Page 361 - Trump Executive Orders 2017-2021

10064 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(C) The newly discovered evidence, if considered by a court-martial in the light of all
other pertinent evidence, would probably produce a substantially more favorable result for the
accused.
(3) Fraud on court-martial. No fraud on the court-martial warrants a new trial unless it had a
substantial contributing effect on a finding of guilty or the sentence adjudged.
(g) Action on petition.
(1) In general. The authority considering the petition may cause such additional investigation
to be made and such additional information to be secured as that authority believes appropriate.
Upon written request, and in its discretion, the authority considering the petition may petmit oral
argument on the matter.
(2) Courts r<fCriminal Appeals; Court qf Appeals.for the Armed Forces. The Courts of Criminal
Appeals and the Court of Appeals for the Armed Forces shall act on a petition for a new trial in
accordance with their respective rules.
(3) The Judge Advocates General. When a petition is considered by the Judge Advocate
General, any hearing may be before the Judge Advocate General or before an officer or officers
designated by the Judge Advocate General. If the Judge Advocate General believes meritorious
grounds for relief under Article 74 have been established but that a new trial is not appropriate,
the Judge Advocate General may act under Article 74 if authorized to do so, or transmit the
petition and related papers to the Secretary concerned with a recommendation. The Judge
Advocate General may also, in cases which have been finally reviewed but have not been
reviewed by a Court of Criminal Appeals, act under Article 69.
(h) Action when new trial is granted
(1) Forwarding to convening authority. When a petition for a new trial is granted, the Judge
Advocate General shall select and forward the case to a convening authority for disposition.
(2) Charges at ne>v trial. At a new trial, the accused may not be tried for any o±Tense of
which the accused was found not guilty or upon which the accused was not tried at the earlier
court-martial.
(3) Action ~Ji convening authority. The convening authority's action on the record of a new
trial is the same as in other courts-martial.
(4) Disposition of record The disposition of the record of a new trial is the same as for other
courts-martial.
(5) Judgment. After a new trial, a new judgment shall be entered in accordance with R.C.M.
1111.
(6) Action by persons charged with execution of the sentence. Persons charged with the
administrative duty of executing a sentence adjudged upon a new trial shall credit the accused
with any executed portion or amount of the original sentence included in the new sentence in
computing the term or amount of punishment actually to be executed pursuant to the sentence.

Rule 1301. Summary courts-martial
(a) Composition. A summary comi-martial is composed of one commissioned ofticer on active
duty. Unless otherwise prescribed by the Secretary concerned a summary court-martial shall be
of the same armed force as the accused. Summary courts-martial shall be conducted in
accordance with the regulations of the military Service to which the accused belongs.
Whenever practicable, a summary court-martial should be an officer whose grade is not below
lieutenant of the Navy or Coast Guard or captain of the Army, Air Force, or Marine Corps.
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When only one commissioned officer is present with a command or detachment, that officer

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