Block VIII - Post Sentencing

Question 1

Determine step-by-step procedures for distributing the Statement of Trial Results (STR). (W)

Answer 1

The TC provides the STR to the MJ →

The Military Judge ensures the STR is prepared, and signs it. →

The SJA must sign and attach the first indorsement to the STR, which indicates yes or no to DNA processing, Firearm prohibition, DV conviction, Sex offender notif, and Fingerprint card.

If someone else signs, signature must include “Acting as Staff Judge Advocate” →

STR is distributed w/ first indorsement IAW STR/Entry of Judgement distro list on the Deskbook.

Question 2

State the purpose of an STR (Statement of Trial Results)

Answer 2

Following final adjournment of a general or special court-martial, the military judge signs an STR, which serves to notify specific individuals of:

Pleas, findings, sentence, forum, and plea agreement;

Suspension recommendation; and

Other information directed by the military judge.

Question 3

What does Expurgated mean in regards to the STR?

Answer 3

There is a version where the sensitive or classified material has been removed

Question 4

Who has the ultimate responsibility of ensuring the STR is distributed?

Answer 4

The SJA

Question 5

What does unexpurgated mean in regards to the STR?

Answer 5

It means that sensitive or classified material is in this version of the STR.

Only certain parties get the unexpurgated version

Question 6

What are the two types of STRs and what are the differences?

Answer 6

Unitary Sentencing: Referred before 1 Jan 2019, members sentenced ACC, all charged offenses occurred before 1 Jan 19 or straddling offenses, the ACC chose not to opt into new MJA16 rules.

Segmented Sentencing: Referred on or after 1 Jan 19, a MJ sentenced the ACC, all offenses occurred after 1 Jan 19, or the case has straddling offenses and ACC opted into MJA16 rules.

Question 7

State the purpose of an STR

Answer 7

memorialize the results of a trial

Question 8

When is an STR required?

Answer 8

In all SPCM and GCM that result in a conviction.

The content required is outlined in RCM 1101

Question 9

When drafting an expurgated STR, list some of the substitutions made per AFI 51-201.

Answer 9

Initials are used in place of full names when:

Children under 16 years of age, regardless of verdict

Names of minor VICs under 18 years of age when charged offense is a CP offense, regardless of verdict

Names of adult sex offense VICs, regardless of verdict

Names of VICs that meet the criteria above when listed in other offenses on charge sheet. (Ex: 1 charge of Article 128 and one charge of Article 120, in both versions, those who meet above criteria, their name must be initials).

Question 10

In a scenario environment prepare a Statement of Trial Results (STR) memorandum in accordance with instructions. (P/W)

Answer 10

Checklists and templates for the STR is on the Virtual Military Justice Deskbook on FLITEKM.

The templates/checklists tell you which version of the STR to use.

The STR is based on the sentence(s) adjudged at trial and the ACC rank is their rank at arraignment

Question 11

State basic facts about completing post-referral indexing requirements in accordance with the Gun Control Act. (W)

Answer 11

If mbr is convicted of an offense triggering a prohibition to firearms:

Referred prior to 1 Jan 19: appropriate box is annotated on Report of Result of Trial and the CM order header must say “FIREARMS PROHIBITION - 18 USC 922”

Referred after 1 Jan 19: appropriate box must be completed on 1st ind of STR.

Report of Result of Trial or STR must be signed by SJA and forwarded to local AFOSI detachment, SF, and AFOSI/XI for proper reporting

SJA or designee must inform mbrs CC of impact of conviction regarding mbrs ability to handle ammo and firearms as a part of their duties, as well as retrieval of all personal firearms and ammo.

Question 12

What documents are distributed to local AFOSI, SFS Reports and Analysis and the AF Indexing Cell?

Answer 12

All charge sheets referred to trial;

Report of Result of Trial, regardless of verdict or sentence;

Statement of Trial Results, regardless of verdict or sentence;

Court-martial orders;

Entry of Judgment;

Final order reflecting judgment of the appellate court; and

Other final disposition documentation in cases not referred to trial, where the offense investigated is a qualifying offense.

Question 13

In a scenario environment prepare a DD Form 2707, Confinement Order in accordance with instructions. (PC/W)

Answer 13

SFS usually notified of confinement potential before CM

DD Form 2707: Grade block reflects ACC grade at arraignment.

Charged offenses in block 4, can be summarized.

TC signs block 7b, another JA signs block 8d as legal review and approval. →

SFS mbr from confinement facility will receipt f/ prisoner in block 11 →

SFS keeps original and Legal gets a copy of the form at that stage →

SFS ensures prisoner gets medical exam w/in 24-hrs. Once 2707 is completed, SFS provides completed copy to legal office and it is inserted into the ROT.

Question 14

What is the purpose of the DD Form 2707?

Answer 14

The DD Form 2707, Confinement Order

Orders an accused into confinement.

Confinement is an authorized punishment for all types of C-M

Question 15

If the ACC was placed in pre-trial confinement, what does the confinement facility require?

Answer 15

A new DD Form 2707 for post-sentencing confinement.

Question 16

What is the AF Form 304?

Answer 16

Request for Appellate Defense Counsel

Question 17

What is the purpose of the AF Form 304?

Answer 17

Used by the ACC to request representation by appellate DC during the appeal process.

The ACC’s DC is responsible for ensuring this form is C/W

Question 18

Determine step-by-step procedures for preparing the request for appellate defense counsel (AF Form 304). (W)

Answer 18

To be completed as soon as possible after sentence is announced

Adequate address must be provided on the form even if ACC waives appellate review. ACC can have civilian counsel and military counsel

Original AF Form 304 is included in the ROT

The AF Form 304 is served on the mbr after the CA has taken action on their case, this is also included in the ROT.

Question 19

What must be provided on the AF Form 304 even if the ACC waives appellate review?

Answer 19

An adequate address

Cannot be the current DC’s office or the organizational address

Question 20

In a scenario environment prepare a DD Form 2704, Victim/Witness Certification and Election Concerning Inmate Status in accordance with instructions. (PC/W)

Answer 20

Section 1 contains administrative information

Form is still created if there are no VICs/Witnesses, and TC signs section 2.

Section 3 informs the VICs/Witnesses of their rights

Section 4: specifies orgs that must get a copy of the form

Section 5: Each VIC/witness makes their elections

One copy is sent to central repository, AF Sec Forces Center, confinement facility, and redacted copy to VIC/witnesses.

Question 21

What is the purpose of the VIC and WIT notification?

Answer 21

Used to notify victim(s) and/or witness(es) of certain changes in an inmate’s status, in accordance with the Victims’ Rights and Restitution Act (VRRA) and Victim and Witness Protection Act (VWPA) of 1982.

Question 22

When are VICs/Witnesses notified of the ACC status?

Answer 22

Scheduling of clemency or parole hearing

Transfer of inmate from one facility to another

Escape

Work release, furlough or any other form of release of the inmate from custody (parole supervision and inmates death)

Changes in confinement status for any emergency or special temporary home release granted

Question 23

If there are no VICs or WITs in a case, does the DD Form 2704 still get created?

Answer 23

Yes

Question 24

State why and when the submission of matters letter is served on a member convicted by court-martial. (W)

Answer 24

Notification occurs immediately after the sentence is announced

SJA, TC, or assistant TC notifies the ACC of the right to submit matters to the CA for consideration

Only submitted if there is a conviction/sentence

Question 25

Where are copies of the DD Form 2704 sent to?

Answer 25

Central Repository AF Security Forces Center Confinement Facility where ACC is in post-sentencing confinement Redacted copy goes to VIC/WIT (if app)

Question 26

Discuss the sections of the DD Form 2704

Answer 26

Section 1 – admin info Section 2 – Signed by TC after sentence announcement if the case **_does not_** have VICs/WITs. Then skip to section 4. Section 3 – Signed by TC after sentence announcement if the case **_has_** VICs/WITs Section 4 – Specifies orgs who must receive a copy of the form Section 5 – Each )VIC/WIT is listed, and make an election on notification

Question 27

If a VIC or WIT has a change in their contact information who do they contact to update their information?

Answer 27

VICs/WITs are responsible for ensuring any changes to their contact information is updated by reaching out to the **_AF Corrections Division._**

Question 28

*List the rights that are explained in the submission of matters letter. (W)*

Answer 28

Informs ACC of the right to submit matters to CA. CA will consider matters submitted but may not consider character evidence related to VIC unless it was admitted at trial Matters submitted by VIC will be provided to ACC for rebuttal Failure to submit is a waiver of the right to If ACC waives submission, it may not be revoked ACC is entitled to recording of CM and exhibits

Question 29

*State why and when the submission of matters letter is served on a **_member_** convicted by court-martial. (W)*

Answer 29

Only submitted if there is a conviction/sentence Notification occurs immediately after the sentence is announced SJA, TC, or assistant TC notifies the accused of the right to submit matters to the convening authority for consideration

Question 30

*State why and when the submission of matters letter is served on victims of the accused convicted by court-martial. (W)*

Answer 30

If ACC is found guilty and there is a VIC, the VIC has a right to submit matters before the CA takes action. TC or SJA provides a copy of letter to the VIC(s) after sentencing. VIC(s) receive same amount of time as ACC, including extension requests.

Question 31

How long does the ACC have after a SPCM and GCM to submit matters?

Answer 31

10 calendar days The CA may grant a 20 calendar days extension. Total of 30 calendar days

Question 32

How long after a SCM does the ACC have to submit matters?

Answer 32

7 calendar days CA may grant a 20 calendar day extension Total of 27 calendar days

Question 33

Where does a copy of the submission of matters letter go once the ACC signs it?

Answer 33

in the ROT to show the ACC was informed of their post-sentencing rights

Question 34

*State simple facts about preparing the victims election for a Record of Trial (ROT). (W)*

Answer 34

SJA is ultimately responsible for form completion Purpose: Indicates whether a **named** victim(s) want to receive a ROT Form includes: Case name, VIC name, phone #, and (permanent) mailing address. Served when practical. NLT conclusion of trial.

Question 35

What is the difference between adjudged forfeitures (FFs) and automatic forfeitures?

Answer 35

**Adjudged FFs:** Part of the sentence at trial given by MJ or mbrs **Automatic FFs:** Confinement for more than six months or sentenced to death, **_or_** Confinement of any amount **_and_** punitive discharge (BCD, DD, Dismissal) @ GCM: all pay and allowances @SPCM: ⅔ pay Reference: A2-22 in MCM

Question 36

*Recognize basic information regarding deferments under Article 57(b), UCMJ. (W)*

Answer 36

Defers adjudged/automatic FF's, reduction in rank, and confinement ACC makes deferment request to CA If approved, deferment is in effect until entry of judgment is entered into the record for GCMs or SPCMs, or until the CA acts on sentence for a SCM CA can rescind at any time Deferment benefits the ACC

Question 37

*Recognize basic information regarding waivers under Article 58b, UCMJ. (W)*

Answer 37

This is waiver to/of automatic FF's for benefit of dependents Take effect based on the adjudged sentence or the ACC status Requested by the ACC or the CA Dependents receive FF for up to six months; period of confinement, if less than six months; or expiration of term of service (ETS), whichever comes first

Question 38

*Explain simple facts about deferment of confinement. (W)*

Answer 38

Request from ACC The ACC must show proof that their interests outweigh community's interest in imposing confinement upon sentencing Deferment starts immediately after sentence until the time specified. CA can grant a deferment of confinement after the adjournment of court but before EOJ Approval/Disappr. must be in writing and placed in ROT, and ACC and MJ are provided copies.

Question 39

List some factors the authority acting on a confinement deferment request must consider?

Answer 39

Probability of the accused’s flight, commission of other offenses, intimidation of wit(s), or interference w/ administration of justice; Nature of the offense(s) of which the ACC was convicted, including the effect on the victim. Adjudged sentence. Command’s immediate need for the accused; Effect of deferment on good order and discipline within the command; and ACC character, mental condition, family situation, and service record.

Question 40

When is the Notification of Adjudged Sentence (14 day memorandum) required?

Answer 40

The SJA of the office that prosecuted the case is required to notify certain agencies when a certain sentence is adjudged **Required in cases with**: Automatic FFs under Article 58b; Adjudged FFs; and/or Reduction in grade (enlisted only) If any portion of the punishment is deferred, suspended, set aside, waived, or disapproved prior to the date of the memorandum, those terms **_must be included in the notification memorandum_**

Question 41

Discuss how the Notification of adjudged sentence is created and distributed

Answer 41

Sent 14 calendar days **_after**_ sentence is adjudged _**or_** w/in 24 hrs of EOJ. Standard memorandum format **Sent to:** HQ AFPC/DP1SSP (enlisted only); Accused’s servicing finance office; and Informational copies are sent to HQ AFSFC/SFC and DFAS-IN/FLTBA

Question 42

*State the purpose of the Action of the Convening Authority. (W)*

Answer 42

For the convening authority (CA) to approve or disapprove all or part of the findings, sentence, or both

Question 43

*Determine step-by-step procedures for distributing the Entry of Judgement (EOJ) memorandum. (W)*

Answer 43

Send a copy to EOJ to all persons and agencies on STR/EOJ distro list by mail, e-mail or fax. AFO (finance) and MPS using AF Form 1373

Question 44

*State the purpose of the notification of Entry of Judgement (EOJ) memorandum. (W)*

Answer 44

Officially publishes the results of trial after all post-sentencing actions, rulings, or orders are complete _Terminates trial proceedings and_ **_initiates appellate proceedings_**

Question 45

Do we have to do the 14 day memorandum if the EOJ is published prior to the 14 calendar day mark?

Answer 45

No

Question 46

How long after the EOJ being published do you have to send out the Notification of EOJ Memorandum (24 hour memorandum)?

Answer 46

24 hours

Question 47

Do we have to do the 14 day memorandum if the EOJ is published prior to the 14 calendar day mark?

Answer 47

No

Question 48

Discuss how the different results of a court affects the timeframe of EOJ completion.

Answer 48

When a court results in an acquittal or terminates before findings = complete the EOJ ASAP If the court results in a finding of NG by reason of lack of mental responsibility of all charges and specifications = complete the EOJ ASAP after RCM 1105 hearing Court concluded w/ finding of G for any charge or specification = complete the EOJ after CA’s action

Question 49

How do we distribute the EOJ to AFO (finance) and FSS?

Answer 49

AF Form 1373

Question 50

When can an EOJ be modified?

Answer 50

The **MJ who entered the judgment** may **correct computational or clerical errors within 14** days after the judgment was initially entered The Judge Advocate General, the Court of Criminal Appeals, and the Court of Appeals for the Armed Forces may modify a judgment in the performance of their duties and responsibilities If a case is remanded to a MJ, that MJ may modify the judgment, consistent w/ the purpose of the remand

Question 51

In a scenario environment, prepare a notification of Entry of Judgement (EOJ) memorandum (24-hr memorandum) in accordance with instructions. (W/PC)

Answer 51

If any portion of the punishment or automatic FFs is deferred, or CA waives any portion of the automatic FFs, this memo must include the terms of the deferment or waiver Format – Virtual Military Justice Deskbook Same template as the 14 day memorandum Substitution of appropriate words

Question 52

Where is the notification of EOJ memorandum (24-hr memo) sent to?

Answer 52

**HQ AFPC/DP1SSP (E's only)** (personnel center) mbr's **finance office** to notify of any reduction/ FFs Info copies to **HQ** **AFSFC/SFC (AF Security Forces Center)** and **DFAS-IN/FLTBA**

Question 53

*Determine court-martial sentences that would require records of trial (ROT) to be transcribed in a verbatim or summarized format. (W)*

Answer 53

**Verbatim:** In SPCM or GCMs w/ adjudged sentence that includes: Death, Punitive Discharge (BCD, DD or dismissal), 12+ mo confinement, any sentence that cannot be adjudged at a SPCM **In a summarized transcript, these must be verbatim:** Findings on the jurisdictional basis for pros. of the offenses, if any. Findings, Sentence and any other verbatim portions requested by reviews SJA, counsel, MJ, etc. **Summarized:** In cases where verbatim is not required, includ acq.

Question 54

*In a scenario environment, prepare a DD Form 2329, Record of Trial by Summary Court-Martial in accordance with instructions. (PC/W)*

Answer 54

Base legal office prepares blocks: block 1 - 3c Block 8 through the Charge(s) section before starting court SCMO completes the rest of the blocks except block 13 Legal office ensures: DD Form 2329 is correct and accurately reflects charge sheet, pleas, findings, and sentence as well as CA's action.

Question 55

Discuss the layout of the transcript for a GCM/SPCM regarding the first, second and final page.

Answer 55

**The first numbered page** “THE PROCEEDINGS OF A (GENERAL) (SPECIAL) COURT-MARTIAL" Also includes information regarding the session that is being called to order. **Page two** transcript starts **Page following last page of transcript** Referred to as the authentication page

Question 56

*Explain certification procedures for records of trial (ROT). (W)* Who certifies the **ROT** for **GCMs and SPCMs?**

Answer 56

The CR detailed to the court-martial

Question 57

*Explain certification procedures for records of trial (ROT). (W)* Who certifies the ROT for a **Summary** C-M?

Answer 57

The 2329 (ROT for SCM) is certified by the SCMO when they sign the 2329

Question 58

Describe the process of the examination of the transcript leading to ROT certification.

Answer 58

Copy of transcript goes to TC & DC→ TC signs a memo stating their review is C/W → If DC was able to review, they also sign a memo. If unable, DC provides doc w/ reasons why → MJ reviews the exhibits f/ accuracy prior to CR certification of ROT → CR certifies the ROT.

Question 59

What is the form DD Form 490?

Answer 59

It is the front cover of the ROT

Question 60

What is the transcript for Summary C-Ms?

Answer 60

The DD Form 2329, *Record of Trial by Summary Court-Martial*

Question 61

What is the order of the SCM ROT papers?

Answer 61

DD Form 490 (front cover) DD Form 2329 Other applicable documents: Convening order and amendments Charge sheet Accused’s receipt for ROT RCM 1106/1106A matters Notice of post-clemency submission Exhibits Other allied papers

Question 62

What is the governing directive for assembling ROTs?

Answer 62

AFMAN 51-203

Question 63

What are the two sections of a ROT?

Answer 63

The main content The attachments

Question 64

What are some of the documents in the main section of the ROT?

Answer 64

DD Form 490 (Cover Page) Entry of Judgment Statement of Trial Results Any action by the convening authority under RCM 1109 or 1110 Audio recording of proceedings Charge sheet Convening order and amendments Forum election (Findings) Forum election (Sentencing) Exhibits

Question 65

What are the contents of the attachment section?

Answer 65

PHO Report\* Pretrial Advice\* Record of former hearings (retrial)\* Exhibits not in evidence RCM 1106/1106A matters Deferment requests and action taken on request Waiver/withdrawal of appellate review Transcript Other items as required by AFMAN 51-203 **\*If not admitted as an exhibit.**

Question 66

*In a scenario environment, properly assemble a record of trial (ROT) with attachments in accordance with instructions. (PC/W)*

Question 67

*Determine step-by-step procedures for distributing a record of trial (ROT). (W)*

Answer 67

ACC gets ROT VIC(s) get ROT Can only do substitute service (serving on DC or VC) in extenuating circumstances: Unauthorized absence of the individual, Military exigency (war or another emergency), or Individual requests on the record at the C-M or in writing

Question 68

What are allied papers and what are some examples?

Answer 68

Documents filed within the ROT dealing with the administration of the court-martial such as: 1st Indorsement to the DD Form 458 Any papers, indorsements, or investigations that accompanied the charges when referred for trial Records of any former trial

Question 69

Where are the categories and details of Allied Papers found?

Answer 69

AFMAN 51-203

Question 70

What determines the type of appellate review done on a court-martial?

Answer 70

Type of C-M and the approved sentence

Question 71

*Identify the types of court-martial cases that are reviewed by a judge advocate under Articles 64, and 65(d), UCMJ. (W)*

Answer 71

**Article 64:** Reviewed by a JA at GCM legal office f/ SCM's w/ a finding of guilt ACC may petition for the record to be reviewed under Article 69 w/in 1 year of review completion **Article 65(d):** Reviewed by a JA at GCM legal office f/: Any GCM or SPCM where ACC waived or withdrew appeal to AFCCA, ACC failed to file timely appeal, or where **adjudged** sentence did not exceed 6 mo confinement and a punitive discharge was not adjudged ACC may petition for the record to be reviewed under Article 69 w/in 1 year of review completion

Question 72

*Identify the types of court-martial cases that are reviewed by The Judge Advocate General under Article 69, UCMJ. (W)*

Answer 72

Article 69 review – office of TJAG Any GCM where appellate review not been waived or withdrawn; No punitive discharge approved; and Confinement for less than one year. If the JA performing the Art 64 review of a SCM states that corrective act is req as a matter of law and the GCMCA does not take such action it will go to an art 69

Question 73

*Identify the types of court-martial cases that are reviewed by the Air Force Court of Criminal Appeals (AFCCA) under Article 66, UCMJ. (W)*

Answer 73

Consists of at least 3 appellate judges Reviews SPCM or GCMs that meet the following: Sentence of death, punitive discharge or dismissal, confinement of 2+ years ACC can submit app f/ appeal if they were sentenced 6+ months confinement but didn't meet any other automatic review criteria. Cases referred by TJAG under RCM 1201 following an Art 69 review

Question 74

How many judges are at the AFCCA (article 66) level?

Answer 74

3 appellate judges

Question 75

*Identify the types of court-martial cases that are reviewed by the United States Court of Appeals for the Armed Forces (CAAF) under Article 67, UCMJ. (W)*

Answer 75

Cases in which death was affirmed by AFCCA (cannot be waived or withdrawn) Cases reviewed by AFCCA that TJAG orders to go to CAAF for review An ACC petitions court after Art 66 (AFCCA) is c/w and petition is granted

Question 76

How many judges are at the CAAF (Article 67) level?

Answer 76

5 civilian judges

Question 77

*Identify the types of court-martial cases that may be reviewed by the U.S. Supreme Court under Article 67a, UCMJ. (W)*

Answer 77

ACC may petition Supreme Court to hear their case after all lower courts have completed their review An ACC's petition for review is considered filed on the date the ACC places the petition in the mail or delivers it to the court in person

Question 78

If the US Supreme Court denies the petition for review is the appellate process complete?

Answer 78

Yes.

Question 79

How is final completion of SCM ROTs done?

Answer 79

Base legal office forwards original ROT & any copies to the GCM SJA’s office for the Article 64 review → Once review is complete, GCM SJA’s office forwards the original ROT to JAJM

Question 80

How is the final completion of SPCM ROTs done?

Answer 80

**BCD was not adjudged:** original ROT & copies sent to the GCM SJA’s office f/ Article 65(d) review. → GCM SJA’s office forwards the original ROT & copies to JAJM **BCD was adjudged:** base legal office forwards the original ROT & copies directly to JAJM once all post-sentencing processing is complete

Question 81

How is the final completion of GCM ROTs done?

Answer 81

**original ROT** & **copies are sent to GCM SJA** for post-sentencing processing → Once the GCMCA takes action & post-sentencing processing is c/w, the **GCM SJA will send the original ROT and applicable copies to JAJM.**

Question 82

Where are ROTs ultimately sent?

Answer 82

After the appellate process is complete, regardless of the type of review, the ROT is sent to JAJM for filing

Question 83

*Outline the notification process for appellate court decisions. (W)*

Answer 83

appellate courts complete review & send decision to JAJM → JAJM notifies SJA of the CA → SJA of CA completes The Certification of Final Review and distributes IAW STR/EOJ Distro list within 14 days→ If the accused is no longer within the command of the original convening authority, a courtesy copy is forwarded to the accused’s current convening authority with the authority to convene the type of court-martial involved

Question 84

*State the purpose of the certification of final review. (W)*

Answer 84

used to notify the accused and other necessary parties of final decision at the end of all required reviews It reflects the post-sentencing and appellate history of the case, including action taken by the convening authority, the appellate courts, TJAG, and the Secretary of the Air Force Informs the accused of their right to petition the next higher court, if applicable.

Question 85

*Identify the responsibilities for preparation of the certification of final review. (W)*

Answer 85

Drafter – Convening Authority's SJA Must be completed and personally signed by that CA SJA Distributed in accordance with the STR/EOJ Distribution List within 14 days of receipt of notification of completion of final review from JAJM If the accused is no longer within the command of the original convening authority, a courtesy copy is forwarded to the accused’s current convening authority with the authority to convene the type of court-martial involved

Question 86

How is the final completion of GCM ROTs done?

Answer 86

**original ROT** & **copies are sent to GCM SJA** for post-sentencing processing → Once the GCMCA takes action & post-sentencing processing is c/w, the **GCM SJA will send the original ROT and applicable copies to JAJM.**