Page 366 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10069

( 1) The pleas, findings, and sentence, and if the accused was represented by counsel at the
summary court-martial, a notation to that effect;
(2) The fact that the accused was advised of the matters set forth in R.C.M. 1304(b )(I);
(3) If the summary court-martial is the convening authority, a notation to that efiect.
(c) Cert{fication. The summary court-martial shall certify the record by signing the record of
trial. An electronic record of trial may be certified with the electronic signature of the summary
court-martial.
(d) Fonvarding copies of the record
( 1) Accused's copy.
(A) Service. The summary court-martial shall cause a copy of the record of trial to be
served on the accused as soon as it is certified. Service of a certified electronic copy of the record
oftrial with a means to review the record of trial satisfies the requirement of service under this
rule.
(B) Receipt. The summmy court-martial shall cause the accused's receipt for the copy of
the record of trial to be obtained and attached to the original record of trial or shall attach to the
original record of trial a certificate that the accused was served a copy of the record. If the record
of trial was not served on the accused personally, the summary court-martial shall attach a
statement explaining how and when such service was accomplished. If the accused was
represented by counsel, such counsel may be served with the record of triaL
(C) Classified information. If classified infonnation is included in the record of trial of a
summary comt-martial, R.C.M. 1112(e)(3)(A) shall apply.
(2) .Forwarding to the convening authority. The original and one copy of the record of trial
shall be forwarded to the convening authority after compliance with paragraph (d)( I) of this
rule.
(3) Further disposition. After compliance with R.C.M. 1306(b) and (h) and R.C.M.
1307(h), if applicable, the record of trial shall be disposed of under regulations prescribed by
the Secretary concerned.
(e)Loss ofrecord; defective record; correction ofrecord.
(1) Loss ofrecord. If the certified record of trial is lost or destroyed, the summary court-
martial shall, if practicable, cause another record of trial to be prepared for certification. The
new record of trial shall become the record of trial in the case if the requirements of this rule
are met.
(2) Defective record. A record of trial found to be defective after certification may be
returned to the summary court-martial to be corrected. The summary court-martial shall give
notice of the proposed correction to the parties and permit them to examine and respond to the
proposed correction before issuing a certificate of correction. The parties shall be given
reasonable access to any recording of the proceedings.
(3) Cert~ficate (?f correction; service on the accused. The certificate of correction shall be
certified as provided in subsection (c) of this rule and a copy served on the accused as provided
in paragraph (d)(l) of this rule. The certificate of correction and the accused's receipt for the
certificate of correction shall be attached to each copy of the record of trial required to be
prepared under this rule.

Rule 1306. Post-trial procedure, summary court-martial
(a) Matters submitted After a sentence is adjudged by a summary court-martial, the accused
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00183 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.185</GPH>
and any crime victim may submit matters to the convening authority in accordance with R.C.M.

164