G) provide, in appropriate cases, the opportunity for retraining and returning to duty to
meet the needs of the service; and
(4) the sentences available under these rules.
(g) lriformation that may be considered. The court-martial, in applying the factors listed in
subsection (f) to the facts of a particular case, may consider-
( I) Any evidence admitted by the military judge during the presentencing proceeding
under R. C .M. 1 00 1; and
(2) Any evidence admitted by the military judge during the findings proceeding.

Rule 1003. Punishments
(a) In general. Subject to the limitations in this Manual, the punishments authorized in this rule
may be adjudged in the case of any person found guilty of one or more charges and
specifications by a court-martial.
(b) Authorized punishments. Subject to the limitations in this Manual, a court-martial may
adjudge only the following punishments:
(1) Reprimand. A court-martial shall not specify the terms or wording of a reprimand. A
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reprimand, if approved, shall be issued, in writing, by the convening authority.

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