Soldier s Training Manual Paralegal Specialist (27D) Appendix B. Answer Key & Examples for Military Justice Exercises. Appendix B

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1 Soldier s Training Manual Paralegal Specialist (27D) Appendix B Answer Key & Examples for Military Justice Exercises Appendix B

2 Soldier s Training Manual Paralegal Specialist (27D) THIS PAGE INTENTIONALLY LEFT BLANK. Appendix B

3 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Employ Military Justice Online (MJO) 1. Military Justice Online (MJOnline or MJO) is a web-based application, built by the Information Technology (IT) Division to provide GCMCA s and SPCMCA s worldwide a better means to create, record, track, and administer minor military justice actions. 2. You need a JAGCNet and AKO accounts in order to access Military Justice Online. 3. As of right now, Military Justice Online actions include investigations, reprimands, administrative separations, and non-judicial punishment. NOTE - Military Justice Online is constantly undergoing changes. ITD is always looking to make MJO better and is always looking to add more functions to the program. 4. You are able to designate up to five actions that you are working on to be connected directly to the homepage. Appendix B B-1

4 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Employ the Manual for Courts-Martial (MCM) 1. b 2. R.C.M. 304(b) 3. Page IV-22 OR Page A R.C.M. 304(a) 5. Page IV-1 6. Appendix R.C.M. 307(a) 8. R.C.M. 103(3) 9. Its purpose is to make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it. (Page IV-1) 10. M.R.E. 315(d)(1) Appendix B B-2

5 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Prepare a Military Justice Report (MJR) 1. All individuals involved in the MJR reporting process may use this system. 2. Log into JAGCNet at https://www.jagcnet.army.mil and click on the JAGC Applications Portal on the left side of the page. Once on that page, click on the MJ Reports icon. 3. Each GCM jurisdiction requires at least one approval authority. 4. The MJR Report System supports three levels of reporting. 5. The Back and Forward buttons Appendix B B-3

6 Soldier s Training Manual Paralegal Specialist (27D) THIS PAGE INTENTIONALLY LEFT BLANK. Appendix B

7 SUMMARIZED RECORD OF PROCEEDINGS UNDER ARTICLE 15, UCMJ For use of this form, see AR 27-10, Chapter 3; the proponent agency is OTJAG-CL. A summarized Article 15 may only be used for enlisted personnel. The punishments that may be imposed are limited to: extra duty for 14 days or less, restriction for 14 days or less, an oral reprimand/admonition, or any combination thereof. The imposing commander will ensure that the Soldier understands the rights found on page 2 of this form. An NCO will normally go over these rights with the Soldier. NAME & RANK SSN UNIT & LOCATION JACOBS, Everett L. Jr., PFC Co C, 3rd Bn, 3rd AR, Fort Atterbury, IN On 20 SEP 2010_, the above Soldier was informed that the commander was considering imposition of nonjudicial punishment under the provisions of Article 15, UCMJ, Summarized Proceedings, for the following misconduct: In that you, did, at or near Fort Atterbury, Indiana, on or about 20 September 2010, without authority, fail to go at the time prescribed to your appointed place of duty, to wit: 0630 physical training formation at or near building This is in violation of Article 86, UCMJ. 2. The member was advised that no statement was required, but that any statement made could be used against him or her in the proceeding or in a court-martial. The member was also informed of the right to demand trial by court-martial, the right to present matters in defense, extenuation and/or mitigation, that any matters presented would be considered by me before deciding whether to impose punishment, the type or amount of punishment, if imposed, and that no punishment would be imposed unless I was convinced beyond a reasonable doubt that the service member committed the misconduct. The service member was afforded the opportunity to take 24 hours to make a decision regarding these rights. No demand for trial by court-martial was made. After considering all matters presented, the following punishment was imposed: X Guilty of all offenses OR Guilty of the offenses not lined out OR Not Guilty of all offenses (destroy form) Based on the findings, I imposed the following punishment(s): Extra Duty for _5 days (max of 14) Restriction for days (max of 14) Oral reprimand or admonition The punishment(s) of (was)(were) suspended, to be automatically remitted if not vacated before. 3. I advised the Soldier of his or her right to appeal to the next superior authority within five (5) calendar days, that an appeal made after that time could be rejected as untimely, and that the punishment was effective immediately unless otherwise stated. The Soldier: Requested a reasonable time to decide Elected immediately not to appeal. X whether to appeal. DATE NAME, RANK, AND ORGANIZATION OF COMMANDER SIGNATURE 20 SEP 10 THOMAS R. ANDERSON, CPT, Co A, 3rd Bn, 3rd AR Thomas R. Anderson 4. (Initial appropriate block, date, and sign) a. I do not appeal. b. X I appeal but do not submit matters for consideration. I appeal and submit additional matters. DATE NAME AND RANK OF SERVICE MEMBER SIGNATURE 20 SEP 10 EVERETT L. JACOBS JR., PFC Everett L. Jacobs Jr 5. After consideration of all matters presented in appeal, the appeal is: X Denied. Granted as follows: DATE NAME, RANK, AND ORGANIZATION OF COMMANDER SIGNATURE 22 SEP 10 GARY E. PIKES, LTC, 3rd Bn, 3rd AR, 3rd Bde, 54th ID (Mech) Gary E. Pike 6. I have seen the action taken on my appeal. DATE 22 SEP 10 SIGNATURE OF SERVICE MEMBER Everett L. Jacobs Jr 7. ALLIED DOCUMENTS AND/OR COMMENTS: B/M DA Form 4856, Flag, ERB DA FORM NOV 04 Page 1 B-4

8 SUMMARIZED ARTICLE 15 RIGHTS, MAXIMUM PUNISHMENTS, AND FILING: Article 15, UCMJ, is a federal law that permits commanding officers to conduct non-judicial proceedings for minor offenses. A Soldier may refuse Article 15 proceedings and demand trial by court-martial, unless attached to or embarked on a vessel. A Commander may find a Soldier guilty of an offense at an Article 15 proceeding only after being convinced beyond a reasonable doubt that the Soldier is guilty. Summarized Article 15 procedures are the most informal type of Article 15 proceeding and are governed by the rules in AR 27-10, Chapter 3, paragraph Summarized Article 15 procedures may not be used for warrant or commissioned officers. SOLDIERS HAVE THE FOLLOWING RIGHTS AT A SUMMARIZED ARTICLE 15 PROCEEDING: a. To refuse Article 15 proceedings and demand trial by court-martial if not attached to or embarked on a vessel. If a Soldier demands trial by court-martial, the trial could be a Summary, Special, or General Court-Martial. A Soldier may also object to trial by Summary Court-Martial. At a Special or General Court-Martial, a Soldier is entitled to be represented by qualified military defense counsel, or by civilian counsel at no expense to the government. b. To remain silent and to not make any statement about the charged offenses. Any statement made may be used against the Soldier in any other proceeding, including a trial by court-martial. c. To confront witnesses, to examine the evidence, and to present matters in defense, extenuation, or mitigation. d. To appeal the findings and punishment to the next superior authority. e. To be given a reasonable amount of time (normally 24 hours) to decide whether to accept summarized Article 15 procedures or to demand trial by court-martial. Because of the limited nature of potential punishments under a summarized Article 15 proceeding, the Soldier has no right to consult with legal counsel. MAXIMUM PUNISHMENTS UNDER SUMMARIZED ARTICLE 15 PROCEEDINGS: Regardless of the rank of the commander imposing a summarized Article 15, the maximum punishment may not exceed 14 days extra duty, 14 days restriction, an oral reprimand or admonition, or any combination thereof. THE RECORDING AND FILING OF SUMMARIZED ARTICLE 15 FORMS: The proceedings will be reflected on DA Form This form will be maintained locally in the unit s nonjudicial punishment file (file number 27-10f). The form will be destroyed at the end of two years from the date of imposition of the punishment, or upon the Soldier s transfer from the unit, whichever occurs first. A copy will be provided to the Soldier if a request is submitted during the filing period. The DA is not filed in the Soldier s Official Military Personnel File (OMPF). THE NEED TO IMPROVE STANDARDS OF PERFORMANCE AND CONDUCT: Soldiers found guilty at any Article 15 proceeding, including a summarized proceeding, are considered to be on notice that they must improve their conduct and performance. An Article 15, whether summarized or formal, may form the basis, in whole or in part, for an administrative separation that results in a less than honorable discharge. Soldiers are strongly encouraged to exhibit the behavior necessary to receive an Honorable Discharge. If not, one or more of the following situations may occur: a. The Soldier may be separated with a General Discharge under Honorable Conditions or with an Other Than Honorable Discharge. b. A Soldier separated with less than an honorable discharge may be barred from ever enlisting again, may encounter problems securing civilian employment, and may forfeit the many benefits generally associated with an Honorable Discharge. c. The Soldier should know that the likelihood of upgrading a less than honorable discharge, while possible, is unlikely. DA FORM NOV 04 Page 2 (Not required to be filed with Page 1) B-4

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11 RECORD OF PROCEEDINGS UNDER ARTICLE 15, UCMJ For use of this form, see AR 27-10, Chapter 3; the proponent agency is OTJAG-CL. NAME & RANK SSN UNIT & LOCATION MONTHLY BASE PAY BUZZWORTHY, John B., SPC Co A, 3rd Bn, 3rd AR, Fort Atterbury, IN $2, I am considering whether you should be punished under Article 15, UCMJ, for the following misconduct: In that you, did, at or near Fort Atterbury, Indiana, on or about 1 October 2010, without authority, fail to go at the time prescribed to your appointed place of duty, to wit: 0630 physical training formation located at or near building This is in violation of Article 86, UCMJ. In that you, at or near Fort Atterbury, Indiana, on or about 4 October 2010, were disrespectful in language to Sergeant First Class Leeroy Jenkins, a superior noncommissioned officer, then known by you to be a superior noncommissioned officer, who was then in the execution of his office, by saying to him, get your lazy butt to work, or words to that effect. This is in violation of Article 91, UCMJ. (SEE CONTINUATION SHEET) 2. You are not required to make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-martial. You have several rights under this Article 15 proceeding. First I want you to understand I have not yet made a decision whether or not you will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the offense(s). You may ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present witnesses or other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light (matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the type and amount of punishment I will impose. If you do not want me to dispose of this report of misconduct under Article 15, you have the right to demand trial by court-martial instead. In deciding what you want to do you have the right to consult with legal counsel located at BLDG 6287, FORT ATTERBURY, IN You now have 48 hours to decide what you want to do. DATE 7 OCT 10 NAME, RANK, AND ORGANIZATION OF COMMANDER GARY E. PIKES, LTC, 3rd Bn, 3rd AR, 3rd Bde, 54th ID (Mech) SIGNATURE a. I demand trial by court-martial. b. X I do not demand trial by court-martial and in the Article 15 proceedings: (1) I request the hearing be X Open. Closed. (2) A person to speak in my behalf Is X Is not requested. (3) Matters in defense, extenuation, and/or mitigation: X Are not presented. Are attached. Will be presented in person. Gary E. Pike 3. Having been afforded the opportunity to consult with counsel and understanding my rights listed above and on page three of this form, my decisions are as follows: (Initial appropriate blocks, date, and sign) DATE 8 OCT 10 NAME AND RANK OF SERVICE MEMBER JOHN B. BUZZWORTHY, SPC SIGNATURE John B. Buzzworthy 4a. In a(n) X Open Closed hearing, having considered all matters presented, I hereby make the following findings: Guilty of All Guilty of Some Specifications Not Guilty of All Specifications (line out all X Specifications. (line out Not Guilty Specifications). Specifications and sign below). Based on my findings, I impose the punishments that are officially recorded in Item 6 of this form. 4b. I direct that this DA Form 2627 be filed in the: Performance section NA as Soldier was an E-4 or below at start of Restricted section of the OMPF. X of the OMPF. proceedings. 4c. You are advised of your right to appeal to the next superior authority: ( Cdr, 3rd Bde, 54th ID (Mech)) within five (5) calendar days. An appeal made after that time may be rejected as untimely. Punishment is effective immediately unless otherwise stated in Item 6. DATE 8 OCT 10 NAME, RANK, AND ORGANIZATION OF COMMANDER GARY E. PIKES, LTC, 3rd Bn, 3rd AR, 3rd Bde, 54th ID (Mech) 5. (Initial appropriate block, date, and sign) I do not appeal. X I appeal but do not submit additional matters. DATE NAME OF SERVICE MEMBER 8 OCT 10 JOHN B. BUZZWORTHY DA FORM 2627 NOV 04 Page 1 SIGNATURE Gary E. Pike I appeal and submit additional matters. SIGNATURE John B. Buzzworthy B-5

12 NAME & RANK SSN UNIT & LOCATION BUZZWORTHY, John B., SPC Co A, 3rd Bn, 3rd AR, Fort Atterbury, IN The following punishment is imposed: Reduction to Private (E1), suspended, to be automatically remitted if not vacated before 8 January 2011; forfeiture of $ per month for two months; extra duty for 45 days; restriction to the limits of Fort Atterbury, Indiana for 45 days. 7. I have considered the appeal and it is my opinion that: The proceedings were conducted in accordance with law and regulation and the punishments imposed were not unjust nor disproportionate to the offenses committed. DATE 9 OCT 10 NAME, RANK, AND ORGANIZATION OF REVIEWING JUDGE ADVOCATE TYRONIUS LAW, CPT, HHC, 3rd Bde, 54th ID (Mech) SIGNATURE Tyronius Law 8. After consideration of all matters presented in the appeal, the appeal is: X Denied. Granted as follows: DATE 10 OCT 10 NAME, RANK, AND ORGANIZATION OF COMMANDER FRANK R. MYERS, COL, 3rd Bde, 54th ID (Mech) 9. I have seen the action taken on my appeal. DATE 10 OCT 10 NAME OF SERVICE MEMBER JOHN B. BUZZWORTHY 10. ALLIED DOCUMENTS AND/OR COMMENTS : Paragraph 3-18(f)(1), AR complied with. DA Form 2823, SFC Jenkins, dtd 4 OCT 10 DA Form 4856 MP Report # LB, dtd 5 OCT 10 Flag ERB SIGNATURE Frank R. Myers SIGNATURE John B. Buzzworthy W/M DA FORM 2627 NOV 04 Page 2 B-5

13 ARTICLE 15 RIGHTS, MAXIMUM PUNISHMENTS, AND FILING Article 15, UCMJ, is a federal law that permits commanding officers to conduct non-judicial proceedings for minor offenses. A Soldier may refuse Article 15 proceedings and demand trial by court-martial, unless attached to or embarked on a vessel. A Commander may find a Soldier guilty of an offense at an Article 15 proceeding only after being convinced beyond a reasonable doubt that the Soldier is guilty. SOLDIERS HAVE THE FOLLOWING RIGHTS AT AN ARTICLE 15 PROCEEDING: a. To refuse Article 15 proceedings and demand trial by court-martial. If the Soldier is attached to or embarked on a vessel, he or she is not permitted to refuse Article 15 proceedings. If a Soldier demands trial by court-martial, the trial could be a Summary, Special, or General Court-Martial. A Soldier may object to trial by Summary Court-Martial. At a Special or General Court-Martial, a Soldier is entitled to be represented by qualified military defense counsel, or by civilian counsel at no expense to the government. b. To request an open or closed hearing. c. To request a person to speak on his or her behalf. d. To invoke his or her rights under Article 31(b), UCMJ, to remain silent and to not make any statement regarding the offense(s) for which the Article 15 hearing is held. If the Soldier makes a statement, that statement may be used as evidence in a later trial by courtmartial. e. To present matters in defense, extenuation, or mitigation. f. To discuss the Article 15 and its proceedings with an attorney in private before making these elections. g. To appeal the findings and punishment to the next superior authority. MAXIMUM PUNISHMENTS UNDER A FORMAL ARTICLE 15 FOR ENLISTED SOLDIERS IF IMPOSED BY: A Company Grade Officer: An oral or written reprimand, restriction for 14 days, extra duty for 14 days, correctional custody for 7 days (if the Soldier is in the grade of E-3 or below and if a correctional custody facility is available), reduction of one grade (if the Soldier is in the grade of E-4 or below), and forfeiture of 7 days pay. The amount of the forfeiture is computed at the reduced grade, even if suspended, if reduction is part of the punishment imposed. A Field Grade or General Officer: An oral or written reprimand, restriction for 60 days, extra duty for 45 days, correctional custody for 30 days (if the Soldier is in the grade of E-3 or below and if a correctional custody facility is available), reduction of one or more grades (if the Soldier is in the grade of E-4 or below), reduction of one grade if the Soldier is in the grade of E-5 or E-6, and forfeiture of ½ of one month s pay for two months. The amount of the forfeiture is computed at the reduced grade, even if suspended, if reduction is part of the punishment imposed. When restriction is combined with extra duty, the maximum period of restriction is 45 days. MAXIMUM PUNISHMENTS UNDER ARTICLE 15 FOR COMMISSIONED & WARRANT OFFICERS IF IMPOSED BY: A Company Grade Officer or Field Grade Officer: A written reprimand and restriction for 30 days. Note: The authority of company and field grade officers to impose Article 15 punishment on fellow officers is typically withheld by the General Court-Martial Convening Authority (GCMCA). Check with the command s Staff Judge Advocate before attempting to take action. A General Officer or GCMCA: A written reprimand, arrest in quarters for 30 days, restriction for 60 days, and forfeiture of ½ of one month s pay for two months. THE FILING OF ARTICLE 15 FORMS & REVIEW BY DA CAREER MANAGERS AND SELECTION BOARDS: If a Commander finds a Soldier in the rank of Sergeant (E-5) or above guilty of one or more offenses at an Article 15 proceeding and imposes punishment, the Commander must file the Article 15 form in either the Soldier s Official Military Personnel File (OMPF) performance or restricted fiche. MOS/specialty career managers and DA Selection Boards routinely use the OMPF performance fiche. The OMPF restricted fiche is not given to MOS/specialty career managers or DA selection boards without the approval of the Commander, HRC or selection board proponent. If the soldier is in the grade of E-4 or below at the start of an Article 15 proceeding and punishment is imposed, the form will be maintained locally and no filing in the OMPF, either in the performance or the restricted fiche, is authorized. AR 27-10, Chapter 3 provides detailed rules governing requests to transfer an Article 15 from a Soldier s performance fiche to his or her restricted fiche. THE NEED TO IMPROVE STANDARDS OF PERFORMANCE AND CONDUCT: Soldiers found guilty at an Article 15 proceeding are considered to be on notice that they must improve their conduct and performance. An Article 15 may form the basis, either in whole or in part, for an administrative separation action that results in a less than honorable discharge. Soldiers are strongly encouraged to exhibit the behavior necessary to receive an Honorable Discharge. If not, one or more of the following situations may occur: a. The Soldier may be separated with a General Discharge under Honorable Conditions or with an Other Than Honorable Discharge. b. A Soldier separated with less than an honorable discharge may be barred from ever enlisting again, may encounter problems securing civilian employment, and may forfeit the many benefits generally associated with an Honorable Discharge. c. The Soldier should be aware that the likelihood of upgrading a less than honorable discharge, while possible, is unlikely. DA FORM 2627 NOV 04 Page 3 (Not required to be filed with Pages 1 and 2) B-5

14 ARTICLE 15 PUNISHMENT WORKSHEET Soldier s Data: SPC BUZZWORTHY, John B. Imposing Commander: LTC GARY E. PIKES Type of Article 15: Field Grade Article 15 The following maximum allowable punishment may be imposed: Reduction: Can reduce E5 or E6, one grade only. Can reduce E4 or below one or more grades. Forfeiture: Amount of forfeiture is computed at the reduced grade, even if suspended, if reduction is part of the punishment imposed. (maximum, half of one month's pay for two months). E4 $ E3 $ E2 $ E1 $ Deprivation of Liberty Punishments: Correctional Custody: Maximum of 30 days. Note: This punishment may be imposed only if a CCF is available. Only Soldiers in grades E-1 to E-3 can be placed in a CCF. May not be combined with Extra Duty or Restriction. Extra Duty: Maximum allowable days is 45. Restriction: Maximum allowable days is 60. Further limit of area for restriction is authorized. Reprimand: May be an oral or written reprimand. (must be written if officer) *Combinations of extra duties and restriction cannot exceed the Maximum allowed for extra duty. **Any punishment may be suspended for up to 6 months. PUNISHMENT IMPOSED: Reduction to the Grade of: _E1. If suspended, then (suspended for 120 days) or (reduction below the Grade of suspended for days/months). Forfeiture of $ $ pay per month for (one month)(two months) (suspend $ of the forfeiture for the number of months selected for a period of days/months). Correctional Custody for days, (suspended for days/months). Extra Duty for _45 days, (suspended for days/months). Restriction to the limits of _Fort Atterbury, Indiana for 45 days, (suspended for days/months). (Normal limits are Company area, Dining/Medical Facility, Place of Worship, and Place of Duty) Reprimand (Oral ) (Written ) (Reprimands for enlisted Soldiers may be oral or written and oral is typically appropriate. Reprimands of commissioned or warrant officers must be in writing.) Date Punishment Imposed: _8 OCT 10 Commander s Initials: _GP B-5

15 Continuation Sheet, DA Form 2627, Pertaining to BUZZWORTHY, JOHN B., SPC, , Co A, 3rd Bn, 3rd AR,, Fort Atterbury, IN Item 1, continued: In that you, did, at or near Fort Atterbury, Indiana, on or about 3 October 2010, physically control a vehicle, to wit: a passenger car, while drunk while the alcohol concentration in your blood was grams or more of alcohol per 210 liters of breath as shown by chemical analysis. This is in violation of Article 111, UCMJ. B-5

16 Soldier s Training Manual Paralegal Specialist (27D) THIS PAGE INTENTIONALLY LEFT BLANK. Appendix B

17 RECORD OF SUPPLEMENTARY ACTION UNDER ARTICLE 15, UCMJ For use of this form, see AR 27-10, Chapter 3; the proponent agency is OTJAG-CL. NAME & RANK SSN UNIT & LOCATION BUZZWORTHY, John B., SPC Co A, 3rd Bn, 3rd AR, Fort Atterbury, IN TYPE OF SUPPLEMENTAL ACTION (OTHER THAN SUPERIOR AUTHORITY ACTING ON APPEAL) (CHECK APPROPRIATE BOX) SUSPENSION (Complete Item 1 below) MITIGATION (Complete Item 2 below) REMISSION (Complete Item 3 below) SETTING ASIDE (Complete Item 4 below) X VACATION OF SUSPENSION (Complete Item 5 below) 1. SUSPENSION The punishment(s) of: imposed on the above service member on if not vacated before. (date) 2. MITIGATION The punishment(s) of: imposed on the above service member on 3. REMISSION The punishment(s) of: imposed on the above service member on 4. SETTING ASIDE The punishment(s) of: (date of punishment) (date of punishment) (date of punishment) (is) (are) suspended and will automatically be remitted (is) (are) mitigated to (is) (are) remitted. imposed on the above service member on (date of punishment) All rights, privileges, and property affected are hereby restored. 5. VACATION OF SUSPENSION (is) (are) set aside on the basis of a. The suspension of the punishment(s) of Reduction to Private (E1), Imposed on the above service member on 8 October 2010 (is) (are) hereby vacated. The unexecuted portion(s) of the punishment(s) will be duly executed. b. Vacation is based on the following offense(s): In that you, did, at or near Fort Atterbury, Indiana, on or about 14 October 2010, behave yourself with disrespect toward Captain Felix Barber, your superior commissioned officer, then known by you to be your superior commissioned officer, by saying to him "go sit on an improvised explosive device," or words to that effect. This is in violation of Article 89, UCMJ. (SEE CONTINUATION SHEET) c. The service member was given an opportunity to rebut (see para. 3-25, AR 27-10). d. The service member was present at the vacation proceeding (see para. 3-25, AR 27-10). THE ORIGINAL DA FORM 2627 WAS FILED AS FOLLOWS: Performance section of the OMPF. Restricted section of the OMPF. X NA as Soldier was an E-4 or below at start of proceedings. BY MY ORDER: X AS THE OFFICER WHO IMPOSED THE PUNISHMENT AUTHENTICATION (Check appropriate box) AS THE SUCCESSOR IN COMMAND TO THE IMPOSING COMMANDER AS THE SUPERIOR AUTHORITY DATE NAME, RANK, AND ORGANIZATION OF COMMANDER SIGNATURE 15 OCT 10 GARY E. PIKE, LTC, 3rd Bn, 3rd AR, 3rd Bde, 54th ID (Mech) Gary E. Pike DA FORM NOV 04 B-6

18 Continuation Sheet, DA Form , Pertaining to BUZZWORTHY, JOHN B., SPC, , Co A, 3rd Bn, 3rd AR, Fort Atterbury, IN Item 5.b, continued: In that you, did, at Fort Atterbury, Indiana, on or about 14 October 2010, behave yourself with disrespect toward Captain Felix Barber, your superior commissioned officer, then known by you to be your superior commissioned officer, by contemptuously raising your hand in front of his face and then turning your back and walking away. This is in violation of Article 89, UCMJ. B-6

19 CHARGE SHEET I. PERSONAL DATA 1. NAME OF ACCUSED (Last, First, Ml) 2. SSN 3. GRADE OR RANK McGovern, Lockwood A SSG 5. UNIT OR ORGANIZATION 6. CURRENT SERVICE Company A, 3 rd Battalion, 3 rd Armor, a. INITIAL DATE Fort Atterbury, Indiana JAN PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED a. BASIC b. SEA/FOREIGN DUTY c. TOTAL Pre-Trial Confinement 7 October 2010 $2, None $2, II. CHARGES AND SPECIFICATIONS 10. CHARGE I: VIOLATION OF THE UCMJ, ARTICLE PAY GRADE E6 b. TERM 6 years Specification: In that Staff Sergeant Lockwood A. McGovern, U.S. Army, did, at or near Fort Atterbury, Indiana, on or about 6 October 2010, commit an assault upon Gloria Groves by striking her on the back with a stick and did thereby inflict grievous bodily harm upon her, to wit: seven deep cuts. CHARGE II: Violation of the UCMJ, Article 134. Specification: In that Staff Sergeant Lockwood A. McGovern, U.S. Army, did, at or near Fort Atterbury, Indiana, on or about 5 October 2010, wrongfully communicate to Gloria Groves a threat to kill her. 11a. NAME OF ACCUSER (Last, First, Ml) Anderson, Thomas R. d. SIGNATURE OF ACCUSER Thomas R. Anderson III. PREFERRAL b. GRADE O3 c. ORGANIZATION OF ACCUSER Co A, 3 rd Bn, 3 rd AR e. DATE 7 OCT 10 AFFIDAVIT: Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this 7 th day of Oct, 20 10, and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief. TYRONIUS LAW Typed Name of Officer O3 Grade Tyronius Law Signature DD FORM 458, MAY 2000 HHC, 3 rd Bde Organization of Officer Trial Counsel Official Capacity to Administer Oath (See R. C. M. 307(b) must be commissioned officer) B-7

20 12. On 7 October, the accused was informed of the charges against him/her and of the name(s) of the accuser(s) known to me (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.) Thomas R. Anderson Typed Name of Immediate Commander Co A, 3 rd Bn, 3 rd AR Organization of Immediate Commander 13. O3 Grade Thomas R. Anderson Signature IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY The sworn charges were received at 1000 hours, 7 OCT at HQ, 3 rd Bn, 3 rd AR, Designation of Command or 3 rd Bde, 54 th ID (M) Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403) FOR THE 1 Gary E. Pike Typed Name of Officer COMMANDER Official Capacity of Officer Signing O5 Grade Gary E. Pike Signature V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE Referred for trial to the court-martial convened by, 20, subject to the following instructions: 2 By of Typed Name of Officer Official Capacity of Officer Signing Grade 15. Signature On,20,I (caused to be) served a copy hereof on (each of) the above named accused. Typed Name of Trial Counsel Grade or Rank of Trial Counsel Signature FOOTNOTES: 1 When an appropriate commander signs personally, inapplicable words are stricken. 2 See R.C.M. 601(e) concerning instructions. If none, so state. DD FORM 458 (BACK), MAY 2000 B-7

21 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY COMPANY A, 3 RD BATTALION, 3 RD ARMOR FORT ATTERBURY, INDIANA AJJ-BC-CA 7 October 2010 MEMORANDUM THRU Commander, 3 rd Battalion, 3 rd Armor, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana Commander, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Disposition of court-martial charges SSG Lockwood A. McGovern 1. The following charge(s) pertaining to SSG Lockwood A. McGovern, , Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana are forwarded for your recommendation as to the disposition. 2. The charge sheet and all allied documents (i.e. evidence, flag, ERB) are enclosed. 3. I recommend the following level of courts-martial: ( ) Summary Court-Martial ( ) Special Court-Martial ( ) Special Court-Martial empowered to adjudge a bad-conduct discharge. ( ) General Court-Martial 4. The point of contact for this memorandum is the undersigned. Encl as THOMAS R. ANDERSON CPT, AR Commanding B-7

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