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

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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 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

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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

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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

22 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY 3 RD BATTALION, 3 RD ARMOR 3 rd BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC-C 8 October 2010 MEMORANDUM THRU 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. 2 Encls GARY E. PIKE 1. as LTC, AR Added 1 encl Commanding 2. Co. Cdr. rec. memo B-7

23 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BRIGADE 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC 11 October 2010 MEMORANDUM 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. 2 Encls FRANK R. MYERS 1-2. as COL, AR Added 1 encl Commanding 3. Bn. Cdr. rec. memo B-7

24 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Prepare and Process a Soldier for Pre-Trial Confinement 1. Checklist for Pre-Trial Confinement. 2. R.C.M The SJA should be notified prior to confinement or as soon as practicable afterwards. Cite: AR paragraph 5-15(a). 4. Consideration to physical size should be taken to ensure that the accused cannot overpower the escorts in an attempt to escape. 5. R.C.M Appendix B B-8

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31 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Prepare and Process an Article 32 Investigation 1. R.C.M. 405 covers pre-trial investigations. 2. The investigating officer should be in the rank of Major or higher or one with legal training. R.C.M. 405(d)(1) discussion. 3. DA Pam covers pre-trial investigations. 4. FALSE. R.C.M. 405(a) 5. TRUE. R.C.M. 405(d)(1) 6. FALSE. R.C.M. 405(c) 7. Yes. DA PAM 27-17, Paragraph 2-1(d) 8. FALSE. R.C.M. 405(h)(3) 9. The primary purpose of the investigation required by Article 32 and this rule is to inquire into the truth of the matters set forth in the charges, the form of the charges, and to secure information on which to determine what disposition should be made of the case. The investigation also serves as a means of discovery. The function of the investigation is to ascertain and impartially weigh all available facts in arriving at conclusions and recommendations, not to perfect a case against the Soldier. R.C.M. 405(a) discussion. 10. FALSE: DA PAM Paragraph 1-2(e). 11. TRUE. R.C.M. 405(d)(3) Appendix B B-9

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

33 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BRIGADE 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC 19 October 2010 MEMORANDUM FOR Major Jose V. Orange, Headquarters and Headquarters Company, 3rd Battalion, 3 rd Armor, Fort Atterbury, Indiana SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. v. SGT Jerry Jones 1. You are hereby designated to investigate the attached charges in the case of SGT Jerry Jones, , Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana , under Article 32, UCMJ. 2. Your investigation will be conducted IAW Article 32(b), UCMJ, R.C.M. 405, MCM (2008 Edition) and AR Procedural guidance is contained in DA Pam You are required to schedule an appointment with the Administrative Law Division of the Office of the Staff Judge Advocate, 54 th Infantry Division (Mechanized) to receive a legal advisor to assist you throughout this investigation. 3. Your investigation will be completed and forwarded to the Criminal Law Division, OSJA, Fort Atterbury, Indiana, not later than 15 duty days from the date of this correspondence. You may approve reasonable defense-requested delays, not to exceed 10 duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded from your allotted time. Any requested delays beyond 25 duty days from the date of this correspondence will be immediately forwarded through the trial counsel to me for action. Within 72 hours of completion of your investigation you will deliver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Criminal Law Division, OSJA, Fort Atterbury, Indiana. 4. Your clerical and administrative support will be provided by the 3 rd Brigade Legal Office. You may contact the 3 rd Brigade Legal Office at The duty uniform should be worn at this hearing to facilitate witnesses returning to regular duties. B-9

34 AJJ-BC SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. v. SGT Jerry Jones 5. You are reminded that Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This investigation is your primary duty until completed and takes precedence over all other assignments, including field duty, scheduled leave or TDY. FRANK R. MYERS COL, AR Commanding 2 B-9

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37 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 54 TH INFANTRY DIVISION (MECHANIZED) OFFICE OF THE STAFF JUDGE ADVOCATE FORT ATTERBURY, INDIANA AJJ-JA 15 November 2010 MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Advice on Disposition of Court-Martial Charges - PV2 LANCASTER, Emmett G. 1. I have reviewed the attached charges and allied papers in the case of PV2 Emmett G. Lancaster, , Company B, 3 rd Battalion, 3 rd Armor, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana , and render this advice in accordance with the provisions of Article 34, UCMJ, and R.C.M. 406, MCM, United States (2008 Edition). 2. Legal Conclusions. After reviewing the attached charge and allied papers, I have reached the following legal conclusions: a. The charge and specifications allege offenses under the UCMJ. b. There is court-martial jurisdiction over the accused and the offenses. c. The allegations in the charges and specifications are warranted by the evidence contained in the attached charges and allied papers. 3. Staff Judge Advocate s Recommendation: I recommend that the charged offenses be tried by General Court-Martial and the case be referred to trial by Court-Martial Convening Order Number 14, Headquarters, 54th Infantry Division (Mechanized) dated 11 April Encls THOMAS LANDRY 1. Charge Sheet w/allied Documents COL, JA 2. COC Transmittal Memoranda Staff Judge Advocate 3. Article 32 Investigation 4. CMCO 14 B-10

38 AJJ-JA SUBJECT: Advice on Disposition of Court-Martial Charges - PV2 LANCASTER, Emmett G. DIRECTION OF THE CONVENING AUTHORITY All recommendations of the Staff Judge Advocate are approved/disapproved. JAMES R. FRANKLIN Major General, USA Commanding 2 B-10

39 12. On, 20 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.) Typed Name of Immediate Commander Organization of Immediate Commander Grade 13. Signature IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY The sworn charges were received at hours, 20 at Designation of Command or Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403) FOR THE 1 Typed Name of Officer Official Capacity of Officer Signing Grade Signature V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY HQs, 3 rd Bn, 3 rd b. PLACE Fort Atterbury, IN AR c. DATE 9 NOV 10 Referred for trial to the Summary court-martial convened by this detail of MAJ Aaron McKenna as a summary court-martial on, 9 November , subject to the following instructions: 2 None. By of 15. Gary E. Pike Typed Name of Officer O5 Grade Gary E. Pike Signature Commanding Official Capacity of Officer Signing On 9 November,20 10,I (caused to be) served a copy hereof on (each of) the above named accused. Tyronius Law Typed Name of Trial Counsel Tyronius Law CPT 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-11a

40 12. On, 20 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.) Typed Name of Immediate Commander Organization of Immediate Commander Grade 13. Signature IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY The sworn charges were received at hours, 20 at Designation of Command or Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403) FOR THE 1 Typed Name of Officer Official Capacity of Officer Signing Grade Signature V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY HQs, 3rd Bde, 54 th b. PLACE Fort Atterbury, IN ID (M) c. DATE 10 NOV 10 Referred for trial to the Special court-martial convened by court-martial convening order # 1, dated, 13 June , subject to the following instructions: 2 None. By of 15. Frank R. Myers Typed Name of Officer O6 Grade Frank R. Myers Signature Commanding Official Capacity of Officer Signing On 10 November,20 10,I (caused to be) served a copy hereof on (each of) the above named accused. Tyronius Law Typed Name of Trial Counsel Tyronius Law CPT 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-11b

41 12. On, 20 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.) Typed Name of Immediate Commander Organization of Immediate Commander Grade 13. Signature IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY The sworn charges were received at hours, 20 at Designation of Command or Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403) FOR THE 1 Typed Name of Officer Official Capacity of Officer Signing Grade Signature V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY HQs, 54 th b. PLACE Fort Atterbury, IN ID (M) c. DATE 15 NOV 10 Referred for trial to the General court-martial convened by court-martial convening order # 2, dated, 2 June , subject to the following instructions: 2 This case is to be tried as a non-capital case. By Command of Major General James R. Franklin 15. Wade Jones Typed Name of Officer E8 Grade Wade Jones Signature Military Justice NCOIC Official Capacity of Officer Signing On 15 November,20 10,I (caused to be) served a copy hereof on (each of) the above named accused. Tyronius Law Typed Name of Trial Counsel Tyronius Law CPT 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-11c

42 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY 3 RD BATTALION, 3 RD ARMOR 3 RD BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC 10 November 2010 MEMORANDUM FOR Major Aaron McKenna, Headquarters and Headquarters Company, 3rd Battalion, 3 rd Armor, Fort Atterbury, Indiana SUBJECT: Appointment of Summary Court-Martial Officer 1. You are hereby appointed to conduct a Summary Court-Martial pursuant to DA PAM 27-7, against Private First Class Jacob M. Lopez, Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana. This is a serious responsibility requiring a dedicated professional effort. It is your primary duty until the court-martial is completed and forwarded. 2. To ensure compliance with the guarantee of speedy trial, you will, unless an exception is granted in writing by the appointing authority, complete your investigation and submit your report within 72 hours of receipt of this appointment order. Your investigation will be conducted IAW the procedural guide DA PAM All matters considered will be in the presence of the accused. 3. A verbatim record of the summary court is not required. A paralegal specialist or paralegal NCO will be available to assist you as recorder and provide you with clerical assistance. 4. You will have an opportunity to meet with an administrative law attorney regarding any questions. Contact the Administrative Law Office at the Office of the Staff Judge Advocate, 54 th Infantry Division (Mechanized) to make an appointment. GARY E. PIKE LTC, AR Commanding B-12

43 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY 3 RD BATTALION, 3 RD ARMOR 3 RD BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC-CH 10 November 2010 MEMORANDUM FOR Private First Class Jacob M. Lopez, Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana SUBJECT: Summary Court-Martial Proceedings - United States vs. Private First Class Jacob M. Lopez 1. At 0900 hours, on 15 November 2010, at building 3, I will conduct a Summary Court- Martial hearing to judge the facts and circumstances concerning the charges preferred against you by CPT Anderson. The charges are that you were absent without leave (AWOL) and that you failed to report, both in violation of Article 86, UCMJ, and drunk and disorderly conduct in violation of Article 134, UCMJ. Contact Trial Defense Service immediately to consult with an attorney. The uniform is the Army Combat Uniform. 2. You will be present for the Summary Court-Martial. Additionally, you have the right to be represented at all times during this investigation by legally qualified counsel. Such counsel may be a civilian lawyer of your choice, provided at no expense to the United States, a qualified military lawyer of your own selection, if reasonable available, or a qualified military counsel detailed by the officer exercising General Court-Martial jurisdiction over the command. There is no cost to you for military counsel. You also have the right to waive representation by counsel. 3. The names of the witnesses and evidence known to me, who will be asked to testify or will be present at the hearing are: a. CPT Thomas R. Anderson, Commander, Company A, 3 rd Battalion, 3 rd Armor b. SFC Leeroy Jenkins, Platoon Sergeant, Company A, 3 rd Battalion, 3 rd Armor c. SGT Jason J. Wood, Company A, 3 rd Battalion, 3 rd Armor d. Military Police Report e. Sworn Statements B-12

44 AJJ-BC-CH SUBJECT: Summary Court-Martial Proceedings - United States vs. Private First Class Jacob M. Lopez 4. As a summary court-martial officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send me names and addresses of such witnesses not later than 1600 hours, 12 November The 3 rd Brigade, 54 th Infantry Division (Mechanized) legal office or myself must receive the request. AARON McKENNA MAJ, AR Summary Court-Martial Officer ACKNOWLEDGEMENT I hereby acknowledge receipt of the Summary Court-Martial notification on 2010, at hours. JACOB J. LOPEZ PFC, USA Accused 2 B-12

45 B-12

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

47 1a. NAME OF ACCUSED (Last, First, MI ) Lopez, Jacob M. 2a. NAME OF CONVENING AUTHORITY (Last, First, MI) Pike, Gary E. 3a. NAME OF SUMMARY COURT-MARTIAL (If SCM was accuser, so state.) McKenna, Aaron RECORD OF TRIAL BY SUMMARY COURT-MARTIAL c. UNIT OR ORGANIZATION OF ACCUSED Co A, 3 rd Bn, 3 rd AR, Fort Atterbury, IN b. GRADE OR RANK PFC b. RANK LTC b. RANK MAJ c. POSITION Commander d. SSN d. ORGANIZATION OF CONVENING AUTHORITY HQs, 3 rd Bn, 3 rd AR, 54 th ID (M), Fort Atterbury, IN c. UNIT OR ORGANIZATION OF SUMMARY COURT-MARTIAL HHC, 3 rd Bn, 3 rd AR, Fort Atterbury, IN (Check appropriate answer) YES NO 4. At a preliminary proceeding held on 15 November, the summary court-martial gave the X accused a copy of the charge sheet. 5. At a preliminary proceeding the summary court-martial informed the accused of the following: a. The fact that the charge(s) had been referred to a summary court-martial for trial and the date of referral. X b. The identity of the convening authority. X c. The name(s) of the accuser(s). X d. The general nature of the charge(s). X e. The accused s right to object to trial by summary court-martial. X f. The accused s right to inspect the allied papers and immediately available personnel records. X g. The names of the witnesses who could be called to testify and any documents or physical evidence which the summary court-martial expected to introduce into evidence. h. The accused s right to cross-examine witnesses and have the summary court-martial cross-martial cross-examine on behalf of the accused. i. The accused s right to call witnesses and procduce evidence with the assistance of the summary court-martial if necessary. j. That during the trial the the summary court-martial would not consider any matters, including statements previuosly made by the accused to the summary court-martial, unless admitted in accordance with the Military Rules of Evidence. k. The accused s right to testify on the merits or to remain silent, with the assurance that no adverse inference would be drawn by the summary court-martial from such silence. l. If any findings of guilty were announced, the accused s right to remain silent, to make an unsworn statement, oral or written, or both, and to testify and to introduce evidence in extenuation or mitigation. X m. The maximum sentence which could be adjudged if the accussed was fund guilty of the offense(s) alleged. X n. The accused s right to plead guilty or not guilty. X 6. At the trial proceeding held on 15 November 20 10, the accused, after being given a reasonable time to decide, did X did not object to trial by summary court-martial. JML (Note: The SCM may ask the accused to imitial this entry at the time the election is made.) (Initial) 7a. The accused was X was not represented by counsel. (If the accused was represented by counsel, complete b, c, and d below.) X X X X X b. NAME OF COUNSEL (Last, First, MI) c. RANK (If any) d. COUNSEL QUALIFICATIONS DD Form 2329, AUG 84 B-12

48 8. The accused was arraigned on the attached charge(s) and specification(s). The accused s pleas and findings reached are shown below: CHARGE(S) AND SPECIFICATION(S) PLEA(S) FINDINGS (Including any exceptions and substitutions) Charge I: Article 86. Guilty. Guilty. Specification 1: Unauthorized absence from unit from 2 OCT 10 to 30 OCT 10. Specification 2: Failure to go to appointed place of duty, 0730 formation on 2 NOV 10. Guilty, except the figure "30", substituting therefore the figure "29"; to the excepted figure, Not Guilty, to the substituted figure, Guilty. Guilty. Guilty, except the figure "30",substituting therefore the figure "29"; to the excepted figure, Not Guilty, to the substituted figure, Guilty. Guilty. Charge II: Article 134. Not Guilty. Guilty. Specification: Drunk and disorderly on 27 SEP 10, which conduct was of a nature to bring discredit upon the armed forces. Not Guilty. Guilty. 9. The following sentence was adjudged: To forfeit $300.00; and to be restricted to the limits of Fort Atterbury, IN for two months. 10. The accused was advised of the right to request that confinement be deferred. (Note: When confinement is adjudged.) 11. The accused was advised of the right to submit written matters to the convening authority, including a request for clemency, and of the right to request review by the Judge Advocate General. YES NA NO X Y ES NO 12. AUTHENTICATION Aaron McKenna 15 November 2010 Signature of Summary Court-Martial Date 13. ACTION BY CONVENING AUTHORITY The sentence is approved and will be executed. Gary E. Pike Typed Name of Convening Authority Commanding Position of Convening Authority LTC Rank Gary E. Pike 19 November 2010 Signature of Convening Authority Date DD Form 2329 Reverse, AUG 84 B-12

49 UNITED STATES v. JACOB J. LOPEZ I understand that I may submit matters under the provisions of R.C.M. 1105, MCM 2008, within seven days of punishment. I further understand that submissions not made under the provisions of R.C.M. 1105, MCM, shall be deemed a waiver of the right to submit additional matters, unless the right to submit additional matters not within the prescribed time limits is expressly reserved in writing. DATE: JACOB J. LOPEZ I expressly waive the right to submit matters under the provisions of R.C.M. 1105, MCM I understand this waiver may not be withdrawn. DATE: JACOB J. LOPEZ B-12

50 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Prepare a Summarization of Testimony/Proceedings 1. Summarization is defined as a comprehensive and brief abstract or recapitulation of previously stated statements. 2. A verbatim transcript is a word-for-word written, or typewritten, documentation of a recording. In essence, a verbatim transcript includes every word said by everyone during the recorded sessions. 3. A verbatim transcript can only be produced by a sworn and certified Court Reporter. 4. Standard Stock Entry 5. The Trial Counsel always swears in the witness. 6. Rank, full name, and service affiliation. 7. Direct Examination, Cross-Examination, Redirect Examination, Recross-Examination, Examination by the Court-Martial/Investigation/Hearing. 8. Permanently and Temporarily. 9. Arabic Numerals, i.e. 1, 2, 3, etc. 10. Capital Case Alphabetical Markings, i.e. A, B, C, etc. 11. Roman Numerals, i.e. I, II, III, etc. 12. Counsel requests that a document or item to be marked as evidence. 13. An adjournment is when the trial has concluded in its entirety. Appendix B B-13

51 Court-Martial Convening Order Number 86 was the last of a series for 2010 DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA SPECIAL COURT-MARTIAL CONVENING ORDER 13 JAN 11 NUMBER 1 A special court-martial is convened with the following members: MAJ BARNEY M. DUKE, , QM, HHC, 354 th BSB MAJ BOB L. PRESLEY, , AR, HHC, 3 rd BDE CPT PAUL D. LAWRENCE, , AR, Co C, 2 nd Bn, 3 rd AR CPT TIM L. DAISEY, , AG, HHC, 3 rd Bn, 12th IN 1LT FRED FLINT, , IN, Co A, 3 rd Bn, 12th IN FRANK R. MEYERS COL, AR Commanding B-14a

52 DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BRIGADE 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA SPECIAL COURT-MARTIAL CONVENING ORDER 31 MAY 11 NUMBER 2 1LT Bob L. Castor, , AR, Co. C, 3 rd Bn, 3 rd AR, is detailed to the special courtmartial convened by Court-Martial Convening Order Number 1, this Headquarters, dated 13 January 2011, vice CPT Tim L. Daisey, , AG, HHC, 3 rd Bn, 12 th IN, relieved for the case of SPC John M. Patrick, , Co A, 3 rd Bn, 12 th IN, only. BY THE ORDER OF COLONEL MYERS: DISTRIBUTION: 1LT Castor (1) CPT Daisey (1) Cdr, 54 th IN Div (Mech)(SJA)(1) Record of Trial (1) Record Set (1) Reference Set (1) TRACY H. SHARPE CPT, AG Adjutant B 14b

53 Soldier s Training Manual Paralegal Specialist (27D) PS Form FRONT B-15 Appendix B

54 Soldier s Training Manual Paralegal Specialist (27D) PS Form BACK B-15 Appendix B

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56 B-16

57 Standard Form 1157 (Rev. 4-80) Department of the Treasury 1 TFRM General Information ADVANCE TRAVEL ALLOWANCE CLAIMS FOR WITNESS ATTENDANCE FEES, TRAVEL, AND MISCELLANEOUS EXPENSES PART I - ATTENDANCE CERTIFICATION a. Witness Name Mr. Marion Newman d. Case Name US v. McKnabb b. Witness Address e. Case N/A Number Street 529 Cowboy Way f. District or Location Fort Atterbury, IN Arlington State TX Zip City c. U.S. Citizen: Yes (X) No ( ) Alien: Legal ( ) Illegal ( ) Previous editions obsolete NSN Travel and Attendance Information NA a. Dates of Travel From Residence to Case Location: From To b. Dates of Travel From Case Location to Residence: From To c. Dates of Attendance: From To 3. Certification I certify that the witness named above attended in the case or matter indicated and is entitled to the statutory allowances for attendance and travel. In the proceeding before United States Magistrate where more than four witnesses were called, the Magistrate also certifies that the approval and certificate of the U.S. Attorney were first obtained. TYRONIUS LAW, CPT, Trial Counsel 7 FEB 11 (Signature) (Title) (Date) PART II - WITNESS CLAIM FOR FEES AND ALLOWANCES Rate No. of Days Amount Claimed Totals 1. Attendance Fees Paid a. Fact, Pretrial Conference & Detained Witness $ $90.00 Total Attendance Fees $ Mileage Allowance (Indicate type of privately owned vehicle: (auto) (motorcycle) (airplane) Rate No. of Miles Amount Claimed Paid a. From Residence to Case Location (and Return) $ $ b. From Hotel/Motel to Court (or Court to Hotel/Motel) N/A N/A N/A Total Mileage Allowance $ Subsistence Per Diem Rate: or HRGA Rate: (HRGA: High Rate Geological Area) Rate No. of Days Amount Claimed a. Meals b. Lodging Total Subsistence Allowance 4. Miscellaneous Allowances (See Item 8 Below) Amount Claimed a. Common Carrier b. Parking Fees, Tolls, Taxi Fares Total Miscellaneous Allowances NONE 5. Total Amount Claimed (Items 1-4, Part II) Paid $1, Less Outstanding Check or Cash Advances N/A 7. Net Amount Claimed by Witness Paid to witness $1, Use this space to itemize your expenses from Item 4, Part II above. Receipts are required for all common carrier and parking fees, and for all other single items in excess of $ Paid by Check No. NA Paid by Cash $ (Signature of Payee) (Date) 9. Witness Certification I certify the above data is correct and that payment has not been received, and that at the time of travel and attendance I (was) (was not) a U.S. Government employee and I (was) (was not) a citizen of the United States. (If not a citizen, present your Alien Registration Record with this form.) I (did) (did not) receive a Government Transportation Request to pay for my official travel. ADVANCE TRAVEL ALLOWANCES (Signature) (Date) NONE B-17a

58 Standard Form 1156 SEPTEMBER TREASURY FRM EXCEPTION TO SF 1156 APPPROVED BY NARS 5/8/70. PUBLIC VOUCHER FOR FEES AND MILEAGE OF WITNESSES Voucher No. Schedule No. _ Case No. U.S. DEPARTMENT OF THE ARMY PAID BY (Department, Bureau, or Establishment) The UNITED STATES, Dr. To payees whose claims are attached hereto, for travel made, services rendered, and /or per diem in lieu of subsistence as witnesses for the United States before the General Court-Martial (Name of court or board) at Fort Atterbury, Indiana (Location) during the period from 12 February 2011 to 12 February, in the case of US v. McKnabb SUMMARY OF PAYMENTS To one payee(s) listed on one sheet(s): Total amount of voucher, $ 1, I certify that this voucher, consisting of one sheet(s), is correct and proper for payment in the amount of $ 1, (Authorized certifying officer) 7 February 2011 TYRONIUS LAW, CPT, JA Trial Counsel (Date) (Title) ACCOUNTING CLASSIFICATION P S09419 ( N00013) JAG 69 Paid by check(s) or by cash, as noted on the attached sheets. B-17a

59 Standard Form 1157 (Rev. 4-80) Department of the Treasury 1 TFRM General Information CLAIMS FOR WITNESS ATTENDANCE FEES, TRAVEL, AND MISCELLANEOUS EXPENSES PART I - ATTENDANCE CERTIFICATION a. Witness Name Mr. Marion Newman d. Case Name US v. McKnabb b. Witness Address e. Case N/A Number Street 529 Cowboy Way f. District or Fort Atterbury, IN Location Arlington State TX Zip City c. U.S. Citizen: Yes (X) No ( ) Alien: Legal ( ) Illegal ( ) Previous editions obsolete NSN Travel and Attendance Information NA a. Dates of Travel From Residence to Case Location: From 11 February 2011 To 11 February 2011 b. Dates of Travel From Case Location to Residence: From 13 February 2011 To 13 February 2011 c. Dates of Attendance: From 11 February 2011 To 12 February Certification I certify that the witness named above attended in the case or matter indicated and is entitled to the statutory allowances for attendance and travel. In the proceeding before United States Magistrate where more than four witnesses were called, the Magistrate also certifies that the approval and certificate of the U.S. Attorney were first obtained. TYRONIUS LAW, CPT, Trial Counsel 13 FEB 11 (Signature) (Title) (Date) PART II - WITNESS CLAIM FOR FEES AND ALLOWANCES 1. Attendance Fees Rate No. of Days Amount Claimed Totals a. Fact, Pretrial Conference & Detained Witness $ $90.00 Total Attendance Fees $ Mileage Allowance (Indicate type of privately owned vehicle: (auto) (motorcycle) (airplane) Rate No. of Miles Amount Claimed a. From Residence to Case Location (and Return) $ $ b. From Hotel/Motel to Court (or Court to Hotel/Motel) $ $10.00 Total Mileage Allowance $ Subsistence Per Diem Rate: or HRGA Rate: (HRGA: High Rate Geological Area) Rate No. of Days Amount Claimed a. Meals $ $90.00 b. Lodging $ $65.00 Total Subsistence Allowance $ Miscellaneous Allowances (See Item 8 Below) Amount Claimed a. Common Carrier N/A b. Parking Fees, Tolls, Taxi Fares $5.00 Total Miscellaneous Allowances $ Total Amount Claimed (Items 1-4, Part II) $1, Less Outstanding Check or Cash Advances $1, Net Amount Claimed by Witness $ Use this space to itemize your expenses from Item 4, Part II above. Receipts are required for all common carrier and parking fees, and for all other single items in excess of $ Paid by Check No. Parking Fee at Residence Inn hotel in Indianapolis, IN receipt attached Paid by Cash $ (Signature of Payee) (Date) 9. Witness Certification I certify the above data is correct and that payment has not been received, and that at the time of travel and attendance I (was) (was not) a U.S. Government employee and I (was) (was not) a citizen of the United States. (If not a citizen, present your Alien Registration Record with this form.) I (did) (did not) receive a Government Transportation Request to pay for my official travel. (Signature) 13 FEB 10 (Date) B-17b

60 Standard Form 1156 SEPTEMBER TREASURY FRM EXCEPTION TO SF 1156 APPPROVED BY NARS 5/8/70. PUBLIC VOUCHER FOR FEES AND MILEAGE OF WITNESSES Voucher No. Schedule No. _ Case No. U.S. DEPARTMENT OF THE ARMY PAID BY (Department, Bureau, or Establishment) The UNITED STATES, Dr. To payees whose claims are attached hereto, for travel made, services rendered, and /or per diem in lieu of subsistence as witnesses for the United States before the General Court-Martial (Name of court or board) at Fort Atterbury, Indiana (Location) during the period from 11 February 2011 to 13 February, in the case of US v. McKnabb SUMMARY OF PAYMENTS To one payee(s) listed on one sheet(s): Total amount of voucher, $ I certify that this voucher, consisting of one sheet(s), is correct and proper for payment in the amount of $ (Authorized certifying officer) 13 February 2004 TOM BRADY, CPT, JA, Trial Counsel (Date) (Title) ACCOUNTING CLASSIFICATION P S09419 ( N00013) JAG 69 Paid by check(s) or by cash, as noted on the attached sheets. B-17b

61 UNITED STATES ) ) v. ) ) FINDINGS WORKSHEET ) SPC JERRY J. PHILLIPS ) , ) U.S. ARMY ) CO C, 3 RD BN, 3 RD AR ) 54 th IN DIV (M) ) FORT ATTERBURY, IN ) 18 October 2010 ********************************************************************************************************** Specialist Jerry J. Phillips, this court-martial finds you: I. Full Acquittal or Full Conviction Of (the) (all) Charge(s) and (its) (their) Specification(s): (Not Guilty) (Guilty) II. Mixed Findings Of Charge I and its Specifications: (Not Guilty) (Guilty) or Of Specification 1 of Charge I: (Not Guilty) (Guilty) Of Specification 2 of Charge I: (Not Guilty) (Guilty) Of Charge I: Guilty Of Charge II and its Specifications: (Not Guilty) (Guilty) or Of Specification 1 of Charge II: (Not Guilty) (Guilty) Of Specification 2 of Charge II: (Not Guilty) (Guilty) Of Charge II: Guilty Of Charge III and its Specification: (Not Guilty) (Guilty) or Of the Specification of Charge III: (Not Guilty) (Guilty) Of Charge III: Guilty B - 18 (Signature of President)

62 UNITED STATES ) ) v. ) ) SENTENCE WORKSHEET ) SPC JERRY J. PHILLIPS ) , ) U.S. ARMY ) CO C, 3 RD BN, 3 RD AR ) 54 th IN DIV (M) ) FORT ATTERBURY, IN ) 18 October 2010 ********************************************************************************************************** Specialist Jerry J. Phillips, this court-martial sentences you: 1. To no punishment. 2. To be reprimanded. 3. To be reduced to the grade of. 4. To pay the United States a fine of $ (and to serve (additional) confinement of (days) (months) if the fine is not paid). 5. To forfeit $ pay per month for month(s). (Maximum two-thirds pay per month for a maximum of 12 months) 6. To be restricted for (days) (months) to the limits of: 7. To perform hard labor without confinement for (days) (months). 8. To be confined for (days) (month(s)) (year). (Maximum 12 months) 9. To be discharged from the service with a Bad-Conduct Discharge. (Signature of President) B - 19

63 UNITED STATES ) ) v. ) ) OFFER TO PLEAD GUILTY SSG ANTHONY R. STAUBACH ) ) U.S. ARMY ) CO B, 3 RD BN, 3 RD AR ) FORT ATTERBURY, IN ) 18 October 2010 ******************************************************************************************************** 1. I, Staff Sergeant Anthony R. Staubach, promise to plead as follows in reference to the charges preferred against me by CPT William E. Latone, Jr. on 15 October 2010: a. To Charge I and its Specifications: Guilty. b. To Charge II and its Specification: Not Guilty. c. To Specification 1 and 2 of Charge III: Guilty. To Specification 3 of Charge III: Guilty, except the words in the stomach substituting therefor the words in the shoulder. To the excepted words: Not Guilty; To the substituted words: Guilty. To Charge III: Guilty. d. To Specification 1, 2, and 3 of Charge IV: Guilty. To Specification 4 of Charge IV: Not Guilty. To Charge IV: Guilty. 2. I further offer to do the following: a. Waive an investigation under Article 32, UCMJ. b. Request trial by Military Judge alone. c. Enter into a written stipulation with the Trial Counsel as to the facts and circumstances directly relating to or resulting from the offenses for which I am pleading guilty and further agree that this stipulation may be used to inform the members of the court or the Military Judge, if tried by Military Judge alone, of matters pertinent to appropriate findings and sentence. 3. In exchange for this offer to plead guilty the convening authority will take the action specified in the enclosure. 4. In return for my pleas of guilt, the convening authority agrees to withdraw Charge II and its Specification. The convening authority also agrees to have Specification 3 of Charge III changed to include the language in the shoulder in exchange for the words in the stomach. The convening authority also agrees to withdraw Specification 4 of Charge IV. 5. The convening authority agrees to refer this case to a Special Court-Martial. B - 20

64 6. I understand my rights as described in the MCM, R.C.M. 705, as to the nature of my rights to counsel, due process, ability to challenge the jurisdiction of the court, speedy trial, complete sentencing proceedings, and effective exercise of post-trial and appellate rights. I have been counseled by my attorney as to these rights and to the effects of my offer to plead guilty. 7. I am entering into this agreement of my own free will. ANTHONY R. STAUBACH SSG, USA Accused JONATHAN PUBLIC CPT, JA Defense Counsel The offer listed above is accepted/rejected. JAMES R. FRANKLIN Major General, USA Commanding B - 20

65 UNITED STATES ) ) v. ) ) ENCLOSURE TO THE OFFER TO ) PLEAD GUILTY SSG ANTHONY R. STAUBACH ) ) U.S. ARMY ) CO B, 3 RD BN, 3 RD AR ) FORT ATTERBURY, IN ) 18 October 2010 ******************************************************************************************************** In exchange for my pleas of guilt the convening authority agrees to disapprove any sentence to confinement in excess of seven months. Any other lawful punishment may be approved. ANTHONY R. STAUBACH SSG, USA Accused JONATHAN PUBLIC CPT, JA Defense Counsel The offer listed above is accepted/rejected. JAMES R. FRANKLIN Major General, USA Commanding B - 20

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67 UNITED STATES ) ) v. ) ) STIPULATION OF FACT ) SSG ANTHONY R. STAUBACH ) ) U.S. ARMY ) CO B, 3 RD BN, 3 RD AR ) FORT ATTERBURY, IN ) 17 OCTOBER 2010 ******************************************************************************************************* It is hereby agreed between the Trial Counsel and Defense Counsel, with the express agreement of the accused, that the following facts are true and admissible at the court-martial of SSG Anthony R. Staubach, regardless of any Rule for Court-Martial or Military Rule of Evidence which might otherwise make such evidence inadmissible: 1. During the afternoon of 13 October 2004, MAJ Roy Williams encountered the accused and Mrs. Sarah Parsons having lunch together in the food court of the PX. MAJ Williams had given the accused a no contact order regarding Mrs. Parsons on 2 October MAJ Williams approached the accused and told him to report immediately to the Battalion Headquarters. The accused then rose from his seat and punched MAJ Williams in the face with a closed fist. The accused was embarrassed and upset about the encounter. 2. On the evening of 12 October 2010, the accused was at the on-post residence of Mrs. Sarah Parsons. They had both been drinking Jack Daniel s and at approximately 2100 hours Mrs. Parsons told the accused that he was a worthless man. The accused became upset and hit Mrs. Parsons on top of the head with a running style sports shoe. Mrs. Parsons then began to yell loudly at the accused; at this point the accused picked up a plastic style baseball ball bat and hit her across the front portion of her left leg. Mrs. Parsons began yelling louder and was berating the accused. SSG Staubach then punched Mrs. Parsons in the right shoulder with his closed fist. The neighbors had called the MPs and they arrived shortly thereafter. 3. On the afternoon of 10 October 2010, the accused had been drinking heavily in his onpost quarters at Fort Atterbury, Indiana. At approximately 1545 hours, the accused was looking out the window of his quarters when he saw his neighbor s wife, Mrs. Christina Marshall, walk by. She gave him a dirty look and then the accused turned around and exposed his buttocks to Mrs. Marshall. B-21

68 4. On 14 October 2010, Company B, 3 rd Battalion, 3 rd Armor, was conducting a forced 12- mile road march on Fort Atterbury, Indiana. The accused was intentionally not keeping up or staying with the unit because he felt the chain of command was being unfair to him in regards to his various other disciplinary problems. The accused s intent was to remain away from his unit and to upset his chain of command. 5. On 14 October 2010, after returning from a unit road march, the accused noticed Mrs. Sarah Parsons talking with her husband in the food court at the PX on Fort Atterbury. The accused then proceeded to use his cell phone to call the Provost Marshall s Office and tell them he had put an improvised explosive device at the PX and that he was going to blow the place up. The accused was jealous to see Mrs. Parsons talking with her husband and wanted to break up the conversation. The accused figured that the MPs would come and clear out the PX. 6. At all times during the commission of the above offenses the accused was on active duty with the U.S. Army. ANTHONY R. STAUBACH SSG, USA Accused JONATHAN PUBLIC CPT, JA Defense Counsel TYRONIUS LAW CPT, JA Trial Counsel B-21

69 Data Required by the Privacy Act of 1974 AUTHORITY: Section 301, title 5 United States Code and section 3013, title 10, United States Code. PURPOSE: To be used by the commander exercising general court-martial jurisdiction over you to determine approval or disapproval of your request for discharge in lieu of trial by court-martial. ROUTINE USES: Request, with appropriate documentation, including the decision of the discharge authority, will be filed in the MPRJ as permanent material and disposed of in accordance with AR and may be used by other appropriate Federal agencies and State and local governmental activities where use of the information is compatible with the purpose for which the information was collected. Submission of a request for discharge is voluntary. Failure to provide all or a portion of the requested information may result in your request being disapproved. 27 September 2010 SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial, Specialist John B. Buzzworthy, , Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana TO Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana I hereby voluntarily request discharge in lieu of trial by court-martial under AR , Chapter 10. I understand that I may request discharge in lieu of trial by court-martial because of the following charges that have been preferred against me under the Uniform Code of Military Justice, each of which authorizes the imposition of a bad-conduct or dishonorable discharge: wrongful distribution of a controlled substance to wit: cocaine on 21 June 2010, in violation of Article 112a; AWOL from 19 June 2010 to 26 July 2010, in violation of Article I am making this request of my own free will and have not been subjected to any coercion whatsoever by any person. I have been advised of the implications that are attached to it. By submitting this request for discharge, I acknowledge that I understand the elements of the offenses charged and I am guilty of the charges against me or of a lesser included offense therein contained that also authorizes the imposition of a badconduct or dishonorable discharge. Moreover, I hereby state that under no circumstances do I desire further rehabilitation, for I have no desire to perform further military service. 3. Prior to completing this form, I was afforded the opportunity to consult with appointed counsel for consultation. Although I have been advised to see consulting counsel, I persist willfully in my refusal to see him/her. B-22

70 4. I understand that if my request for discharge is accepted, I may be discharged under conditions other than honorable. I have been advised and understand the possible effects of an Under Other Than Honorable Conditions Discharge and that as a result of the issuance of such a discharge I will be deprived of many or all Army benefits, that I may be ineligible for many or all benefits administered by the Department of Veterans Affairs, and that I may be deprived of my rights and benefits as a veteran under both Federal and State law. I also understand that I may expect to encounter substantial prejudice in civilian life because of an Under Other Than Honorable Conditions discharge. I further understand that there is no automatic upgrading or review by any Government agency of a less than honorable discharge and that I must apply to the Army Discharge Review Board or the Army Board for Correction of Military Records if I wish review of my discharge. I realize that the act of consideration by either board does not imply that my discharge will be upgraded. 5. I understand that once my request for discharge is submitted, it may be withdrawn only with consent of the commander exercising general court-martial convening authority or without that commander s consent in the event trial results in an acquittal or the sentence does not include a punitive discharge even though one could have been adjudged by the court. Further, I understand that if I am absent without leave, this request may be processed, and I may be discharged even though I am absent. 6. I have been advised that I may submit any statements I desire in my own behalf, which will accompany my request for discharge. Statements in my own behalf are not submitted with this request. 7. I hereby acknowledge receipt of a copy of this request for discharge and of all enclosures submitted herewith. JOHN B. BUZZWORTHY SPC, USA B-22

71 REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY COMPANY A, 3 RD BATTALION, 3 RD ARMOR FORT ATTERBURY, INDIANA AJJ-BC-CA MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Request for Discharge in Lieu of Court-Martial Specialist Buzzworthy, John B., , Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana I recommend that the request for discharge in lieu of court-martial, submitted by SPC Buzzworthy, be: [ ] Approved, and SPC Buzzworthy receive an Honorable Discharge. [ ] Approved, and SPC Buzzworthy receive a General Discharge. [ ] Approved, and SPC Buzzworthy receive an Other Than Honorable Discharge. [ ] Disapproved. 2. My recommendation is based on the following reason(s): 3 Encls ROGER A. CARMEL 1. Request for Discharge CPT, AR in Lieu of Court-Martial Commanding 2. Charge Sheet w/allied Documents 3. ERB B-22

72 DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BATTALION, 3 RD ARMOR 3 RD BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA REPLY TO ATTENTION OF: AJJ-BC-C MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Request for Discharge in Lieu of Court-Martial Specialist Buzzworthy, John B., , Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana I recommend that the request for discharge in lieu of court-martial, submitted by SPC Buzzworthy, be: [ ] Approved, and SPC Buzzworthy receive an Honorable Discharge. [ ] Approved, and SPC Buzzworthy receive a General Discharge. [ ] Approved, and SPC Buzzworthy receive an Other Than Honorable Discharge. [ ] Disapproved. 2. My recommendation is based on the following reason(s): 3 Encls GARY E. PIKE nc LTC, AR Commanding B-22

73 DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BRIGADE 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA REPLY TO ATTENTION OF: AJJ-BC MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Request for Discharge in Lieu of Court-Martial Specialist Buzzworthy, John B., , Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana I recommend that the request for discharge in lieu of court-martial, submitted by SPC Buzzworthy, be: [ ] Approved, and SPC Buzzworthy receive an Honorable Discharge. [ ] Approved, and SPC Buzzworthy receive a General Discharge. [ ] Approved, and SPC Buzzworthy receive an Other Than Honorable Discharge. [ ] Disapproved. 2. My recommendation is based on the following reason(s): 3 Encls FRANK R. MYERS nc COL, AR Commanding B-22

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81 UNITED STATES ) ) v. ) ) CERTIFICATE OF CORRECTION SPECIALIST THEODORE P. MILLER ) U.S. ARMY ) ) Co C, 3 rd Bn, 12 th IN, Fort Atterbury, IN ) ) UNITED STATES ARMY ) 12 MAY 11 ******************************************************************************************************* The record of trial in the above case, which was tried by the General Court-Martial convened by Court-Martial Convening Order Number 2, Headquarters, 54 th Infantry Division (Mechanized), Fort Atterbury, IN, dated 3 November 2010, as amended by Court- Martial Convening Order Number 7, Headquarters, 54 th Infantry Division (Mechanized), Fort Atterbury, IN, dated 14 February 2011, at Fort Atterbury, IN , on 17 March 2011, is corrected by insertion of The detailed reporter was sworn., on page 11, immediately following line 3. This correction is made because the original Record of Trial mistakenly omitted the fact that the detailed reporter had been sworn. Substitute authentication by the Trial Counsel is authorized pursuant to RCM 1104(a)(2)(b). All parties were given notice of this correction and permitted to examine and respond prior to the authentication of this Certificate of Correction. RCM 1104(d) has been complied with. A copy of this Certificate of Correction is being served on the accused by certified mail, return receipt requested, and will be sent for attachment to the record of trial when received. TYRONIUS LAW CPT, JA Trial Counsel B - 26

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83 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 54 TH INFANTRY DIVISION (MECHANIZED) OFFICE OF THE STAFF JUDGE ADVOCATE FORT ATTERBURY, INDIANA AJJ-JA 22 December 2010 MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Recommendation of the Staff Judge Advocate PFC SEPULVEDA, Jamie 1. The Record of Trial by Special Court-Martial in the case of PFC Jamie Sepulveda, , Headquarters and Headquarters Company, 1 st Battalion, 12 th Infantry, Fort Atterbury, Indiana , has been referred to me for a recommendation prior to your action as required by R.C.M. 1106, Manual for Courts-Martial and Article 60(d), UCMJ. 2. PERSONAL DATA: a. HISTORY. DOB: 4 September Marital Status: Single. Dependents: None. Civilian Education: High School Graduate. Military Education: None. b. MILITARY SERVICE. Prior Service: None. BASD: 27 May Current Term: 4 years. Total Creditable Service: Approximately one year and six months at time of trial, adjusted to reflect AWOL time. c. MILITARY BACKGROUND. Awards and Decorations: NDSM, ASR, GWTSM, M16 Rifle Qualification Badge - Marksman. GT SCORE: 113. None. d. PRIOR DISCIPLINARY ACTIONS/CONVICTIONS: Military: None. Civilian: 3. CHARGE: a. Charge, Article 86, Specification: On or about 4 January 2010, without authority, absented himself from his unit, to wit: Headquarters and Headquarters Company, 1 st Battalion, 12 th Infantry, located at Fort Atterbury, Indiana, and did remain so absent until or about 17 October Plea: Guilty. Finding: Guilty. Correct: Yes 4. SENTENCE. a. Date Sentence Adjudged: 28 November B-27

84 AJJ-JA SUBJECT: Recommendation of the Staff Judge Advocate PFC SEPULVEDA, Jamie b. Maximum Possible Sentence: Reduction to Private (E1), forfeiture of twothirds pay per month for 12 months, confinement for 12 months, and a bad-conduct discharge. c. Sentence Adjudged by Military Judge: Reduction to Private (E1); forfeiture of $ pay per month for six months; to be confined for six months; and a bad-conduct discharge. d. Clemency recommended by the military judge: None. e. Pre-trial Agreement: In exchange for the accused s pleas of guilty you agreed to refer this case to a Special Court-Martial and to disapprove any sentence to confinement in excess of five months. 5. CREDIT. a. Days in pretrial confinement: None. b. Administrative credit: None. c. Pre-trial restraint not requiring sentence credit: None. 6. RECOMMENDATION: I recommend that you approve only so much of the sentence as that which provides for confinement for five months, reduction to Private (E1), forfeiture of $ pay per month for six months, and a bad-conduct discharge, and except for the bad-conduct discharge, order the execution of all approved punishments. Encl Record of Trial THOMAS LANDRY COL, JA Staff Judge Advocate B-27

85 ACTION DEPARTMENT OF THE ARMY Headquarters, 54 th Infantry Division (Mechanized) Fort Atterbury, Indiana December 2010 In the case of Private First Class Jamie Sepulveda, , U.S. Army, Headquarters and Headquarters Company, 1 st Battalion, 12 th Infantry, Fort Atterbury, Indiana, only so much of the sentence as provides for confinement for five months, reduction to Private (E1), forfeiture of $ pay per month for six months, and a badconduct discharge is approved and, except for that part of the sentence extending to a bad-conduct discharge, will be executed. JAMES R. FRANKLIN Major General, USA Commanding B-28

86 DEPARTMENT OF THE ARMY HEADQUARTERS, 54TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA SPECIAL COURT-MARTIAL ORDER 23 December 2010 NUMBER 46 PFC Jamie Sepulveda, , Headquarters and Headquarters Company, 1 st Battalion, 12 th Infantry, was arraigned at Fort Atterbury, Indiana, on the following offenses at a Special Court-Martial convened by the Commander, 54th Infantry Division (Mechanized). Charge. Article 86. Plea: Guilty. Finding: Guilty. Specification: Absence from unit from 4 January 2010 until 17 October Guilty. Finding: Guilty. Plea: SENTENCE Sentence adjudged on 28 November Bad-Conduct Discharge, forfeiture of $ pay per month for six months, confinement for six months, and reduction to Private (E1). ACTION Only so much of the sentence as provides for confinement for five months, reduction to Private (E1), forfeiture of $ pay per month for six months, and a bad-conduct discharge is approved, and except for that part of the sentence extending to a badconduct discharge, will be executed BY COMMAND OF MAJOR GENERAL FRANKLIN: DISTRIBUTION: WADE JONES PV1 Sepulveda (1) MSG, USA Military Judge (1) Military Justice NCOIC Trial Counsel (1) Defense Counsel (1) Cdr, Co A, 1 st Bn, 12 th IN (1) Cdr, 1 st Bn, 12 th IN, 1st Bde (1) Cdr, 54th ID (Mech) ATTN: SJA (2) Cdr, 54th ID (Mech) (1) Cdr, ICF, Fort Atterbury, IN (1) MPD, ATTN: Records Section, Fort Atterbury, IN (1) MPD, ATTN: FAO, Fort Atterbury, IN (1) Cdr, USAEREC, ATTN: PCRE-FS (1) Clerk of Court (JALS-CC) (1) Reference Set (1) Record Set (1) B-29

87 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-CG 11 October 2010 MEMORANDUM FOR SGT Jeffrey Lush, Headquarters and Headquarters Company, 1 st Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Administrative Reprimand 1. On 31 October 2010, you were observed by the military police swerving across the center-line of Seminole Road, on Fort Atterbury, Indiana. A traffic stop was initiated and a strong odor of alcohol was detected on your breath. A field sobriety test was administered which you failed. You were taken to the Provost Marshall s Office and administered a breathalyzer test which yielded a result of.135 grams of alcohol per 210 liters of breath. 2. You are hereby reprimanded for your misconduct and for endangering the safety of yourself and other members of this community. By operating a vehicle while under the influence of alcohol, you failed to maintain the standards expected of a noncommissioned officer in the United States Army. Your conduct raises serious doubt about your potential for further service and your moral integrity. 3. This reprimand is imposed under the provisions of AR , and is not punishment under Article 15, UCMJ. I intend to file this reprimand and the attached Military Police Report in your Official Military Personnel File, unless you submit matters that show such filing is unwarranted. You may submit matters in rebuttal to this allegation. You may seek legal assistance from the Fort Atterbury Legal Assistance Office or from civilian counsel at no expense to the Government. Military Police Report # , is included as an enclosure to this reprimand. 4. You will acknowledge this reprimand by signing and dating the prepared acknowledgment. Any matters you wish to submit for my consideration must be submitted through your chain of command within 10 calendar days of the date you received this memorandum. If I do not receive a response from you within the 10-day period, I will assume that you have no matters to submit. Encl as JAMES R. FRANKLIN Major General, U.S. Army Commanding B-30

88 AJJ-BA-HC Date: MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, INDIANA SUBJECT: Administrative Reprimand 1. I have read and understand the unfavorable information presented against me and submit the following statement or documents in my behalf. 2. I have read and understand the unfavorable information presented against me and elect not to make a statement. JEFFREY LUSH SGT, USA B-30

89 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS AND HEADQUARTERS COMPANY 1 ST BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BA-HC MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Administrative Reprimand Filing Determination SGT LUSH, Jeffrey, , Headquarters and Headquarters Company, 1 st Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana I recommend that the administrative reprimand pertaining to SGT Lush, be: [ ] Issued to SGT Lush and not filed. [ ] Filed in the local information personnel files for local filing, to be destroyed after SGT Lush leaves the GCMCA. [ ] Filed permanently in the Official Military Personnel File (OMPF) of SGT Lush 2. My recommendation is based on the following reason(s): 3 Encls JAMES R. THOMAS 1. Administrative Reprimand CPT, IN 2. Acknowledgement Commanding 3. MP Report # B-30

90 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 1 ST BATTALION, 12 TH INFANTRY 1 ST BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BA-A MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Administrative Reprimand Filing Determination SGT LUSH, Jeffrey, , Headquarters and Headquarters Company, 1 st Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana I recommend that the administrative reprimand pertaining to SGT Lush, be: [ ] Issued to SGT Lush and not filed. [ ] Filed in the local information personnel files for local filing, to be destroyed after SGT Lush leaves the GCMCA. [ ] Filed permanently in the Official Military Personnel File (OMPF) of SGT Lush 2. My recommendation is based on the following reason(s): 4 Encls HUGH R. McDERMOTT 1-3. nc LTC, IN Added 1 encl. Commanding 4. Co Cdr Recommendation B-30

91 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 1 ST BRIGADE 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BA MEMORANDUM FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Administrative Reprimand Filing Determination SGT LUSH, Jeffrey, , Headquarters and Headquarters Company, 1 st Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana I recommend that the administrative reprimand pertaining to SGT Lush, be: [ ] Issued to SGT Lush and not filed. [ ] Filed in the local information personnel files for local filing, to be destroyed after SGT Lush leaves the GCMCA. [ ] Filed permanently in the Official Military Personnel File (OMPF) of SGT Lush 2. My recommendation is based on the following reason(s): 5 Encls OSCAR B. JOHNSON 1-4. nc COL, IN Added 1 encl. Commanding 5. Bn Cdr Recommendation B-30

92 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-CG MEMORANDUM THRU Commander, 1 st Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana FOR SGT Jeffrey Lush, Headquarters and Headquarters Company, 1 st Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Administrative Reprimand 1. After considering all matters available, I direct that the enclosed Administrative Reprimand be: Filed in your Official Military Personnel File. Filed in your Local Unit File. Issued to you and not filed. 2. A copy of the Administrative Reprimand with endorsements will be filed in your unit files in accordance with applicable military regulations. JAMES R. FRANKLIN Major General, USA Commanding B-30

93 DEPARTMENT OF THE ARMY COMPANY B, 3 RD BATTALION, 3 RD ARMOR FORT ATTERBURY, INDIANA REPLY TO ATTENTION OF: AJJ-BC-BB MEMORANDUM FOR SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana Under the provisions of AR , Chapter 14-12c(2), I am initiating action to separate you for Misconduct-Abuse of Illegal Drugs. The reasons for my proposed action are: You tested positive for cocaine during a random unit urinalysis on 16 November I am recommending that you receive a General, Under Honorable Conditions characterization of service. My recommendation and your reply will be submitted to the Commander, 3rd Brigade, 54th Infantry Division (Mechanized), who is the separation authority and will make the final decision in your case. 3. The intermediate Commander(s) and the separation authority are not bound by my recommendation as to characterization of service. The separation authority may approve a General, Under Honorable Conditions characterization of service or may recommend that your service be characterized as Honorable or Under Other Than Honorable Conditions or you may receive an Entry-Level Separation (Uncharacterized) if in an entry-level status. If the Commander recommends that you receive an Honorable of Under Other Than Honorable Conditions characterization of service, the Commander, 3 rd Brigade, 54 th Infantry Division (Mechanized) must forward your case to the Commander, 54 th Infantry Division (Mechanized) for final action. 4. If my recommendation is approved, the proposed separation could result in discharge, release from active duty to a Reserve component, or release from custody and control of the Army. 5. You have the right to consult with consulting counsel and/or civilian counsel at no expense to the Government within a reasonable time (not less than 3 duty days). 6. You may submit written statements in your behalf. B-31

94 AJJ-BC-BB SUBJECT: Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana You may obtain copies of documents that will be sent to the separation authority supporting the proposed separation. (Classified documents may be summarized.) 8. You are entitled to a hearing before an administrative board if you have six or more years of active and reserve military service at the time of separation. 9. You may waive the rights listed above in Paragraphs 5, 6, 7, and 8 in writing, and you may withdraw any such waiver at any time prior to the date the separation authority orders, directs, or approves your separation. 10. If entitled to have your case heard by an administrative separation board, you may submit a conditional waiver of that right. 11. You are required to undergo a complete medical examination in accordance with AR This examination was completed on 15 December You are required to undergo a mental status evaluation in accordance with AR This evaluation was completed on 16 December Execute the attached acknowledgment and return it within seven duty days from the date of your receipt of this memorandum. Any statement you desire to submit in your behalf must reach me within seven duty days after you receive this letter, unless you request and receive an extension for good cause shown. Unless an extension is granted, failure to respond within seven duty days will constitute a waiver of the rights in Paragraphs 5, 6, 7, and 8. 5 Encls 1. DA Form 2627, dtd, 15 DEC Medical Exam, dtd, 15 DEC Mental Exam, dtd, 16 DEC DA Form 268, dtd, 15 DEC ERB WILLIAM E. LATONA CPT, AR Commanding PRIVACY ACT STATEMENT ON NEXT PAGE B-31

95 Data Required by the Privacy Act of 1974 (5 USC 552a) AUTHORITY: 5 USC 301 and 10 USC PURPOSE: Information provided is used by processing activities and the approval authority to determine if the member meets the requirements for recommended separation action. ROUTINE USES: Upon completion of processing actions, the statement is filed in the MPRJ. As long as filed in the MPRJ, this personal information may be used by other appropriate Federal agencies and State and local government authorities where the use of the information is compatible with the purpose for which the information is collected. Release of any information from this form is subject to the restrictions of 42 USC 290dd-2 and 42 USC 290dd-3. Under these statutes and regulations, disclosure of information that would identify the client as an abuser of alcohol or other drugs is authorized within the Armed Forces or those components of the Department of Veterans Affairs furnishing health care to veterans. AR further limits disclosure within the Armed Forces to those individuals having an official need to know (for example, the physician or the client's unit commander). All other disclosures require the written consent of the client except disclosures (1) to medical personnel outside the Armed Forces to the extent necessary to meet a bona fide medical emergency, (2) to qualified personnel conducting scientific research, management for financial audits, or program evaluation, or (3) upon the order of a court of competent jurisdiction. Submission of a statement for consideration is voluntary. If a statement is not submitted, the Army will determine separation or retention based on the available information. B-31

96 DEPARTMENT OF THE ARMY COMPANY B, 3 RD BATTALION, 3 RD ARMOR FORT ATTERBURY, INDIANA REPLY TO ATTENTION OF: AJJ-BC-BB MEMORANDUM FOR Commander, Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Acknowledgment of Receipt of Separation Notice, Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana I acknowledge receipt of the foregoing notice from my Commander that informs me of the basis for the contemplated action to separate me under AR , Chapter 14-12c(2), and of the rights available to me. I have been advised of my right to consult with counsel prior to submitting my Election of Rights. I understand that unless an extension is granted, failure to respond within seven duty days will constitute a waiver of the rights in Paragraphs 5, 6, 7 and 8 of the notice. DATE SIGNED: ANTHONY R. CRUZ SPC, USA Respondent B-31

97 DEPARTMENT OF THE ARMY COMPANY B, 3 RD BATTALION, 3 RD ARMOR FORT ATTERBURY, INDIANA REPLY TO ATTENTION OF: AJJ-BC-BB MEMORANDUM FOR Commander, Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Election of Rights Regarding Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana I have been advised by my consulting counsel of the basis for the contemplated action to separate me for Misconduct-Abuse of Illegal Drugs under AR , Chapter 14-12c(2) and its effects; of the rights available to me; and of the effect of any action taken by me in waiving my rights. I understand that if I have six years of total active and reserve military service at the time of separation, under AR , Chapter 14-12c(2) or I have been notified that I am subject to a characterization of service Under Other Than Honorable Conditions, I am entitled to have my case considered by an administrative separation board. I understand that if I have less than six years of total active and reserve service at the time of separation, I am not entitled to have my case heard by an administrative separation board unless I am being considered under other than honorable conditions. 2. I (request) (waive) consideration of my case by an administrative separation board. 3. I have been advised of my right to submit a conditional waiver of my right to have my case considered by an administrative separation board. 4. I (request) (waive) personal appearance before an administrative separation board. 5. Statements in my own behalf (are) (are not) submitted herewith (Encl ). 6. I (request) (waive) consulting counsel and representation by military counsel (and) (or) civilian counsel at no expense to the Government. 7. I understand that my willful failure to appear before the administrative separation board by absenting myself without leave will constitute a waiver of my rights to personal appearance before the board. B-31

98 AJJ-BC-BB SUBJECT: Election of Rights Regarding Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana I understand that I may expect to encounter substantial prejudice in civilian life if a General, Under Honorable Conditions Discharge is issued to me. I further understand that as the result of issuance of a discharge Under Other Than Honorable Conditions I may be ineligible for many or all benefits as a Veteran under both Federal and State laws and that I may expect to encounter substantial prejudice in civilian life. I understand that if I receive a discharge/character of service that is less than Honorable, I may make an application to the Army Discharge Review Board or the Army Board for Correction of Military Records for upgrading; however, I realize that an act of consideration by either board does not imply that my discharge will be upgraded. 9. I understand that I may, until the date the separation authority orders, directs, or approves my separation, withdraw this waiver and request that an administration separation board hear my case. 10. I have retained a copy of this statement. DATE SIGNED: Encl ANTHONY R. CRUZ SPC, USA Respondent Having been advised by me of the basis for their contemplated separation and its effects, the rights available to them, the right to waive of their rights, SPC Cruz personally made the choices indicated in the foregoing statement. DATE SIGNED: AMANDA JOHANSSON CPT, JA Defense Counsel PRIVACY ACT STATEMENT ON NEXT PAGE B-31

99 Data Required by the Privacy Act of 1974 (5 USC 552a) AUTHORITY: 5 USC 301 and 10 USC PURPOSE: Information provided is used by processing activities and the approval authority to determine if the member meets the requirements for recommended separation action. ROUTINE USES: Upon completion of processing actions, the statement is filed in the MPRJ. As long as filed in the MPRJ, this personal information may be used by other appropriate Federal agencies and State and local government authorities where the use of the information is compatible with the purpose for which the information is collected. Release of any information from this form is subject to the restrictions of 42 USC 290dd-2 and 42 USC 290dd-3. Under these statutes and regulations, disclosure of information that would identify the client as an abuser of alcohol or other drugs is authorized within the Armed Forces or those components of the Department of Veterans Affairs furnishing health care to veterans. AR further limits disclosure within the Armed Forces to those individuals having an official need to know (for example, the physician or the client's unit commander). All other disclosures require the written consent of the client except disclosures (1) to medical personnel outside the Armed Forces to the extent necessary to meet a bona fide medical emergency, (2) to qualified personnel conducting scientific research, management for financial audits, or program evaluation, or (3) upon the order of a court of competent jurisdiction. Submission of a statement for consideration is voluntary. If a statement is not submitted, the Army will determine separation or retention based on the available information. B-31

100 DEPARTMENT OF THE ARMY COMPANY B, 3 RD BATTALION, 3 RD ARMOR FORT ATTERBURY, INDIANA REPLY TO ATTENTION OF: AJJ-BC-BB MEMORANDUM THRU Commander, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana FOR Commander, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Commander s Report Proposed Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana Under the provisions of AR , Chapter 14-12c(2), I recommend that the following named individual be separated from the United States Army prior to expiration of his term of service. a. Rank/Name/ SSN: SPC Anthony R. Cruz, b. Date of birth: 15 May 1989 c. Date of enlistment: 13 June 2007 d. Length of term for which enlisted: 4 years. e. Prior service, if any: None. f. Specific, factual reason(s) for action recommended: The Soldier tested positive for cocaine in a random unit urinalysis on 16 November g. Aptitude area scores and DMOS: 1) GT 95 7) FO 94 2) CA 94 8) SC 91 3) CO 102 9) TE 95 4) EL ) GM 92 5) FA ) DMOS 19K10 6) MM 92 B-31

101 AJJ-BC-BB SUBJECT: Commander s Report Proposed Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana h. Results of the Common Task, Test (CTT), Commander's evaluation, and Skill Qualification Test (SQT), including MOS in which evaluated and results: Passed/19 June i. Record of counseling, if applicable: None. j. Description of rehabilitation attempts, if applicable: None. k. Record of trials by court-martial: None. l. Record of other disciplinary action, including non-judicial punishment (include offenses, findings, and sentence): Field Grade Article 15 on 15 December 2010 for testing positive for cocaine on 16 November The punishment consisted of: Reduction to the grade of Specialist (E4), Forfeiture of $ pay per month for two months, and Extra Duty and Restriction to the limits of Fort Atterbury, Indiana for 45 days. See enclosure 3. m. Report of mental status evaluation or psychiatric report is attached. See enclosure 4. n. Report of medical examination is attached. See enclosure 5. o. Statement why the Commander does not consider it feasible or appropriate to accomplish other disposition: SPC Cruz has lost all ability and potential to lead Soldiers given the fact that he tested positive for an illegal drug. SPC Cruz s potential for further service has been significantly degraded and he no longer shows a desire to uphold the Army values. p. Promotions and dates thereof: PV1 13 June 2007; PV2 13 December 2007; PFC 13 April 2008; SPC 1 August 2008; SGT 1 May q. Reductions and dates thereof: Reduced to from SGT to SPC via Field Grade Article 15 on 15 December r. Whether there is a record of time lost; if so, whether due to absence without leave, confinement, or other reasons: None. s. Note favorable communications or recommendations for the Soldier: None. B-31

102 AJJ-BC-BB SUBJECT: Commander s Report Proposed Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Bde, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana t. Note other derogatory data other than Article 15 action and courts-martial: None. u. Make note of any citations and awards: ASR, OSR, NCOPD, GCM, AAM x 2, ARCOM x 2, NDSM, GWTEM. v. Where derogatory information has been revealed, make note of any evidence of rehabilitation: None. w. Make note of any medical or other data meriting consideration in the overall evaluation to separate the soldier and in the determination as to the appropriate characterization of service: None. x. Other information considered pertinent: 1) DA Form 268. See enclosure 6. 2) ERB. See enclosure Memoranda of notification/acknowledgment and election of rights are attached as enclosures 1 & 2. 7 Encls as WILLIAM E. LATONA, JR. CPT, AR Commanding B-31

103 REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BATTALION, 3 RD ARMOR 3 RD BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC-B MEMORANDUM FOR Commander, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana I have reviewed the enclosed separation packet on SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana After careful consideration of all matters, I recommend this Soldier be separated from the United States Army prior to the expiration of his current term of service, under the provisions of AR , Chapter 14-12c(2). 3. IAW AR , Paragraph 1-35b(8)(i), Soldier is ineligible for transferred to the IRR. 4. I recommend that this Soldier s service be characterized as: ( ) Honorable. I understand that this case must be forwarded to the Commander, 54 th Infantry Division (Mechanized) for final disposition. ( ) General (Under Honorable Conditions). ( ) Under Other Than Honorable Conditions. I understand that this case must be forwarded to the Commander, 54 th Infantry Division (Mechanized) for final disposition. 8 Encls 1-7. nc Added 1 encl 8. Co Cdr s Report GARY E. PIKE LTC, AR Commanding B-31

104 REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY HEADQUARTERS, 3 RD BRIGADE 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA AJJ-BC MEMORANDUM FOR Commander, Transition HQ, Fort Atterbury, Indiana SUBJECT: Separation Under AR , Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs, SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Bde, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana I have reviewed the enclosed separation packet on SPC Anthony R. Cruz, , Company B, 3rd Battalion, 3rd Armor, 3rd Brigade, 54th Infantry Division (Mechanized), Fort Atterbury, Indiana After careful consideration of all matters, I direct this Soldier be separated from the United States Army prior to the expiration of his current term of service, under the provisions of AR , Chapter 14-12c(2). 3. IAW AR , Paragraph 1-35b(8)(i), the Soldier is ineligible to be transferred to the IRR (if applicable). 4. The Soldier will be discharged and furnished a General, Under Honorable Conditions Discharge Certificate (DD Form 257A) (if applicable). 5. This correspondence will be filed as permanent material in the Soldier s Military Personnel Records Jacket (MPRJ) IAW AR Encls 1-8. nc Added 1 encl 9. Bn Cdr s Recommendation FRANK R. MYERS COL, AR Commanding CF: SPC Cruz (w/ encls) Cdr, HQ, 3rd Bn, 3rd AR, 54th ID (Mech) (w/o encls) Cdr, Co B, 3rd Bn, 3rd AR, 3rd Bde, 54th ID (Mech) (w/o encls) B-31

105 Soldier s Training Manual Paralegal Specialist (27D) Information Sheet Active Army Involuntary Enlisted Administrative Separations Types of Involuntary Separations Chapter 5-8 Chapter 5-13 Chapter 5-17 Chapter 7-15 Chapter 7-16 Chapter 7-17 Chapter 9 Chapter 11 Chapter 13 Chapter 14-12a Chapter 14-12b Chapter 14-12c Chapter 18 Separation Due to Parenthood Personality Disorder Other Physical/Mental Conditions Erroneous Enlistments, Re-enlistments, Extensions Defective or Unfulfilled Enlistment/Re-enlistment Agreements Incident of Fraudulent Entry Alcohol or Other Drug Abuse Rehabilitation Failure Entry Level Performance and Conduct Unsatisfactory Performance Minor Disciplinary Infractions Pattern of Misconduct Commission of Serious Offense Failure to Meet Body Fat Standards Processing Times (Goals) Processing time for separations when the notification procedure is used will not normally exceed 15 working days. Processing time when the administrative board procedure is used will not normally exceed 50 working days. Processing time will be measured from the date the Soldier acknowledges receipt of the notification of the proposed separation to the date the separation authority directs separation. Shorter processing times are encouraged, particularly for cases in which prompt action is likely. B-32 Appendix B

106 Soldier s Training Manual Paralegal Specialist (27D) Failure to process an administrative separation within these timeframes will not prevent separation or characterization of service. DA Form 5138 R, is used to ensure processing goals are met. Automatic Reduction in Grade When a Soldier is to be discharged Under Other Than Honorable Conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade per AR , Chapter 7. Include language to this effect in the separation authority s approval memorandum. Soldiers with more than 18 Years of Service If proper authority recommends involuntary separation of a Soldier with 18 or more years of active Federal service, the proceedings, with complete documentation and the recommendation of the separation authority, will be sent to Headquarters, Department of the Army (AHRC EPR F), for final determination. Except when discharged pursuant to the approved sentence of a court-martial or for physical disability (AR ), any Soldier who has completed 18 or more years of active Federal service will not be involuntarily discharged or released from active duty without approval at HQDA level. These separation actions will be submitted to HQDA (AHRC EPR F) for forwarding to the proper authority. Requests for voluntary separation (for example, those submitted under Chapters 6, 10, or 16) need not be sent to HQDA for approval. Counseling and Rehabilitation A substantial investment is made in training persons enlisted or inducted into the Army; therefore, this general guidance will be considered when initiating separation action. When deciding retention or separation in a case, consider the following factors: a. The seriousness of the events or conditions that form the basis for initiation of separation proceedings. Also consider the effect of the Soldier s continued retention on military discipline, good order, and morale. b. The likelihood that the events or conditions that led to separation proceedings will continue or recur. c. The likelihood that the Soldier will be a disruptive or undesirable influence in present or future duty assignments. d. The Soldier s ability to perform duties effectively now and in the future, including potential for advancement or leadership. B-32 Appendix B

107 Soldier s Training Manual Paralegal Specialist (27D) e. The Soldier s rehabilitative potential. f. The Soldier s entire military record, including past contributions to the Army, assignments, awards, evaluations, and letters of commendation. g. Memoranda of reprimand or admonition, counseling records, records of nonjudicial punishment, records of conviction by court-martial and records of involvement with civilian authorities. h. Adverse information from a prior enlistment or period of military service only when such information would have a direct and strong probative value in determining whether separation is appropriate. In unusual situations, conduct from a prior enlistment that does not constitute a pattern of conduct manifested over an extended period of time may be considered in determining whether retention or separation is warranted. For example, a single incident of misconduct occurring in the prior period of service that, by itself, would warrant separation may be considered if the officials in the Soldier s chain of command neither knew, nor reasonably should have known of, at the time the Soldier re-enlisted. Army leaders at all levels must be continually aware of their obligation to provide purpose, direction, and motivation to Soldiers. It is essential that Soldiers who falter, but have the potential to serve honorably and well, be given every opportunity to succeed. Effective leadership is particularly important in the cases of Soldiers serving their initial enlistments. Except as otherwise indicated in this regulation, Commanders must make maximum use of counseling and rehabilitation before determining that a Soldier has no potential for further useful service and, therefore, should be separated. In this regard, Commanders will ensure that adequate counseling and/ or rehabilitative measures are taken before initiating separation proceedings for the following reasons: a. Involuntary separation due to parenthood. (See Chapter 5 8.) b. Personality disorder. (See Chapter 5 13.) c. Other designated physical or mental conditions. (See Chapter 5 17) d. Entry-level performance and conduct. (See Chapter 11.) e. Unsatisfactory performance. (See Chapter 13.) f. Minor disciplinary infractions or a pattern of misconduct. (See Chapters 14 12a/b) g. Failure to meet body fat standards. (See Chapter 18.) B-32 Appendix B

108 Soldier s Training Manual Paralegal Specialist (27D) When a Soldier s conduct or performance becomes unacceptable, the Commander will ensure that a responsible official formally notifies the Soldier of their deficiencies. At least one formal counseling session is required before separation proceedings may be initiated. In addition, there must be evidence that the Soldier s deficiencies continued after the initial formal counseling. Counseling will be comprehensive and in accordance with Chapter 1-16 of AR It will include the reason(s) it is being administered, the date, the fact that separation proceedings may be initiated if the deficiencies continue, and other guidance as appropriate. Each counseling session must be recorded in writing. DA Form 4856 (Developmental Counseling Form) will be used for this purpose. The Soldier s counseling or personal records must reflect that they were formally counseled concerning their deficiencies and given a reasonable opportunity to overcome or correct them. The following rehabilitative measures are required prior to initiating separation proceedings for entry-level performance and conduct (see Chapter 11), unsatisfactory performance (see Chapter 13), or minor disciplinary infractions/patterns of misconduct (see Chapter 14): a. Trainees. Soldiers undergoing initial entry or other training will be recycled (reassigned between training Companies or, where this is not feasible, between training Platoons) at least once. b. Other than trainees. Soldiers not in training status will be locally reassigned at least once, with a minimum of three months of duty in each unit. Reassignment should be between Battalion-sized units or between Brigade-sized or larger units when considered necessary by the local Commander. c. Permanent change of station (PCS) transfer. PCS funds normally will not be used for rehabilitative transfers. However, in meritorious cases where it is determined that a Soldier with potential to be a distinct asset to the Army would benefit from a change in Commanders, associates, and living or working conditions, the Commander exercising General Court-Martial jurisdiction may authorize PCS transfer within the same command. Waivers: a. Waiver of the counseling requirement is not authorized (unless there was a commission of a serious offense as determined by the MCM). b. The rehabilitative transfer requirements in Chapters 11, 13, and 14 may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Such circumstances may include: B-32 Appendix B

109 Soldier s Training Manual Paralegal Specialist (27D) 1. Two consecutive failures of the Army physical fitness test. 2. Pregnancy while in entry-level status. Battalions. 3. Highly disruptive or potentially suicidal behavior, particularly in reception Waiver of rehabilitative transfer may be granted at any time on or before the date the separation authority approves or disapproves the separation proceedings. Waiver authority may be withheld by a higher separation authority in a particular case, a class or category of cases, or all cases. Decision to withhold waiver authority will be announced in writing. Authority to Approve Separations GCMCA = General Courts-Martial Convening Authority SPCMCA = Special Courts-Martial Convening Authority SCMCA = Summary Courts-Martial Convening Authority The approval authority for all separations listed below when the Soldier has 18 or more years of service is HQDA. The approval authorities below are the lowest echelon of Commanders that can approve the listed separation. Chapter 5-8 Separation Due to Parenthood: SPCMCA Chapter 5-13 Personality Disorder SPCMCA Chapter 5-17 Other Physical/Mental Conditions SPCMCA Chapter 7-15 Erroneous Enlistments, SPCMCA Re-enlistments, Extensions Chapter 7-16 Defective or Unfulfilled SPCMCA Enlistment/Re-enlistment Agreements Chapter 7-17 Incident of Fraudulent Entry SPCMCA** Chapter 9 Alcohol or Other Drug Abuse SCMCA* Rehabilitation Failure B-32 Appendix B

110 Soldier s Training Manual Paralegal Specialist (27D) Chapter 11 Entry Level Performance and SCMCA* Conduct Chapter 13 Unsatisfactory Performance SCMCA Chapter 14-12a Minor Disciplinary Infractions SPCMCA** Chapter 14-12b Pattern of Misconduct SPCMCA** Chapter 14-12c Commission of a Serious Offense SPCMCA** Chapter 18 Failure to Meet Body Fat Standards SCMCA * The SCMCA can only approve separations in which the notification procedure is used. Some units have withheld this separation authority up to the SPCMCA level. ** The SPCMCA cannot approve separations when an UOTH conditions discharge is contemplated. The GCMCA is the approval authority and must also be the one to appoint the administrative separation board. Notification Procedure When the reason for separation requires the notification procedure, the Commander will notify the Soldier in writing that their separation has been recommended. The Commander will cite specific allegations on which the proposed action is based and will also include the specific provisions of AR authorizing separation. The Soldier will be advised of: a. Whether the proposed separation could result in discharge, release from active duty to a Reserve Component, or release from custody and control of the Army. b. The least favorable characterization of service or description of separation they could receive. c. The type of discharge and character of service recommended by the initiating Commander and that the intermediate Commander/s may recommend a less favorable type of discharge and characterization of service than that recommended by the initiating Commander. d. The separation authority is not bound by the recommendations of the initiating or intermediate Commander and has complete discretion to direct any type of discharge and characterization of service authorized by applicable provisions of AR B-32 Appendix B

111 Soldier s Training Manual Paralegal Specialist (27D) e. To consult with military counsel within a reasonable time (not less than three duty days). Soldiers may also consult with civilian counsel at their own expense. f. To submit statements on their own behalf. g. To obtain copies of documents that will be sent to the separation authority supporting the proposed separation. h. To a hearing before an administrative separation board under Section III of this Chapter if they have six or more years of total active and reserve service on the date of initiation of recommendation for separation. This includes creditable service in any U.S. military component, for example, RA, ARNGUS, USAR (including IRR), USN, USAF, and so forth. i. To waive the above rights in writing, including the right to submit a conditional waiver of the right to have the case heard before an administrative separation board. Failure to respond (including failure to submit matters within seven duty days will constitute a waiver of the rights. The Soldier s Commander or other designated individual will personally serve the Soldier with the memorandum of notification. The Soldier is required to sign an acknowledgment of receipt. The acknowledgment of receipt will be signed and dated on the date it is served. If notice by mail is authorized and the Soldier fails to acknowledge receipt or submit a timely reply, that fact will constitute a waiver of rights. An appropriate notation will be recorded on a retained copy of the appropriate form. The Soldier may withdraw their waiver of rights at any time prior to the date the separation authority orders, directs, or approves the separation. The intermediate Commander/s, in making recommendations on the type of discharge and characterization of service, may recommend any type of discharge and characterization of service authorized for the notified basis of separation but will normally be limited to considering facts contained within the proposed action. If the intermediate Commander/s consider additional unfavorable information outside that contained in the proposed action in making recommendations, the intermediate Commander will state, in writing, the specific facts and incidents in the Soldier s record that warrant such type of discharge and characterization. The action of the separation authority will be recorded. Upon receipt of the recommended action the separation authority will determine if there is sufficient evidence to verify the allegations. If no sufficient basis for separation exists, the separation authority will disapprove the recommendation or take other appropriate action under AR If the recommendation is disapproved, the return endorsement will cite reasons for disapproval. B-32 Appendix B

112 Soldier s Training Manual Paralegal Specialist (27D) If sufficient factual basis for separation exists, the separation authority will determine whether separation is warranted per Chapter 1, Section II, of AR , and will take one of the following actions: a. Direct retention. b. Direct separation for a specific reason. (If there is more than one basis for separation, the separation authority will designate the most appropriate basis as the primary reason for reporting purposes.) c. Suspend separation per Paragraph 1 18, AR d. The separation authority will determine the type of discharge certificate and character of service. e. The criteria in Chapter 1, Section VII, AR , will govern whether the Soldier will be released from AD or ADT with transfer to the IRR, or discharged. Administrative Board Procedure When the reason for separation requires the administrative board procedure, the Commander will notify the Soldier in writing that their separation has been recommended. The Commander will cite the specific allegation(s) on which the proposed action is based and include the specific provisions of AR authorizing separation.the Commander will advise whether the proposed separation could result in discharge, release from active duty to a Reserve Component, or release from custody and control of the Army. The Soldier will be advised of their rights as to: a. The least favorable characterization of service or description of separation he/she could receive. b. The type of discharge and the characterization of service recommended by the initiating Commander and that the intermediate Commander/s may recommend a less favorable type of discharge and characterization of service than that recommended by the initiating Commander. c. To confer with consulting counsel. Soldiers may also consult with a civilian counsel at their own expense. d. To obtain copies of documents that will be sent to the separation authority supporting the proposed separation. B-32 Appendix B

113 Soldier s Training Manual Paralegal Specialist (27D) e. A hearing before an administrative separation board. f. Present written statements instead of board proceedings. g. To waive the above rights in writing. This includes the right to submit a conditional waiver of the right to have a case heard before an administrative separation board. h. To withdraw a waiver of the rights listed above anytime before the date the separation authority orders, directs, or approves the separation and to request that the case be presented before a board of officers. When a Soldier waives their right to a hearing before an administrative board and the separation authority approves the waiver, the case will be processed without convening a board. However, the separation authority will be the same as if the board was held. A Soldier may wish to waive their right to a hearing before an administrative separation board contingent upon receiving a characterization of service or description of separation more favorable than the least favorable characterization authorized for the separation reason set forth in the notice of separation action. Soldiers wishing to submit a conditional waiver will submit a completed Request for Conditional Waiver. (See Figure 2 2 and Appendix B of AR ) Commanders will ensure that a Soldier is not coerced into waiving their right to a hearing before an administrative separation board. The appropriate separation authority may approve or disapprove the conditional waiver. Board Procedures Appoint a standing administrative separation board to cover as large a unit as possible. This is beneficial because members become familiar with board procedures. The board should be established by written order from the separation authority. NOTE: There is an example of a standing board appointment memorandum in AR 15-6, Figure 2-1. An administrative board will consist of at least three experienced commissioned, warrant, or noncommissioned officers. Enlisted Soldiers appointed to the board will be in the rank of Sergeant First Class (SFC) or above, and senior to the respondent. At least one member of the board will be serving in the rank of Major or higher, and a majority will be commissioned or warrant officers. The senior member will be the President of the board. NOTE - In the case of a Reserve Component Soldier, the membership of the board will include at least one Reserve Component member IAW AR , Paragraph 2-7. (Reserve Component Soldier can be on active duty subject to AR For Example, a Reserve Component Soldier may be mobilized). Enlisted Soldiers will not be appointed as members of boards in cases of ARNGUS or USAR Soldiers when a discharge Under Other Than Honorable Conditions could result. B-32 Appendix B

114 Soldier s Training Manual Paralegal Specialist (27D) Care will be exercised to ensure that the board is composed of experienced, unbiased officers. In the case of a female Soldier, the board will, upon the written request of the respondent, include a female member as a voting member, if reasonably available. In the event of non-availability, the reason will be stated in the record of proceedings. If the respondent is a member of a minority group, the board will, upon written request of the respondent, include as a voting member a member who is also a minority group member, if reasonably available. When requested, the appointed board member should be of the same minority group as the respondent. However, non-availability of a member of the same minority group will not prevent convening the board. In the event of non-availability, the reason will be stated in the record of proceedings. A Soldier under military control will be notified in writing of the convening date of the board at least 15 days prior to the hearing. NOTE - See Figure B-1, AR , for an example of the Commander s recommendation to the separation/appointing authority, an example of the notification to the Soldier, and an example of how to summarize the testimony of the board proceedings. The proceedings of the board will be summarized as fairly and accurately as possible. They will contain a verbatim record of the findings and recommendations. DA Form 1574, Report of Investigation by Investigating Officer/Board of Officers, will be completed. Ensure that a verbatim record of the findings and recommendations are included and that all board members sign the form. Include the summary of proceedings with DA Form 1574 and deliver to the separation authority. Before the separation authority takes action, the board proceedings will be reviewed by a qualified officer fully cognizant of applicable regulations and policies. This officer determines whether the action meets the requirements of this regulation. This is typically done by the Administrative Law Office in the Office of the Staff Judge Advocate. However, unless limited use evidence is used, an UOTH conditions discharge is recommended, or the Soldier identifies specific legal issues for consideration, there is no requirement to have a Judge Advocate review the proceedings. No separation authority will direct discharge if a board recommends retention. Neither will the separation authority authorize issuance of a discharge of less favorable character than that recommended by the board. However, a separation authority may direct retention when discharge is recommended, or they may issue a discharge certificate of a more favorable character than that recommended. Appendix B B-32

115 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY COMPANY D, 78 TH ENGINEER BATTALION FORT CHAMBERLAIN, OH RESEN-CD 20 November 2010 MEMORANDUM FOR PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH Under the provisions of AR , Chapter 12-1a, Minor Disciplinary Infractions, I am initiating action to separate you from the U.S. Army. The reasons for my proposed actions are that you failed to report to your appointed place of duty at the time prescribed, disrespected Noncommissioned Officers, failed to obey lawful orders, left your appointed place of duty without authority, and were found drunk while on duty. 2. I am recommending that you receive a General, Under Honorable Conditions characterization of service. My recommendation and your reply will be submitted through the intermediate Commanders to the separation authority, Commander, Human Resources Command St. Louis, who will make the final decision in your case. 3. The intermediate Commanders and the separation authority are not bound by my recommendation as to characterization of service. The separation authority may direct that your service be characterized as Honorable, General, Under Honorable Conditions, or Under Other Than Honorable Conditions. 4. If my recommendation is approved, the proposed separation could result in discharge from the U.S. Army Reserve, transfer or reassignment from your U.S. Army Reserve unit to the Individual Ready Reserve, or release from custody and control of the Army. 5. You have 30 calendar days as of the date of this notification to exercise the following rights: a. You have the right to consult with an appointed counsel for consultation; or military counsel of your choice, if he or she is reasonably available, or civilian counsel at your own expense. B-33

116 SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH If you desire an appointed counsel for consultation, notify this command before completing the response by memorandum and the name and the phone number of the appointed counsel will be provided. 2. If you desire a military counsel of your choice, provide this command with the officer s name and rank before completing the response by memorandum and if the officer is reasonably available, he or she will be appointed counsel for consultation. 3. If you retain civilian counsel at no expense to the Government, recommend the counsel be retained before completing the response by memorandum. b. You have the right to obtain copies of documents that will be sent to the separation authority supporting the basis of the proposed separation. c. You have the right to request a hearing before an administrative separation board if you have six or more years of total active and/or reserve service on the date of this notification. d. If you request a hearing before an administrative board, you have the right to representation at the administrative board by a military counsel. e. You have the right to representation at the administrative board by civilian counsel at your own expense and at no expense to the government. f. You have the right to present written statements on your behalf instead of the administrative board proceedings. g. You have the right to waive the rights listed above in Paragraphs a through f in writing, and you may withdraw any such waiver at any time before the date the separation authority orders, directs, or approves your separation. B-33

117 SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH You must complete the attached endorsement acknowledging receipt of this memorandum and indicating the election of your rights. A copy of this memorandum with the completed endorsement attached must be delivered to the address shown on the endorsement within 30 days from the date of your receipt of this memorandum of notification. Any statement or documents you desire to submit in your behalf must also reach me within 30 calendar days after your receive this memorandum unless you request and receive an extension for good cause shown. Unless an extension is granted, failure to deliver the completed endorsement within 30 days of the date of your receipt of this memorandum will constitute a waiver of your rights in Paragraphs 5a, b, c, d, e, and f above. 2 Encls JEREMIAH L. PEPPER 1. DA Form 4856 x 10 CPT, EN 2. DA Form 2627 x 2 Commanding B-33

118 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY COMPANY D, 78 TH ENGINEER BATTALION FORT CHAMBERLAIN, OH RESEN-CD MEMORANDUM FOR Commander, Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH I hereby acknowledge receipt of the Notification of Separation Proceedings under AR , Chapter 12-1a, Minor Disciplinary Infractions, dated 20 November I understand that I may expect to encounter substantial prejudice in civilian life if my service is characterized as general, under honorable conditions. 2. Before completing this response, I understand that I have the right to consult with an appointed counsel for consultation; or military counsel of my own choice, if he or she is reasonably available, or civilian counsel at my own expense. (The soldier will exercise this right by initialing one of the following paragraphs :) a. ( ) I have exercised my right and I have consulted with counsel in preparation of this response to the notification memorandum. I have been advised by my consulting counsel of the basis for the contemplated action to separate me for missing formations, disrespect, failure to obey orders, and being drunk on duty, under AR , Chapter 12-1a, Minor Disciplinary Infractions, and its effect; of the rights available to me; and the effect of any action taken by me in waiving my rights. The counsel has confirmed this by entering and signing the statement at the end of this memorandum; or b. ( ) I hereby waive my right to consult with an appointed counsel for consultation; or military counsel of my own choice, or civilian counsel at my own expense. 3. I understand I have the right to obtain copies of documents that will be sent to the separation authority supporting the basis of my proposed separation. (The Soldier will exercise this right by initialing one of the following paragraphs :) a. ( ) I hereby waive my right to obtain copies of documents. b. ( ) I hereby request copies of the documents. B-33

119 SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH I understand that if I have six or more years of total active and/or reserve service, on the date of notification, I have the right to a hearing before an administrative separation board, unless I waive that right. (The soldier will exercise this right by initialing one of the following paragraphs:) a. ( ) I have six or more years of total active and/or reserve service on the date of this notification and I hereby exercise my right to a hearing before an administrative separation board. I understand that after having requested appearance before the board, my willful failure to appear before the board will constitute a waiver of my rights to personal appearance before the board, unless I am in civil confinement. (When requesting a board hearing the soldier must also initial one of the following:) designated. hearing. 1. ( ) I request a counsel for representation at the hearing be 2. ( ) I waive my right to a counsel for representation at the board b. ( ) I have six or more years of total active and/or reserve service on the date of this notification and I hereby waive my right to a hearing before an administrative separation board. 5. I have the right to representation at the administrative board by civilian counsel at my own expense and at no expense to the government. (The soldier will initial the following if civilian counsel is retained :) ( ) I have retained, or will retain, civilian counsel. 6. I understand I have the right to present written statements in my behalf instead of the administrative board proceedings. (The soldier will exercise this right by initialing one of the following paragraphs :) a. ( ) I hereby waive by right to submit written statements. b. ( ) Statements in my own behalf are submitted herewith and attached as enclosures. B-33

120 SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH I understand that I have the right, up until the date the separation authority orders, directs, or approves my separation, to withdraw any waiver of my rights that I may have submitted. If I had a right to a board hearing and waived that right, I can withdraw the waiver and request a hearing before an administrative board. 8. I understand that if I have been ordered to undergo a medical or mental status evaluation and refuse to comply with the order, or willfully fail to undergo such examination or evaluation, separation action will be taken without an examination or evaluation. 9. I understand that there is no automatic upgrading or review by any government agency of any characterization of service that is less than honorable. After discharge, I may apply to the Army Discharge Review Board or the Army Board for Correction of Military Records if I wish review of my characterization of service. I realize that consideration by either board does not imply that my characterization of service will be upgraded. 10. I have retained a copy of the Notification Memorandum and a copy of this completed election of rights memorandum and I submit the following statement of understanding: UNDERSTANDING: I have read and understand each of the statements above and understand that they are intended to constitute all promises whatsoever concerning my waiver options. Any other promise, representation, or commitment made to me in connection with my separation is written below in my own handwriting or is hereby waived. NONE. DATE DIRK DERRINGER PV1, Respondent B-33

121 SUBJECT: Notification of Separation Proceedings Under AR , Chapter 12-1a, Minor Disciplinary Infractions - PV1 Dirk Derringer, , Company D, 78 th Engineer Battalion, 22 nd Engineer Brigade, 19 th Infantry Division, Fort Chamberlain, OH Having been advised by me of the basis for his contemplated separation and its effects, the rights available to him, and the effect of a waiver of his rights, PV1 Dirk Derringer personally made the choices indicated in the foregoing memorandum. DATE CLARENCE SIMPSON CPT, JA Defense Counsel B-33

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

123 Soldier s Training Manual Paralegal Specialist (27D) Information Sheet Involuntary Enlisted Administrative Separations for the U.S. Army Reserve Component IAW AR , Paragraph 1-6, processing time for separations when the Notification Procedure is used should not exceed 45 days. Processing time when the Administrative Board Procedure is used should not exceed 90 days. Time will be measured from the date of notification to the Soldier of the proposed separation to the date of separation. NOTE - Shorter processing times are encouraged. Failure to process an administrative separation within these time frames does not create a bar to separation or characterization of service. These timelines are merely processing goals. To ensure separation processing goals are met, Commanders initiating separation actions under the Notification Procedure (AR , chap 3, sec II), or the Administrative Board Procedure (AR , chap 3, sec III), will initiate, maintain, and file DA Form 5138-R. On final disposition of the proceedings, a copy of DA Form R will be filed with each copy of the proceedings. Types of involuntary separations per AR : a. Chapter 6-5 Separation Due to Parenthood. b. Chapter 6-7 Other Designated Physical or Mental Conditions. c. Chapter 7-1 Minority Enlistments (under 17 years of age). d. Chapter 7-2 Erroneous Enlistment, Reenlistment, and Extension. e. Chapter 7-3 Defective Enlistments or Reenlistments. f. Chapter 7-4 Fraudulent Enlistments or Reenlistments. g. Chapter 8 Entry Level Performance and Conduct. h. Chapter 9 Unsatisfactory Performance. i. Chapter 11 Substance Abuse Rehabilitation Failure. j. Chapter 12-1a Misconduct: Minor Disciplinary Infractions. Appendix B B-34

124 Soldier s Training Manual Paralegal Specialist (27D) k. Chapter 12-1b Misconduct: A Pattern of Misconduct. l. Chapter 12-1c Misconduct: Commission of a Serious Offense. m. Chapter 12-1d Misconduct: Abuse of Illegal Drugs. n. Chapter 12-2 Misconduct: Conviction by Civil Court o. Chapter 13 Unsatisfactory Participation in the Ready Reserve. p. Chapter 14 Secretarial Plenary Authority. q. Chapter 15-1a Non-citizens. r. Chapter 16 Failure to Meet Army Body Composition Standards. Medical examinations are required for Soldiers being processed for separation under Chapter 6 (Paragraphs 6-3, 6-6, and 6-7 only). Medical examinations will be administered if requested in writing by the Soldier or if the Soldier s Commander considers it necessary based on the circumstances of the case or when the Soldier s fitness is in doubt. However, completion of the physical will not delay separation. Paragraph 1-8 of AR does not require Chapter 16 Failure to Meet Army Body Composition Standards to have a medical examination; however, a medical examination is required to determine if the body composition problem is medically related. The authority to order separation of all Army National Guard members is reserved to the State Adjutant General. Authority to order separation of United States Army Reserve personnel is as follows: a. The Commander, Human Resources Command St. Louis, has authority for Individual Mobilization Augmentee (IMA), Individual Ready Reserve (IRR), Standby Reserves, and Retired Reserves. b. Area Commanders have authority in all other USAR cases. Authority can be delegated to General Officers that have Staff Judge Advocates or legal advisors. Soldiers with more than 18 and less than 20 years of service for qualifying retired pay will not be separated without approval by the Secretary of the Army. Soldiers assigned under the Commander, Human Resources Command will be referred to the local area Commander for administrative board separations. The Commander, HRC, however, maintains final separation authority. B-34 Appendix B

125 Soldier s Training Manual Paralegal Specialist (27D) Soldiers being separated under the following Chapters who have a Military Service Obligation (MSO) remaining at time of separation will be transferred to the Individual Ready Reserve (IRR): a. Chapter 8 Entry Level Performance and Conduct. b. Chapter 13 Unsatisfactory Participation. c. Chapter 14 Secretarial Plenary Authority (as determined by HQDA). d. Chapter 16 Failure to Meet Body Composition Standards. MSO: (Military Service Obligation) All Soldiers that enlist in the Army incur an eight year obligation. If a Soldier serves five years in the reserves and terminates service they will continue to serve three years in the IRR. See AR , Paragraph 4-2, for an in-depth explanation of MSO. Soldiers will be counseled by a responsible person about their deficiencies at least once before initiating separation action for Chapters 6-5, 6-7, 8, 9, 12-1a, 12-1b, and Chapter 16. Counseling will include, but not be limited to, the following: a. Reasons for counseling. b. The fact that continued behavior of a similar nature or additional misconduct may result in the Soldier s separation. c. The characterization of service that may be issued and the effect of each type if such action is taken and separation accomplished. Each counseling session will be recorded in writing (to include date and by whom counseled). Rehabilitation - If practical, one of the following measures will be taken before initiating separation: a. Soldiers assigned to the ARNGUS or USAR Troop Program Unit (TPU) will be reassigned at least once if within commuting distance, with a minimum of two months in each ARNGUS unit or USAR TPU IAW AR Paragraph 2-4. b. If case reassignment is restricted (for example, small, independent, or isolated unit), or the Soldier is assigned to the IRR or Standby Reserve, the Commander will ensure that proper alternate rehabilitation measures are employed, if feasible, IAW AR Paragraph 2-4. B-34 Appendix B

126 Soldier s Training Manual Paralegal Specialist (27D) The separation authority may waive the rehabilitation reassignment if: a. Reassignment is not feasible because there are no appropriate units within a reasonable commuting distance of the Soldier s residence. b. Further duty of the Soldier would create serious disciplinary problems, or create a hazard to the military mission or the Soldier. c. It would seriously affect unit readiness. d. Further duty of the Soldier would be inappropriate because the Soldier is resisting all rehabilitation attempts. e. That rehabilitation would not produce the quality Soldier desired by the ARNGUS and USAR. The Notification Procedure When the notification procedure is used the Commander will notify the Soldier of: a. The basis of the proposed separation, including the circumstances upon which the action is based, and a reference to the applicable provisions of this regulation. b. Whether the proposed separation could result in a discharge from the Army, transfer from the ARNGUS to the USAR, or release from custody or control of the Army. c. The Commander s recommendation as to the characterization of discharge. The Commander will also inform the Soldier of the least favorable characterization or description of service authorized for the proposed separation, and how the separation authority is not limited in giving a lower or higher characterization of discharge by their recommendation of separation. NOTE - The type of discharge and characterization of service recommended by the initiating Commander and that the intermediate Commander(s) may recommend a less favorable type of discharge and characterization of service than that recommended by the initiating Commander. The separation authority is not bound by the recommendations of the initiating or intermediate Commander and has complete discretion to direct any type of discharge and characterization of service authorized by applicable provisions of this regulation d. The right to obtain copies of documents that will be sent to the separation authority. e. The Soldier s right to submit statements. f. The Soldier s right to consult with counsel. B-34 Appendix B

127 Appendix B Soldier s Training Manual Paralegal Specialist (27D) g. If the Soldier has six or more years of total active and reserve military service on the date of initiation of recommendation for separation, the Soldier s right to request an Administrative Board. h. The right to waive the rights in Paragraphs (d) through (g) above, in writing. i. Failure to respond within 30 days of the notification constitutes a waiver of these rights. The respondent will be given not less than 30 calendar days to respond to the notification of separation. The initiating Commander will forward the request for separation through the chain of command for recommendations to the separation authority. The intermediate Commanders may either disapprove and reassign the respondent or recommend approval and forward the request to the approving authority. The separation authority may approve the separation, disapprove and provide a written response for the disapproval to the initiating Commander, or suspend the separation. The Administrative Board Procedure When the Administrative Board Procedure is required the Soldier will be notified in writing of: a. The basis of the proposed separation, including the circumstances upon which the action is based. b. Whether the proposed separation could result in a discharge from the Army, transfer from the ARNGUS to the USAR, or release from custody and control of the Army. c. The least favorable characterization or description of service authorized for the proposed separation. The Commander will also inform the Soldier how the separation authority is not limited in giving a lower or higher characterization of discharge by his recommendation of separation. NOTE - The type of discharge and character of service recommended by the initiating Commander and that the intermediate Commander(s) may recommend a less favorable type of discharge and characterization of service than that recommended by the initiating Commander. The separation authority is not bound by the recommendations of the initiating or intermediate Commander and has complete discretion to direct any type of discharge and characterization of service authorized by applicable provisions of this regulation. d. The Soldier s right to consult with counsel. The Soldier may also consult with civilian counsel retained at the Soldier s own expense. e. The right to obtain copies of documents that will be sent to the Separation Authority supporting the basis of the proposed separation. B-34

128 Soldier s Training Manual Paralegal Specialist (27D) f. The Soldier s right to request a hearing before an Administrative Board. g. The Soldier s right to present written statements instead of board proceedings. h. The Soldier s right to representation at the Administrative Board by military counsel. i. The Soldier s right to representation at the Administrative Board by civilian counsel at the Soldier s own expense. j. Non-lawyer counsel may not represent a Soldier before an Administrative Board. k. The Soldier s right to submit a conditional waiver of the right to a hearing before an administrative board. m. The right to waive rights to a separation board. Failure to respond within 30 calendar days constitutes a waiver of these rights. n. The right to be present at the board hearing. Notification will be made in the same manner as is used in the notification procedure. Board Procedures The separation authority will appoint to the Administrative Board of at least three experienced commissioned, warrant or noncommissioned officers. At least one of the voting commissioned officers must be a Reserve officer. Enlisted Soldiers appointed to the Board must be sergeants first class or above and must be senior to the respondent. At least one member of the Board must be a major or higher, and a majority must be commissioned or warrant officers. However, all board members must be commissioned officers (includes warrant officers) if Under Other Than Honorable Conditions (UOTH) character of service is authorized for the reason for separation. NOTE - There is an example of a board appointment memorandum in AR 15-6, Figure 2-1. The procedures of AR 15-6 as they relate to boards of officers will be used in administrative board proceedings. In addition to the information above: a. The senior member will be the president of the board. b. The separation authority may appoint to the Board a nonvoting recorder. Appendix B B-34

129 Soldier s Training Manual Paralegal Specialist (27D) c. A nonvoting legal advisor may be appointed to assist the board. d. Boards with ARNGUS respondents will include at least one ARNGUS officer as a voting member. e. Boards with USAR respondents will include at least one USAR officer as a voting member. f. The separation authority will ensure that the opportunity to serve on administrative boards is given to women and minorities. The mere appointment or failure to appoint a member of such a group to the board, however, does not provide a basis for challenging the proceeding. The board proceedings will be reviewed by a qualified officer fully cognizant of applicable regulations and policies. This officer determines whether the action meets the requirements of this regulation. However, in every case in which characterization of service under other than honorable conditions is recommended, or when limited use evidence was introduced in the board proceedings, or when the Soldier identifies specific legal issues for consideration by the separation authority, the proceedings will be reviewed by a member of The Judge Advocate General s Corps. No separation authority will direct discharge if a board recommends retention. Neither will the separation authority authorize issuance of a discharge of less favorable character than that recommended by the board. However, a separation authority may direct retention when discharge is recommended, or he/she may issue a discharge certificate of a more favorable character than that recommended. B-34 Appendix B

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131 Soldier s Training Manual Paralegal Specialist (27D) Appendix C Answer Key & Examples for Legal Assistance Exercises Appendix C

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133 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Conduct Notary Services 1. True, AR 27-55, Paragraph USC 1044a. 3. Immediate supervision means under the direct guidance or management of another. Immediate supervision does not require a supervisor to be present at all times when the individual being supervised is performing his or her assigned duties, nor does it require a performance rating relationship. However, the supervisor and the person supervised must perform duty in the same general location (for example, in an SJA office or at Soldier Readiness Processing). 4. False. See the MCM, Article 136, UCMJ. 5. Never. AR 27-55, Paragraph 3-3(a)(1). 6. False. AR 27-55, Paragraph 4-3(c). 7. True. AR 27-55, Paragraph 3-3(a)(12). 8. False. AR 27-55, Paragraph 3-5(b). 9. False. AR 27-55, Paragraph 4-5(b). 10. An Apostille is a standard certification provided under the Hague Convention for authenticating documents used in foreign countries. An Apostille streamlines the authentication of notarized documents sent between countries. Appendix C C-1

134 Soldier s Training Manual Paralegal Specialist (27D) Voluntary Administrative Separations NOTE For more information about each of the below listed Chapters, please refer to the specific chapter in AR Chapter 5-3 Secretarial Plenary Authority - In the best interest of the Army. - Submitted to HQDA and approved by the Secretary of the Army. - Case-by-case basis, but can be used for a specific category or class of Soldier. - This may be a voluntary request or involuntary by the chain of command. - Chain of command memorandums of endorsement recommending approval or disapproval must accompany this request. If recommending approval, the chain of command must include recommendations on character or description of service, IRR transfer (if applicable), re-entry eligibility (RE) code recoupment of enlistment/re-enlistment bonus, and awarding of separation pay. - This request is submitted by the Soldier on a DA Form 4187 which will include a Memorandum for Record (MFR), explaining why the request is being made, along with any other supporting documentation to support their request for separation. A copy of the Soldiers ERB and any medical/mental evaluations which are required by the transition separation point for out processing will be attached as enclosures to the DA Form Chapter 5-4 Surviving Sons or Daughters - This request is submitted to the Commander exercising Special Court-Martial Convening Authority for approval or disapproval along with recommendation memorandums by the intermediate Commanders in the Soldiers chain of command. - Separation not authorized during time of war (as declared by Congress), when status is waived by Soldier, or when a Soldier is: (1) Pending C-M charges. (2) Convicted by C-M. (3) Serving sentence imposed by C-M. (4) Being processed for involuntary administrative separation for cause. - This request is submitted by the Soldier on a DA Form 4187 which will include a Memorandum for Record (MFR), explaining why the request is being made, along with any other supporting documentation to support their request for separation. A copy of the Soldiers ERB and any medical/mental evaluations which are required by the transition separation point for out processing will be attached as enclosures to the DA Form Chapter 5-16 Early Separation to Further Education (sometimes referred to as Early School Drop ) - Can only be discharged up to 90 days prior to ETS date!!! Appendix C C-2

135 Soldier s Training Manual Paralegal Specialist (27D) - In order to qualify for this chapter the Soldier must: (1) Not be mission essential. (2) Clearly establish that separation must be earlier then their ETS date due to the academic start point of school and that waiting until the ETS date would cause a hardship. (3) Provide a statement from the school stating that the Soldier is registered for a certain term as a fill-time student. (4) Show their ability to pay for the school. - The College/University must offer courses of instruction which lead to an associates, baccalaureate, or higher degree. - Separation will not normally be earlier then 10 days prior to the date in which class starts. The Soldier may be separated 30 days prior to the start of class if proof is submitted that 10 days is not enough time. - Accrued leave will be used to the maximum extent possible, as transition leave, in conjunction with early separation. - This request is submitted to the Commander exercising Special Court-Martial Convening Authority for approval or disapproval along with recommendation memorandums by the intermediate Commanders in the Soldiers chain of command. - This request is submitted by the Soldier on a DA Form 4187 which will include a Memorandum for Record (MFR), explaining why the request is being made, along with any other supporting documentation to support their request for separation. A copy of the Soldiers ERB and any medical/mental evaluations which are required by the transition separation point for out processing will be attached as enclosures to the DA Form Chapter 6 Separation Because of Dependency or Hardship - Separation under this chapter is for the convenience of the government. - There are two separate categories under this chapter. A Soldier must either request separation due to Dependency (CH 6-3a) or Hardship (CH 6-3b). - Commanders will forward memorandums to the separation authority which contain the following information: amount and type of allotments the Soldier has in effect, date of current enlistment, and whether the Soldier is under charges or not. - This request is submitted to the Commander exercising Special Court-Martial Convening Authority for approval or disapproval along with recommendation memorandums by the intermediate Commanders in the Soldiers chain of command. - This request is submitted by the Soldier on a DA Form 4187 which will include a Memorandum for Record (MFR), explaining why the request is being made, along with any other supporting documentation to support their request for separation. A copy of the Soldiers ERB and any medical/mental evaluations which are required by the transition separation point for out processing will be attached as enclosures to the DA Form C-2 Appendix C

136 Appendix C Soldier s Training Manual Paralegal Specialist (27D) Chapter 7-16 Defective or Unfulfilled Enlistment or Re-enlistment Agreements - A defective enlistment agreement exists when the Soldier is eligible for enlistment in the Army but does not meet the prerequisites for the option for which enlisted. This exists when the following occurs: (1) A material representation by recruiting personnel. (2) Administrative oversight or error by recruiting personnel. NOTE These misrepresentations or errors were done by no fault of the Soldier. - Unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment from recruiting personnel for which the Soldier is qualified but which cannot be fulfilled by the Army through no fault of the Soldier. - If either of these situations are recognized while the Soldier is being processed for initial entry at a reception station or is undergoing basic or advanced individual training, the special court-martial convening authority (or higher level Commander) may approve any request for separation due to this chapter. Before approving the request for discharge, the following actions must be taken: (1) USAREC Liaison Office must be contacted to obtain information about all other options available for which the Soldier is qualified. (2) Obtain waivers for low mental scores (if applicable). (3) All other waivers should be completed where appropriate. - When discovered after initial assignment, the Soldier may request voluntary separation. - This request is submitted to HQDA for approval or disapproval along with recommendation memorandums by the intermediate Commanders in the Soldiers chain of command. - This request is submitted by the Soldier on a DA Form 4187 which will include a Memorandum for Record (MFR), explaining why the request is being made, along with any other supporting documentation to support their request for separation. A copy of the Soldiers ERB and any medical/mental evaluations which are required by the transition separation point for out processing will be attached as enclosures to the DA Form If the Soldier is under charges, in confinement, or is recommended for separation under a different provision of AR , they will not be separated due to this chapter. Chapter 8 Separation of Enlisted Women Pregnancy - The separation authority for this chapter is the Commander exercising Special Court-Martial jurisdiction over the Soldier requesting separation under this chapter. - The Soldier must be counseled by the Commander once it is determined that she is pregnant using the pregnancy counseling checklist. NOTE There is an example of the pregnancy counseling and Soldiers retention election later in this Appendix. - The Soldier will be granted seven days to consider her option on whether to stay on Active Duty or request separation. C-2

137 C-2

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139 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY INTERMEDIATE COMMANDERS UNIT UNIT LOCATION OFFICE SYMBOL DATE MEMORANDUM FOR Commander/Approval Authority, UNIT, UNIT LOCATION SUBJECT: Separation Under AR , Chapter #, Paragraph #-# 1. I recommend that RANK SOLDIER NAME, SOLDIER UNIT, UNIT LOCATION, be separated from the Army prior to the expiration of his/her current term of service, under the provisions of AR , Chapter #, Paragraph #-#, for STATE SPECIFIC NAME OF SEPARATION. 2. The recommend that the Soldier be/not be transferred into the IRR. 3. I recommend that his/her service be characterized as: ( ) Honorable ( ) General, Under Honorable Conditions 4. The point of contact for this memorandum is the undersigned. # Encls INTERMEDIATE COMMANDER NAME as RANK, BRANCH Commanding C-2

140 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY HEADQUARTERS, APPROVAL AUTHORITY UNIT UNIT LOCATION OFFICE SYMBOL DATE MEMORANDUM FOR Transition Separation Point, LOCATION SUBJECT: Separation Under AR , Chapter #, Paragraph #-# 1. I direct that RANK SOLDIER NAME, SOLDIER UNIT, UNIT LOCATION, be separated from the Army prior to the expiration of his/her current term of service, under the provisions of AR , Chapter #, Paragraph #-#, for STATE SPECIFIC NAME OF SEPARATION. 2. The direct that the Soldier be/not be transferred into the IRR. 3. I direct that his/her service be characterized as: ( ) Honorable ( ) General, Under Honorable Conditions 4. The point of contact for this memorandum is the undersigned. # Encls APPROVAL COMMANDER NAME 1.-# nc RNK, BRANCH Added 1 Encl Commanding #. Intermediate Cdr Rec. Memo C-2

141 Notice: Required by the Privacy Act of 1974 (5 U.S.C. 552a). Prior to soliciting any personal information in the course of counseling a soldier, the counselor (see para 8-6) will advise the soldier substantially as follows: In the course of counseling you concerning the decisions you will have to make in connection with your pregnancy, I will request certain personal information from you. My only purpose in requesting this information is to assist you in planning how to meet your responsibilities to the child and to the military, and to determine if there is anything that I or the Army, can do to assist you in meeting those responsibilities. Disclosure of your SSN and other personal information is voluntary. You are not required to provide personal information to me, but Army regulations do require that you complete a Statement of Counseling. If you choose not to provide personal information to me, however, I may not be able to effectively assist you. No use of the information will be made outside the Department of Defense. A copy of the Statement of Counseling will be maintained in your MPRJ until this action is completed, at which time it will be destroyed. My authority for requesting this information is Section 3013, Title 10, United States Code. The purpose of this counseling is to inform you of the options, entitlements, and responsibilities in connection with your pregnancy. Information on your entitlements: a. Retention or separation: (1) You may request separation or elect to remain on active duty. (2) For more information, see paragraph 8-9. b. Maternity care: (1) If you remain on active duty you will receive treatment in a military facility or in a civilian facility, if there is no military maternity care available within 30 miles of your location. If you separate, you are authorized treatment only in a military facility that has maternity care. You are NOT authorized care in a civilian facility at Government expense. (2) For more information, see AR 40-3, paragraph 2-35 for care while on active duty; AR 40-3, paragraph 4-44, for care after separation. c. Leave: (1) You may request ordinary, advance, and excess leave in order to return home, or other appropriate place, for the birth of your child or to receive other maternity care. Such leave usually terminates with onset of labor. C-2

142 (2) Nonchargeable convalescent leave for postpartum care is limited to the amount of time essential to meet your medical needs. (3) For more information, see AR 630-5, chapter 9, section II. d. Maternity clothing and uniforms: (1) Military maternity uniforms will be provided to soldiers. (2) For more information, see AR 670-1, chapter 4. e. BAQ and Government quarters: (1) Availability depends on the status of quarters at your installation. (2) For more information, see Post Housing Office. f. Assignments: (1) You will not normally receive PCS orders directing movement overseas during your pregnancy. However, you will be considered available for unrestricted worldwide assignment upon completion of postpartum care. (2) For more information, see AR , paragraph 3-3. g. Separation for unsatisfactory performance, misconduct, or parenthood: (1) If your performance or conduct warrant separation for unsatisfactory performance or misconduct, or if parenthood interferes with your duty performance, you may be separated involuntarily even though you are pregnant. (2) For more information, see paragraph 5-8 and chapters 11, 13, and 14. h. Family care counseling: (1) You must have an approved family care plan on file stating actions to be taken in the event you are assigned to an area where dependents are not authorized or you are absent from your home on military duty. Failure to develop an approved care plan will result in a bar to reenlistment. (2) For more information, see Post Housing Office. Should you desire assistance in gathering additional Information on the above subjects, I will assist you in locating the appropriate information. Further, if you desire, I will assist you in contacting the American Red Cross or other appropriate agencies. C-2

143 OFFICE SYMBOL MEMORANDUM FOR Commander, COMPANY, BATTALION, UNIT LOCATION SUBJECT: Pregnancy Counseling I affirm that I have been counseled by COMPANY COMMANDER on this date on all items on the attached counseling checklist, and I understand my entitlements and responsibilities. I understand that if I elect separation, I may receive maternity care at Department of Defense expense, on a space available basis for up to six weeks postpartum for the birth of my child only in a military medical treatment facility which has maternity care capability and that I may elect a separation date no later than 30 days prior to expected date of delivery or latest date my physician will authorize me travel, whichever is earlier. Further, I understand that many military medical treatment facilities cannot provide maternity care and that unforeseen circumstances or medical emergency could force me to use civilian medical treatment facilities following separation from active duty. Should this happen, I fully understand that UNDER NO CIRCUMSTANCES can TRICARE, any military department, or the Veterans Affairs reimburse my civilian maternity care expenses. Such costs will be a matter of my personal responsibility. Further, I understand that the separation authority, in conjunction with my military physician based on the needs of the Army, will determine my separation date. I also understand that if I should remain on active duty, I will be expected to fulfill the terms of my enlistment contract. If I elect to remain on active duty, I understand that I must remain available for unrestricted service on a worldwide basis when directed and that I will be afforded no special consideration in duty assignments or duty stations based on my status as a parent. SOLDIERS NAME RNK, USA C-2

144 OFFICE SYMBOL MEMORANDUM FOR RANK SOLDIERS FIRST M. LAST NAME, SSN, COMPANY, BATTALION, UNIT LOCATION SUBJECT: Pregnancy Counseling Request your election of appropriate option indicated below and return within days. COMPANY COMMANDER NAME RNK, BRANCH Commanding During the counseling session there was no coercion on the part of the counselor influencing my decision. I elect separation for reason of pregnancy per AR , Chapter 8. I desire to remain on active duty until. (In no case later than 30 days prior to expected date of delivery.) I elect to remain on active duty to fulfill the terms of my enlistment contract. 1 Copy Soldier 1 Copy File SOLDIERS NAME RNK, USA C-2

145 Soldier s Training Manual Paralegal Specialist (27D) Appendix Chain of Command Appendix A Appendix B Appendix C Appendix D Appendix E Appendix

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147 Soldier s Training Manual Paralegal Specialist (27D) 54 TH INFANTRY DIVISION (MECHANIZED) FORT ATTERBURY, INDIANA HQ, 54 TH ID (M) AJJ-CG MAJOR GENERAL JAMES R. FRANKLIN HHC, 54 TH ID (M) AJJ-HHC CPT KAREN T. GREGORY, AG SJA AJJ-JA COL THOMAS LANDRY, JA 1 ST BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) HQ, 1 ST BDE AJJ-BA COL OSCAR B. JOHNSON, IN HHC, 1 st BDE AJJ-BA-HC CPT JAMES R. THOMAS, IN TC AJJ-BA-TC CPT W. D. JAMISON, JA 154 TH BRIGADE SUPPORT BATTALION 154 TH BSB AJJ-BA -S LTC SUSAN B. TRAVIS, LG HHC, 154 TH BSB AJJ-BA -SH CPT R. J. THERRIN, LG CO A, 154 TH BSB AJJ-BA -SA CPT STEPHANIE O. LYONS, LG CO B, 154 TH BSB AJJ-BA -SB CPT BERT W. EARLY, LG CO C, 154 TH BSB AJJ-BA -SC CPT PIPER Y. DAVIS, LG 1 ST BATTALION 12 TH INFANTRY HQ, 1/12 IN AJJ-BA-A LTC HUGH R. McDERMOTT, IN HHC, 1/12 IN AJJ-BA-AH CPT ANDREW G. DAVIDSON, IN CO A, 1/12 IN AJJ-BA-AA CPT ULYSESS Y. BETHIN, IN CO B, 1/12 IN AJJ-BA-AB CPT HARRY J. KLUM, IN CO C, 1/12 IN AJJ-BA-AC CPT RALPH W. SIMPSON, IN Appendix Chain of Command

148 Soldier s Training Manual Paralegal Specialist (27D) 2 ND BATTALION 12 TH INFANTRY HQ, 2/12 IN AJJ-BA-B LTC THAD S. FRANCIS, IN HHC, 2/12 IN AJJ-BA-BH CPT JORGE CAMPOS, IN CO A, 2/12 IN AJJ-BA-BA CPT VICTOR H. ROTH, IN CO B, 2/12 IN AJJ-BA-BB CPT MICHAEL O. MYERS, IN CO C, 2/12 IN AJJ-BA-BC CPT FREDERICK J. GAINES, IN 1 ST BATTALION, 4 TH ARMOR HQ, 1/4 AR AJJ-BA-C LTC THOMAS L. CHUNG, AR HHC, 1/4 AR AJJ-BA-CH CPT LAMONT W. MARKS, AR CO A, 1/4 AR AJJ-BA-CA CPT CHESTER I. PAUL, AR CO B, 1/4 AR AJJ-BA-CB CPT XAVIAR S. HAMMOND, AR CO C, 1/4 AR AJJ-BA-CC CPT SCOTT C. GIBSON, AR 2 ND BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) HQ, 2 ND BDE AJJ-BB COL ROCKO G. VALENTINE, IN HHC, 1 st BDE AJJ-BB-HC CPT HENRY D. WEST, IN TC AJJ-BB-TC CPT COLIN Y. ROBERTS, JA Appendix Chain of Command

149 Soldier s Training Manual Paralegal Specialist (27D) 254 TH BRIGADE SUPPORT BATTALION 254 TH BSB AJJ-BB -S LTC JAIME L. MONTENEZ, LG HHC, 254 TH BSB AJJ-BB -SH CPT PAUL R. SHIPLEY, LG CO A, 254 TH BSB AJJ-BB -SA CPT AMANDA Y. JANKX, LG CO B, 254 TH BSB AJJ-BB -SB CPT IVAN H. BALBOA, LG CO C, 254 TH BSB AJJ-BB -SC CPT WENDY K. HARRIS, LG 1 ST BATTALION, 68 TH INFANTRY HQ, 1/68 IN AJJ-BB-A LTC YVES H. LOCK, IN HHC, 1/68 IN AJJ-BB-AH CPT STEPHEN G. WILLETT, IN CO A, 1/68 IN AJJ-BB-AA CPT JONATHAN R. HAYNESWORTH, IN CO B, 1/68 IN AJJ-BB-AB CPT RICHARD J. CORBIN, IN CO C, 1/68 IN AJJ-BB-AC CPT LAWRENCE T. STIHL, IN 2 ND BATTALION 68 TH INFANTRY HQ, 2/68 IN AJJ-BB-B LTC GEORGE T. STANLEY, IN HHC, 2/68 IN AJJ-BB-BH CPT HERBERT W. DAVEY, IN CO A, 2/68 IN AJJ-BB-BA CPT ROBERTO ORTIZ, IN CO B, 2/68 IN AJJ-BB-BB CPT KEITH L. WYANT, IN CO C, 2/68 IN AJJ-BB-BC CPT SCOTT P. KILGORN, IN Appendix Chain of Command

150 Soldier s Training Manual Paralegal Specialist (27D) 2 ND BATTALION, 4 TH ARMOR HQ, 2/4 AR AJJ-BB-C LTC WALTER Q. GEE, AR HHC, 2/4 AR AJJ-BB-CH CPT DIRK S. BENTLEY, AR CO A, 2/4 AR AJJ-BB-CA CPT VIC T. BROOKS, AR CO B, 2/4 AR AJJ-BB-CB CPT JAYSONE J. MARTIN, AR CO C, 2/4 AR AJJ-BB-CC CPT ROOSEVELT G. PHELPS, AR 3 rd BRIGADE, 54 TH INFANTRY DIVISION (MECHANIZED) HQ, 3 RD BDE AJJ-BC COL FRANK R. MYERS, AR HHC, 3 RD BDE AJJ-BC-HC CPT ERIC F. BABCOCK, AR TC AJJ-BC-TC CPT TYRONIUS LAW, JA 354 TH BRIGADE SUPPORT BATTALION 354 TH BSB AJJ-BC -S LTC SAM U. ADAMS, LG HHC, 354 TH BSB AJJ-BC -SH CPT GEORGE I. KILLIAN, LG CO A, 354 TH BSB AJJ-BC -SA CPT JAMES P. BEAM, LG CO B, 354 TH BSB AJJ-BC -SB CPT JOE R. CUERVO, LG CO C, 354 TH BSB AJJ-BC -SC CPT JACK A. DANIELS, LG Appendix Chain of Command

151 Soldier s Training Manual Paralegal Specialist (27D) 1 ST BATTALION, 3 RD ARMOR HQ, 1/3 AR AJJ-BC-A LTC FRED D. FLINTSTONE, AR HHC, 1/3 AR AJJ-BC-AH CPT BARNEY J. RUBBLE, AR CO A, 1/3 AR AJJ-BC-AA CPT PETER I. AMAZING, AR CO B, 1/3 AR AJJ-BC-AB CPT PAUL W. CRUNCH, AR CO C, 1/3 AR AJJ-BC-AC CPT PAUL D. LAWRENCE, AR 3 RD BATTALION, 3 RD ARMOR HQ, 3/3 AR AJJ-BC-B LTC GARY E. PIKE, AR HHC, 3/3 AR AJJ-BC-BH CPT OSCAR ENGLAND, AR CO A, 3/3 AR AJJ-BC-BA CPT ROGER A. CARMEL, AR CO B, 3/3 AR AJJ-BC-BB CPT WILLIAM E. LATONA, JR., AR CO C, 3/3 AR AJJ-BC-BC CPT THOMAS R. ANDERSON, AR 3 RD BATTALION, 12 TH INFANTRY HQ, 3/12 IN AJJ-BC-C LTC BROCK L. ARNOLD, IN HHC, 3/12 IN AJJ-BC-CH CPT JOSPEH M. VELAZQUEZ, IN CO A, 3/12 IN AJJ-BC-CA CPT RANDALL J. STEVENSON, IN CO B, 3/12 IN AJJ-BC-CB CPT JERRY D. SANDERS, IN CO C, 3/12 IN AJJ-BC-CC CPT JEFFREY K. HARRIS, IN Appendix Chain of Command

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153 Soldier s Training Manual Paralegal Specialist (27D) Appendix A Answer Key & Examples for The Basics Exercises Appendix A

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155 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Identify Staff Judge Advocate Operations 1. The SJA is a member of the Commander s personal staff and the special staff. 2. The Deputy Staff Judge Advocate 3. A Warrant Officer who has special training in law office management and operations. 4. The Command/Chief Paralegal NCO is the senior enlisted Soldier in the Office of the Staff Judge Advocate, normally in the rank of: Sergeant Major (Division & Corps), Master Sergeant (Theater Sustainment Command s & certain installations), or Sergeant First Class (small installations). 5. The Paralegal Specialist/NCO provides Paralegal and clerical support in all core legal disciplines under the supervision of the SJA, Division Chief, and Judge Advocates. 6. Brigade Operational Law Team. Appendix A A-1

156 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Prepare Military Correspondence 1. Normally three, but may include four if the organization will not fit on one line. 2. When a reply is required by a particular date. 3. No, the second line. 4. The third line below the subject line. 5. No, the signature block begins at the center of the page. 6. No, only when a designated individual is signing the correspondence for someone else. 7. No 8. No, begin numbering with the second page. The number is placed one inch from the bottom, centered on the page. Appendix A A-2

157 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Use JAGCNet 1. Step 1: Click on the Center for Law and Military Operations (CLAMO) link on the JAGCNet front page. Step2: Click the Books available for download or distribution link under Publications. Step 3: Click the link below the most recent handbook to download it. 2. Two; AKO Log-in and CAC Log-in. 3. From the JAGC Leadership link. 4. Step 1: Click on the JAGC Directory link from the JAGCNet home page. Step 2: Click on the JAG Directory tab in the center of the page. Step 3: Select FORSCOM-3INFDIV in the Major Command Directories section. Step 4: Ensure the dropdown is set to USA.AC and select any View By category you desire. 5. Step 1: Click on the JAGC History link on the top right hand side of the JAGCNet front page. Step 2: Click on the History of the Hall link on the left hand side of the page. Appendix A A-3

158 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Conduct Law Library Research 1. Article 86 a. That the accused absented himself or herself from his or her unit, organization, or place of duty at which he or she was required to be; b. That the absence of the accused was without authority; c. That the absence was for a certain period of time; d. That the accused intended to avoid all or part of a period of maneuvers or field exercises. 2. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months. 3. Military Justice Digest. 4. Key Note Title 26, United States Code. 6. The pocket part at the back of the book, which is updated annually. 7. Rule for Courts-Martial 307(c)(4), Multiple Offenses, Discussion. 8. Title 28, Part I, Chapter 1, The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum. Appendix A A-4

159 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Conduct Automated Legal Research Using Westlaw Scenario 1: 1. Title 50 (Act begins with 50 App USCA 501) 2. The UCMJ begins at Title 10, Chapter 47 (10 USCA Chapter 47) 3. Using the statutes index for the USCA database, type in assault weapons into the text search box, and the result is a list of the federal statutes that discuss assault weapons. Scenario 2: 1. Larnell E. Peel 2. David W. Dawson 3. Jamal D. Wilson 4. Terry H. Cox Scenario 3: 1. Go to the PPL-ALL-PRIV database from the Public Records window on the Army JAG tab. 2. Select a Permissible Use. 3. Input Mickey Mouse name into the template. 4. Select California from the state drop down list, or click in the box next to CA if states display collectively. 5. Click search. A-5 Appendix A

160 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Comply with the Rules for Professional Responsibility Scenario 1: 1. This problem highlights the definition of professional misconduct and every attorney s responsibility to report professional misconduct. When confronted with this report, you should ask yourself whether or not the conduct is tantamount to professional misconduct. Finally, ask whether or not the conduct raises a substantial question regarding the lawyer s honesty, trustworthiness or fitness to practice law. a. First, does the anonymous call give you knowledge of anything to which you must report? Rule 8.3 (Reporting Professional Misconduct) does not give a definition of the quantum evidence you must have before making a report. The terminology section of the rules defines knows as actual knowledge; a person s knowledge may be inferred from circumstances. AR 27-1, para. 7-2, requires supervisory lawyers at all levels to review an alleged or suspected violation of the rules. They must then report credible alleged or suspected violations. An alleged or suspected violation is credible if the information received provides a reasonable belief that a violation occurred. AR 27-1, Paragraph 7-2b. b. You must decide, based upon your initial review of the allegation, whether the anonymous report is credible. If you decide the allegation is not credible, do not report it. Keep a copy of any correspondence on file. AR 27-1, Paragraph 7-2b. c. If you decide the allegation is credible, is the conduct professional misconduct? Begin with the Trial Counsels possible adultery. Assuming the Trial Counsels are having an affair, they are certainly involved in criminal misconduct. A criminal act can amount to professional misconduct if it reflects adversely on the lawyer s honesty, trustworthiness, or fitness as a lawyer in other respects, Rule 8.4(c). Additionally, the preamble to the Army Rules says that a lawyer s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer s personal affairs. d. The comment to Rule 8.4, though, specifically discusses whether adultery is professional misconduct. It says illegal conduct concerning matters of personal morality, such as adultery and comparable offenses have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to practice law. The comment indicates that, unless there are additional factors which tie this alleged adultery to fitness to practice law, the conduct would not rise to level of professional misconduct. Appendix A A-6

161 Soldier s Training Manual Paralegal Specialist (27D) 2. The situation could be entirely different if the Trial Counsel and Military Judge are having an affair, particularly if the Trial Counsel is practicing before the judge. a. Rule 8.4(d) says it is professional misconduct to engage in conduct that is prejudicial to the administration of justice. This conduct is certainly prejudicial to the administration of justice because it violates both The Code of Judicial Conduct and R.C.M Both indicate that the judge shall disqualify himself or herself in a proceeding in which the judge s impartiality might reasonably be questioned. A Military Judge having a sexual relationship with the Trial Counsel disqualifies them because of impropriety. United States v. Berman, 28 M.J. 615 (A.F.C.M.R. 1989). Assuming the Military Judge has not disqualified themselves from cases handled by the Trial Counsel, their conduct amounts to professional misconduct. b. You could determine that the Trial Counsel, likewise, has committed professional misconduct. Rule 8.4 says that it is professional misconduct for a lawyer to knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct. Further, the ABA Standards for Criminal Justice, Special Functions of the Prosecutor, Standard states that a prosecutor should carefully strive to preserve the appearance as well as the reality of the correct relationship which professional traditions, ethical codes, and applicable law require between advocates and judges. c. Assuming both the Military Judge and the Trial Counsel have engaged in professional misconduct, Rule 8.3(a) requires you to report the violation when you have knowledge of another lawyer committing a violation of these Rules of Professional Conduct that raises a substantial question as to that lawyer s honesty, trustworthiness, or fitness as a lawyer in other respects. Further, Rule 8.3(b) says you must report knowledge that a judge has committed a violation of applicable rules of judicial conduct if the violation raises a substantial question as the judge s fitness for office. This conduct certainly reflects on the trustworthiness and fitness of both lawyers. It should be reported. Scenario 2: It is everyone s responsibility to stop the unauthorized practice of law. It illustrates how difficult it is to differentiate between legal technician performing a ministerial function, and one providing legal advice which requires the training, expertise, and certification of a licensed attorney. a. Rule 5.5 states that a lawyer shall not assist another in the unauthorized practice of law. The comment states that the lawyer may delegate legal work to subordinates as long as the lawyer supervises the legal work and remains responsible for it. A-6 Appendix A

162 Soldier s Training Manual Paralegal Specialist (27D) b. The scenario presents a questionable case of unlicensed practice of law. One interpretation is that the Paralegal Specialist is advising the Commander whether the Article 15 offense should be FTR or AWOL. They are making a legal conclusion as to the elements of each offense. This is legal advice and should come from the Trial Counsel. It would have been appropriate for the Paralegal Specialist to act as a conduit between the Trial Counsel and the Commander where the Trial Counsel is responsible for the advice. In this instance, however, it is apparent the Paralegal Specialist intercepted the Commander s question, made a legal conclusion, and rendered the advice, not a lawyer. c. Another approach, however, is that the Paralegal Specialist s response is not the practice of law, but merely the performance of military duties. Paralegal Specialist are expected to assist Commanders in the preparation of numerous actions (e.g. Article 15s, administrative separations packets). These actions normally do not require any attorney involvement, but the local practice may be to require a Trial Counsel to review the paperwork. Further, each jurisdiction is entitled to define what is considered the practice of law within that jurisdiction. d. Remember that Rule 5.3 makes all lawyers responsible for the actions of their non-lawyer assistants. First, if the lawyer either orders an action or ratifies it, the lawyer is responsible. Second, if the lawyer knows of the conduct when its consequences can be avoided or mitigated, and fails to take such action, the lawyer is responsible. e. In this scenario, the Paralegal Specialist should be closely supervised to ensure they are not giving advice which equates to the practice of law. f. If an improper practice has been occurring with the knowledge of the supervisor of these non-lawyers, you need to consider whether that lawyer s actions give rise to a substantial question regarding his or her fitness to practice law. It may be necessary to initiate a professional inquiry against that lawyer under Rule 8.3 and AR A-6 Appendix A

163 Soldier s Training Manual Paralegal Specialist (27D) Answer Key Manage Legal Manpower 1. Requirements document. 2. Authorizations documents. 3. An organization assigned with primary responsibility for a specific organization or functional area. 4. Court Reporter Appendix A A-7

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