Admitting nonrelated (other past misconduct) formal Article 15s during the presentencing proceeding.

  1. Admissible at trial by court-martial during presentencing as a record from personnel records. R.C.M. 1001(b)(2).
  2. The record needs to be properly completed and properly maintained. Possible objections to the admissibility of records of nonjudicial punishment include:
    1. Record of nonjudicial punishment is incomplete.
  • g., United States v.Rimmer , 39 M.J. 1083 (A.C.M.R. 1994) (holding that record inadmissible because the form had no indication whether soldier appealed). See also United States v. Godden , 44 M.J. 716 (A.F. Ct. Crim. App. 1996) (holding that administrative errors on record did not affect any procedural due process rights of appellant and record admissible).
  • Record not maintained in accordance with regulation.
  • g., United Statesv. Weatherspoon
  • , 39 M.J. 762 (A.C.M.R. 1994) (finding that record maintained in Investigative Records Repository was not a personnel record maintained in accordance with regulation because regulation specifically stated that records of courts-martial or nonjudicial punishment would not be maintained under its authority). Nonjudicial Punishment (NJP)
  • Record does not indicate that the accused had the opportunity to consult with counsel and the accused waived his/her right to demand trial by court-martial. U.S. v. Booker, 5 M.J. 238 (C.M.A. 1978); U.S. v. Kelley, 45 M.J. 259 (1996).
  • Record does not have discernible signatures. United States. v. Dyke , 16 M.J. 426 (C.M.A. 1983).
  • Appeal incomplete. United States v. Yarbough, 33 M.J. 122 (C.M.A. 1991).
  • Irregular procedure. United States v. Haynes , 10 M.J. 694 (A.C.M.R. 1981).
  • May be considered in administrative proceedings.

Real Costs of a COURT MARTIAL Conviction and Discharge

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