-

Exhibits (NOTE.-Exhibits follow in numerical order, then any rejected documents ordered appended, and then any recommendations and other papers relating to clemency.

Binding The papers forming the complete record will be securely bound together at the top.

Bulky exhibits Bulky exhibits, such as a pistol, will not ordinarily be attached to the record. When advisable or necessary, a description or photograph of such an exhibit may be attached as an exhibit, statement of the substitution being made in the record.)

Revision of record

When court amends record The court was closed and amended the record by (inserting between lines and

page the words "The members of the court and the personnel of the prosecution were then sworn"). The court was opened and

(or) When court adheres to decision The court was closed and respectfully adheres to its former (indings) (sentence) (findings and sentence).

(NOTE.—Continue as before indicated with reference to adjournment or proceeding to other business.)

Authentication (NOTE.—The record of revision proceedings is authenticated as indicated above for the record of principal trial.) Certificate of correction

19.. United States

v.

on

00

(Place)

19 The court reconvened at o'clock m., pursuant to the following Indorsement:

Indorsement convening court (NOTE.-Insert copy of Indorsement.)

Accounting for personnel All the members of the court, and the personnel of the prosecution who were present at the close of the previous session in this case were present (except)

(NOTE.-Account for personnel as before, no mention being made of those not present at the close of the previous session in the case. No member will sit in revision proceedings who was not present at the previous session in the case.)

(NOTE.-11 the accused and the personnel of the defense are present, that fact will be stated. See 83.)

Indorsement read The trial judge advocate read to the court the foregoing Indorsement. When court revokes findings and sentence

The court was closed and revoked its former findings and sentence, and upon secret written ballot

(NOTE.—Continue as before indicated with reference to the findings. If the new findings include a finding of guilty the record continues:)

The court upon secret written ballot

(NOTE.-Continue as before indicated with reference to the sentence, announcement of findings and sentence, and adjournment or proceeding to other business. If new findings do not include a finding of guilty, the record continues as before indicated for opening the court, announcing an acquittal, adjournment, etc.)

When court revokes sentence The court was closed and revoked its former sentence and upon secret written ballot

The record of trial in the above case, which was tried by the General Court-Martial appointed per

S. O.

------, Hq. dated

19.., at 19.-, is corrected by the Insertion on page immediately following line

of the following:

Correction was sworn as reporter". This correction is made because the reporter was sworn at the time of trial but a statement to that effect was omitted, by error, from the record.

Authentication (NOTE.—The certificate of correction is authenticated as indicated above for the record of trial.)

Accused's receipt for certificate Copy of the certificate received by me this day

19...

Name, Army Serial No.

Binding record (NOTE.—The record of revision will be bound with the original record, before the exhibits.) B. CERTIFICATE OF MEMBERS OF PROSECUTION

AND DEFENSE

(Place)

19...

(Date) I certify that I am not a member of the bar of a Federal Court or of the highest court of a State of the United States.

(or) I certify that I am a member of the bar of (the United States District Court for the

District of ------) (the Supreme

(NOTE.-Continue as before indicated with reference to the sentence, announcement of sentence, adjournment, etc.)

was

C. ARRANGEMENT OF RECORD WITH ALLIUD

PAPERS When forwarded by the reviewing authority, records of trial by general courtmartial should be arranged and bound with allied papers as follows:

1. Chronology Sheet.
2. General Court-Martial Data Sheet.

3. General Court-Martial Order, 6 copies, plus one copy for each accused in excess of one.

4. Review of Staff Judge Advocate, in duplicate.

5. Charge Sheet.

6. Report of investigating officer, required by 35a and Article 46 (b), followed by any other papers which accompanied the charges when referred for trial, unless included in the record proper.

7. Advice of Staff Judge Advocate, required by 350 and Article 47 (b).

8. Copy of reporter's voucher.

9. Any copies of the record not otherwise utilized.

10. Records of former hearings.

11. Record of trial proper in the following order: index sheet; receipt of accused, or certificate of trial judge advocate covering delivery of copy of record; Special Order appointing the court and amending orders, If any; record of proceedings in court; any certificates of qualification of counsel (56, 85); action of reviewing authority; exhibits; clemency papers; offered exhibits not received in evidence.

The court met pursuant to the orders appointing it at

o'clock, m., all the personnel of the court being present (except as follows:)

(NOTE.-List absentees.)

The accused and the regularly appointed defense counsel, (or counsel introduced by him,) viz,

and

were present. (------ was sworn as reporter and as interpreter.)

The trial judge advocate stated that no member of the prosecution had acted as member, defense counsel, assistant defense counsel, or investigating officer in the case. The defense counsel

then asked whether any member of the defense had acted as investigating oficer, member, or trial judge advocate in the case.

(NOTE.—If no defense counsel had so participated, it will be so stated.

If a member of the defense had acted as investigating officer, etc., the record will show that the trial judge advocate explained to the accused that such counsel could represent him only at his express request and that the accused so requested or that suitable action was taken, either by excusing the particular counsel, or by adjournment pending the procurement of a counsel satisfactory to the accused.)

The trial judge advocate announced that the accused had (not) made a request in writing that the membership of the court include enlisted persons.

(NOTE.—This announcement will not be made if the accused is not an enlisted person.)

The following members of the court were excused and withdrew for the reasons stated opposite their respective names: Capt.

(excused without challenge as being the accuser). Lt.

(excused upon challenge for cause). Lt.

(excused upon peremptory challenge).

There was no contest with respect to the excusing of any of the officers named (except as follows:)

(NOTE.—Insert a summary of the entire proceedings had with respect to each contest.)

The accused having been given full opportunity to exercise his rights as to challenge, the members of the court and the personnel of the prosecution were sworn.

(NOTE.-Record continues as provided for a general court-martial up to arraignment.)

The accused was then arraigned upon the charges and specifications appended and marked Prosecution Exhibit

(charge sheet).

(NOTE.—The record continues as provided in App. 6 for a general court-martial, subject to limitations noted above. Data as to service, etc., need not be recorded. For form of certificate of qualifications of counsel, see App. 66.)

APPENDIX 7-FORM FOR RECORD OF TRIAL BY

SPECIAL COURT-MARTIAL (NOTE.-See note at head of App. 6. If offenses of which the accused is charged would, upon conviction, support a sentence including a bad conduct discharge, unless the appointing authority directs otherwise all testimony should be reported verbatim and a complete record of trial prepared substantially in the form set forth in App. 6 for trials by general court-martial. See 34h and A. W. 13. For other cases, summarized report of testimony, objections and other proceedings is permitted, index is not required, and an original record only is essential. For use of reporter see 460.) Proceedings in the trial of Private Company

Infantry, by (A. S. N.) the special court-martial appointed by the orders of which copies are appended marked Prosecution Exhibit

(Place)

Entered on service record in case of conviction,

/8/ C. F. S. (Initials of personnel adjutant)

APPENDIX 9-FORMS OF SENTENCES A sentence adjudged by a court-martial should follow substantially one of the following forms or any necessary modification or combination of such forms. Forfeitures, fines, and detentions will be expressed in dollars or dollars and cents.

1. To have --- dollars of his pay detained." 2. To have

dollars per month for months detained. 3. To forfeit

dollars of his pay. 4. To forfeit

dollars per month for months (or one year). 5. To perform hard labor for days (or months).3

6. To be confined at hard labor, at such place as proper authority may direct, for

days (or months or years).* 7. To be confined at hard labor, at such place as proper authority may direct for

months and to forfeit dollars per month for a like period.

8. To be dishonorably discharged the service (and) to forfeit all pay and allowances to become due after the date of the order directing execution of the sentence, and to be confined at hard labor, at such place as proper authority may direct for (months) (years).

9. a. To be discharged from the service with a bad conduct discharge, (to forfeit

dollars pay per month for months and to be confined at hard labor at such place as proper authority may direct for

months). b. To be discharged from the service with a bad conduct discharge, ((and) to forfeit all pay and allowances to become due after the date of the order directing execution of the sentence] (and to be confined at hard labor at such place as proper authority may direct for --- (months) (years))."

10. To be reduced to the lowest enlisted grade.

11. To be admonished. 12. To be reprimanded.

13. To be restricted to the limits of his post (or other place) for

months. 14. To be suspended from duty for months. 15. To be suspended from command for

months. 16. To be suspended from rank for months.

17. To be dismissed the service, 10 (to for

3. Was the meaning and effect of a plea of guilty explained to the accused?

Yes No (Strike out word not applicable)

TO BE FILLED IN BY SUMMARY COURT:

Number of prior convictions considered 1.

Place Fort Dix, N. J., Date 9 September 1949

*/s/ Charles B. Foster, Major, 181st Inf. (Signature, rank and organization)

Summary Court. CHARLES B. FOSTER • (Enter after signature, "Only officer present

with command", if such is the case.) Headquarters 181st Inf., Fort Dix, N. J., 11 September 1949.

(Organization, place and date)

feit all pay and allowances to become due after the date of the order directing execution of the sentence) (and to be confined at hard labor at such place as proper authority may direct for

(months) (years) ]. 18. To pay to the United States a fine of

dollars (and to be confined at hard labor at such place as proper authority may direct, until said fine is so paid, but for not more than

months (or years) ).11 19. To pay to the United States a fine of

dollars, (to be confined at hard labor, at such place as proper authority may direct, for

months (or years) ), (and to be further confined at hard labor until said fine is so paid, but for not more than months (or years), in addition to months (or years) hereinbefore adjudged).11

20. To be dishonorably discharged from the service, to forfeit all pay and allowances to become due after the date of the order directing execution of the sentence, and to be confined at hard labor at such place as proper authority may direct for the term of his natural life.

21. To be put to death in such manner as proper authority may direct.

FOOTNOTES 1. Appropriate in the case of enlisted persons only. (1169). For other limitations see 117b.

2. For limitations in cases of enlisted persons see 1176.

3. Not to exceed three months (116i and A. W. 14).

4. In the case of soldiers, a single sentence which does not include dishonorable discharge or bad conduct discharge may not include confinement at hard labor for a period greater than one year (1176).

5. See 116g.

6. A special court-martial may not adjudge forfeiture of more than two-thirds pay per month for six months even though a bad conduct discharge is adjudged (A. W. 13).

7. See 117c; A. W. 12; A. W. 13.

8. Not to exceed three months (116), A. W. 14).

9. See 116h.

10. Applicable in the case of commissioned officers only (116c).

11. See 116g, 117c, Section B. APPENDIX 10_FORMS FOR ACTION BY REVIEWING

AUTHORITY (NOTE.-Show headquarters, place, and date of action. Signature is follow by rank, organization, and the word "Commanding". The forms are not mandatory and are not intended to provide for every case.)

GENERAL COURT-MARTIAL a. Forms of action in cases not requiring 'confirmation under A. W. 48a, c (2), C (3), and c (4), and cases not involving dishonorable or bad conduct discharge not suspended, or confinement in a penitentiary (A. W. 50e): 1. In the foregoing case of

tence is approved and will be duly executed (or is disapproved).

2. In the foregoing case of ---- the sentence is approved, but owing to the length of time the accused has been in confinement,

days (or months) of the confinement adjudged are remitted. As thus modified the sentence will be duly executed.

is designated as the place of confinement. 3. In the foregoing case of

the find. ings of guilty of Specifications 1 and 2, Charge II, are disapproved. (The sentence is approved and will be duly executed.) (Only so much of the sentence as provides for

is approved and will be duly executed.) (------ is designated as the place of confinement.)

4. In the foregoing case of --- only so much of the findings of guilty of Charge I and its specification as involves findings that the accused absented himself without leave at the place and time alleged and remained so absent until

in violation of Article of War 61, is approved. Only so much of the sentence as provides for

is approved and will be duly executed.

is designated as the place of confinement.

5. In the foregoing case of ---- only so much of the finding of guilty of Specification 1 with respect to value as finds some value not in excess of

is approved. Only so much of the sentence as provides for ---- is approved and will be duly executed.

is designated the place of confinement. 6. In the foregoing case of

the sentence is approved, but the execution thereof is suspended.

7. In the foregoing case of ------ the sentence is approved and will be duly executed, but the execution thereof, in so far as it relates to forfeiture of pay (or to confinement), is suspended. 8. In the foregoing case of

the sentence is disapproved and a rehearing is ordered before another court to be hereafter designated. 9. In the foregoing case of

the sentence is approved and will be duly executed.

is designated as the place of confinement.

10. In the foregoing case of the sentence is approved and will be duly executed, but the execution of that portion thereof adjudging dishonorable (or bad conduct) discharge is (suspended) (suspended until the soldier's release from continement.

is designated as the place of confinement.)

b. Forms of action in cases wherein the order of execution is withheld pending appellate review under A. W. 500: 1. In the foregoing case of

the sentence is approved (but the period of confinement is reduced to ------).

1s designated as the place of confinement. Pursuant to A. W. 50e the order directing the execution of the sentence is withheld. 2. In the foregoing case of

the sentence is approved but the dishonorable dis

RTIAL]

charge is mitigated to a bad conduct discharge. Pursuant to A. W. 50e the order directing the execution of the sentence is withheld. 3. In the foregoing case of

------ so much of the sentence to confinement as is in excess of years is disapproved.

is designated as the place of confinement. Pursuant to A. W. 50e the order directing the execution of the sentence is withheld. (NOTE.—This form is appropriate in cases in which the court has adjudged a sentence to life imprisonment, but which the reviewing authority disapproves in part under the provisions of A. W. 47 (1) (2). It is to be noted, however, that the reviewing authority under A. W. 47 (1) (2) may exercise only his power to disapprove and that he does not have the power under A. W. 51a to mitigate, remit, or suspend a sentence to life imprisonment, that power being reserved to the confirming authority as the authority competent to order the execution of the sentence.)

4. In the foregoing case of pursuant to A. W. 50, the finding of guilty of Specification is disapproved. Only so much of the sentence as provides for is approved and will be duly executed.

is designated as the place of confinement. (NOTE. Form for supplementary action pursuant to holding of legal insufficiency in the office of The Judge Advocate General.)

c. Forms of action in cases requiring confirmation under A. W. 48a, c(2), C(3), and C(4): 1. In the foregoing case of

the sentence is approved, (but the period of confinement is reduced to -----). The record of trial is forwarded for action under Article of War 48. 2. In the foregoing case of

only so much of the findings of guilty of Charge I and its specification is approved as finds the accused guilty of the specification in violation of Article of War 96. The sentence is approved but it is recommended that the sentence to dismissal be commuted to The record of trial is forwarded for action under Article of War 48.

APPENDIX 11 FORMS FOR ORDERS OF PROMULGATION—FORMS

FOR ORDER REMITTING UNEXECUTED PORTIONS OF SENTENCE-FORMS FOR ORDERS VACATING ILLEGAL SENTENCES-FORMS FOR ORDERS VACATING SUSPENSIONS

a. Forms for Orders of Promulgation.-(1) The following form may be used in general court-martial cases involving dishonorable discharge, bad conduct discharge and (with exception noted) penitentiary confinement. Orders in cases requiring confirmation by the President, or those involving life imprisonment, dismissal of an officer or the dismissal or suspension of a cadet will be promulgated by Headquarters, Department of the Army. GENERAL COURT-MARTIAL ORDERS No. 7 Headquarters, 97th Infantry Division

19... Before a general court-martial which convened at

pursuant to paragraph Special Orders No. Headquarters, 97th Infantry Division,

19.-, as amended by paragraph --, Special Orders No. ------, Headquarters, 97th Infantry Division,

19.. was arraigned and tried: Private John Doe, 37024891, Company F, 303rd Infantry.

Charge I: Violation of the 58th Article of War.

Specification: In that Private John Doe, Company F, 303rd Infantry, did at Fort Jackson, South Carolina, on or about 27 March 1949, desert the service of the United States and did remain absent in desertion until he was apprehended at Chicago, Illinois, on or about 30 August 1949.

Charge II: Violation of the 93rd Article of War.

Specification: In that Private John Doe, Company F, 303rd Infantry, did at Fort Jackson, South Carolina, on or about 27 March 1949, feloniously steal about $27.00, lawful money of the United States, the property of Private Charles Block.

PLEAS To the specification, Charge I: "Not guilty."

To Charge 1: "Not guilty."

To the specification, Charge II: “Not guilty."

To Charge II: “Not guilty."

SPECIAL COURTS-MARTIAL NOTE.—Forms 1-9 under a above are applicable.

1. In the foregoing case of --- the sentence is approved. The record of trial is forwarded for action under Article of War 47d. (NOTE.—Form of action for convening authority in cases where a bad conduct discharge is adjudged. The officer exercising general court-martial jurisdiction to whom the record of trial is forwarded under A. W. 47d may use the forms of actions indicated in a 10, and b 1, and 4 above.)

OT

To all the specifications and charges : "Not guilty."

(NOTE.--If a plea of guilty or not guilty is not entered to a specification or charge owing, for example, to the fact that the court sustained a motion to dismiss, the facts will be briefly stated under “Pleas." In such a case the specification or charge need not be listed under "Findings.")

SUMMARY COURTS-MARTIAL 1. Approved and ordered executed (or disapproved).

is designated as the place of confinement.

2. Approved and suspended.

3. Approved and ordered executed, but the forfeiture (or confinement) is suspended.

FINDINGS of the specification, Charge I: “Guilty." Of Charge I: "Guilty."