Page 342 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10045

(C) Suspension. If the Statement of Trial Results included a recommendation by the
military judge that a portion of the sentence be suspended, the judgment shall specify the action
of the convening authority on the recommendation.
(D) Reprimand. If the sentence included a reprimand, the judgment shall contain the
reprimand issued by the convening authority.
(E) Rehearing. If the judgment is entered after a rehearing, new trial or other trial, the
judgment shall specify any sentence limitation applicable by operation of Article 63.
(F) Other information. Any additional information that the Secretary concerned may
require by regulation.
(4) Statement of Trial Results. The Statement of Trial Results shall be included in the
judgment in accordance with regulations prescribed by the Secretary concerned.
(c) A1od?fication C?fjudgment. The judgment may be modified as follows-
( I) The military judge who entered a judgment may modify the judgment to correct
computational or clerical errors within 14 days after the judgment was initially entered.
(2) The Judge Advocate General, the Court of Criminal Appeals, and the Court of Appeals for
the Armed Forces may modify a judgment in the performance of their duties and responsibilities.
(3) If a case is remanded to a military judge, the military judge may modify the judgment
consistent with the purposes of the remand.
( 4) Any modification to the judgment of a court-martial must be included in the record of
trial.
(d) Rehearings, new trials, and other trial'S. In the case of a rehearing, new trial, or other trial, the
military judge shall enter a new judgment into the record of trial to reflect the results of the
rehearing, new trial, or other trial.
(e) Whenjudgment is entered
(1) Courts-martial without a .finding of guilty. When a court-martial results in a full acquittal
or when a court-martial terminates before findings, the judgment shall be entered as soon as
practicable. When a court-martial results in a flnding of not guilty only by reason oflack of
mental responsibility of all charges and specifications, the judgment shall be entered as soon as
practicable after a hearing is conducted under R. C .M. 1105.
(2) Courts-martial 1v ith a finding of guilty. If a court-martial includes a finding of guilty to
any specification or charge, the judgment shall be entered as soon as practicable after the staff
judge advocate or legal advisor notifies the military judge of the convening authority's post-trial
action or decision to take no action under R.C.M. 1109 or 1110, as applicable.
(f) Publication.
( 1) The judgment shall be entered into the record of trial.
(2) A copy of the judgment shall be provided to the accused or to the accused's defense
counsel. If the judgment is served on defense counsel, defense counsel shall, by expeditious
means, provide the accused with a copy.
(3) A copy of the judgment shall be provided upon request to any crime victim or crime
victim's counsel in the case, without regard to whether the accused was convicted or acquitted of
any offense.
(4) The commander of the accused or the convening authority may publish the judgment of
the court-martial to their respective commands.
(5) Under regulations prescribed by the Secretary of Defense, court-martial judgments shall
be made available to the public.
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