and 

THE JUDGE ADVOCATES GEN

of the 

ARMED FORCES 


and the 

GENERAL COUNSEL 


of the 

DEPARTMENT OF THE 

TREASURY 


PURSUANT TO THE 


UNIFORM CODE OF MILITARY JUS

For the Period 

January I, 1964 to December 31, 1
01 the 

SENATE AND OF THE 


HOUSE OF REPRESENTATIVES 

ond to the 

SECRETARY OF DEFENSE 


AND SECRETARY OF THE TREAS

ond the 


SECRETARIES OF THE DEPARTMENTS OF 

ARMY, NAVY, AND AIR FORCE 


PURSUANT TO THE 


UNIFORM CODE OF MILITARY JUSTICE 

For the Period 


January I, 1964 to December 31, 1964 

Contents 

JOINT REPORT OF THE UNITED STATES COURT OF 

APPEALS AND THE JUDGE ADVOCATES GENER

ARMED FORCES AND THE GENERAL COUNSE

DEPARTMENT OF THE TREASURY 

REPORT OF THE UNITED STATES COURT OF MILITAR

REPORT OF THE JUDGE ADVOCATE GENERAL OF 

REPORT OF THE JUDGE ADVOCATE GENERAL OF 

REPORT OF THE JUDGE ADVOCATE GENERAL OF THE 

REPORT OF THE GENERAL COUNSEL OF THE DEPAR

THE TREASURY (UNITED STATES COAST GUARD
UNITED STATES COURT OF MILITARY AP

and 

THE JUDGE ADVOCATES GENERAL 

OF THE ARMED FORCES 


and 

THE GENERAL COUNSEL OF THE 


DEPARTMENT OF THE TREASURY 

January 1, 1964, to December 31, 1964 
Committees on Armed Services of the Senate and of t

Representatives, to the Secretary of Defense and the Sec

Treasury, and to the Secretaries of the Departments o

Navy, and Air Force with regard to the status of military 

to the manner and means by which it can be improved b

enactment. 

The Chief Judge and the Judges of the U.S. Court of M

peals, The Judge Advocates General of the Army, Na

Force, and the General Counsel of the Department of th

hereinafter referred to as the Code Committee, have m

ferred at the call of the Chief Judge several times durin

of this report. These conferences included a full cons

legislative amendments to the Uniform Code of Mili

consistent with the policy and purpose of this Committee

No legislation directly relating to military justice 

during the second session of the 88th Congress. As note

report, Senator Sam J. Ervin, Jr., chairman of the Subc

Constitutional Rights of the Committee on the Judici

States Senate, introduced 18 bills in the Senate on Aug

The stated purpose of the bills was to protect and enhanc

tutional rights of military personnel. On September 25, 

cal bills were introduced in the House of Representativ

of these bills would, if enacted, affect the administration 

justice in the armed forces. The bills were referred to the 

committee in each House of the Congress, and the chair

committee requested reports from the Department of D

submitting these reports during 1964, the Department 

recommended, as substitutes for certain bills pertaining 

justice, legislative proposals substantially identical to thos

as "G" bill and "H" bill in our 1963 report. "G" bil

quently introduced as H.R. 10048 (88) and "H" bill wa

as H.R. 10050 (88). Due to the press of Congressional 
term of confinement before his case has been finally rev

distinction required in the treatment of such a prisone

accorded a sentenced prisoner complicates the administr

finement facilities and has, on occasion, created complex 

tive problems. "F" bill would eliminate this source 

The bill would also clarify the lesser punishments include

sentence, and eliminate a related anomaly in the presen

mitting the imprisonment and forfeiture of pay inheren

sentence to be made effective when the sentence is appr

convening authority. 

"G" bill, as noted in our report for 1963, is essentially a 

of the so-called "B" and "D" bills recommended in our rep

with an additional provision that a bad-conduct discharge 

adjudged unless an accused is represented by a qualified l

refused the services of legally qualified counsel. In add

requirement for qualified counsel, "G" bill would auth

officer special and general courts-martial, and increase t

of the law officer (or President of the court, in the case 

court-martial without a law officer). It would provide au

necessary safeguards and procedural changes, whereby 

person could waive a hearing before court members and be 

law officer alone-comparable to a trial without a jury in 

courts. The bill would also authorize pretrial session

o~cer, prior to the time the members are assembled, to 

dispose of interlocutory questions and other procedural m

authority is similar to that contained in the Federal Rule

Procedure applicable to Federal courts. Various technic

are contained in the bill to clarify the status of the law o

trial proceedings and related administrative matters. 

Judge Ferguson continues to have reservations, as de

report for the year 1962, concerning the desirability of som

the proposals contained in "F" and "G" bills. 

2 
rect an error or remove an injustice under 10 U.S.C. 1552

The "F", "G", and "H" bills are within the spirit of t

Code of Military Justice, and their enactment is recomme

bills and their respective sectional analyses are appended 

A, B, and C. 

The sectional reports of the Court and of the individ

outline the volume of court-martial cases subject to appe

during the reporting period. Exhibit D is attached to 

the number of court-martial cases of all types tried thro

world, the number of such cases which are reviewed byboar

and the number ultimately reviewed by the United Stat

Military Appeals. 

Respectfully submitted, 

ROBERT E. QUINN

Ch

HOMER FERGUSON

PAUL J. KILDAY, 

ROBERT H. MCCA

The Judge Advocate 

United Sta

WILFRED HEARN, 

The Judge Advocate 

United Sta

ROBERT W. MANS

The Judge Advocate 

United States A

G. D'ANDELOT BEL

General 

Department oj the 

EXHIBIT A 


coutataseteces. 

1 Be it enacted by the Senate and House oj Represen

2 oj the United States oj America in Congress assembl

3 chapter 47 (Uniform Code of Military Justice) of 

4 United States Code, is amended as follows: 


5 (1) Subchapter VIn is amended by striking o

6 following item in the analysis: 


7 1/856. 56. Maximum limits." 


8 and inserting the following item in place thereof

9 1/856. 56. Maximum limits; sentences inclu

death sentence." 

10 (2) Section 856 (article 56) is amended to rea

11 follows: 

12 I/§856. Art. 56. "Afaximum limits; sentences 

death sentence 

13 I/(a) The punishment which a court-martia

14 direct for an offense may not exceed such lim

15 the President may prescribe for that offense. 


16 I/(b) A sentence to death includes dishonor

17 discharge or dismissal, forfeiture of all pay an

18 allowances, and life imprisonment." 


19 (3) Section 857 (article 57) is amended to rea

20 follows: 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

executed." 

(4) Section 871 (article 71) is amended­

(A) by striking out the first sentence in 

section (a) and inserting the following in p

thereof: 

"A court-martial sentence involving a g

or flag officer and that part of a court-m

sentence providing for death may not b

until approved by the President."; 

(B) by striking out the first two senten

subsection (b) and inserting the following 

thereof: 

"That pa~t of a sentence providing for t

missal, unsuspended, of a commissioned 

8 
12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

discharge may not be executed until affirme

a board of review and, in cases reviewed by 

the Court of Military Appeals."; and 

(D) by amending subsection (d) to read as 

follows: 


"(d) All other court-martial sentences an

parts thereof, unless suspended, may be ord

executed by the convening authority when 

by him. The convening authority may sus

execution of any sentence or part thereof, e

a death sentence." 

SEC. 2. This Act becomes effective on the firs

the fifth month following the month in which it 

reflect the amendment of article 56 proposed in section 

Section 1 (2) amends article 56 by specifying in su

thereof that a sentence to death includes a dishonora

or dismissal, total forfeitures, and life imprisonment. 

ment will allow forfeitures to be executed in accorda

amendment to article 71 proposed in section 1(4), pr

authority for confinement pending appellate review in 

and make it clear that a death sentence may be miti

honorable discharge, or dismissal, and life imprisonme

term of confinement (see United States v. Russo, 11 U

29 CMR 168). 

Section 1(3) amends article 57 to delete the reference 

forfeitures to payor allowances becoming due on or a

the sentence is approved by the convening authority in c

the approved sentence includes confinement not suspen

the amendment to article 71 proposed in section 1 (4), 

will no longer be necessary, for the convening authority 

to order the forfeiture portion of a sentence (not involv

or flag officer) into execution when approved by him. 

vision has been added, however, to indicate that forfeit

extend to payor allowances accrued before the date 

is ordered executed. 

Section 1(.-i) amends article 71 (a) to provide that ap

President is required only with respect to execution 

penalty portion of a court-martial sentence and exec

court-martial sentence involving a general or flag office

The section also amends article 71 (b) to provide that 

the Secretary concerned, or certain officials designate

required in officer cases only with respect to execution 

of the sentence providing for an unsuspended dismissa

the other portions of the sentence are not transmitted 

approval under this article, he may, when he acts on 

.764-481-65--3 
including the confinement portion thereof, have been 

cuted. The class of sentences with which these ame

cannot now be ordered executed either in whole or, wi

tion of application of forfeitures, in part until after leng

reVIew. 

Article 71(d) is amended to conform that article w

amendments. 

Section 2 provides that these amendments become ef

first day of the fifth month following the month in whi

12 
EXHIBIT B 


g pppy p

tain special court-martial proceedings by counsel havi

fications of defense counsel detailed for general court-

viding for certain pretrial proceedings and other proced

and for other purposes. 

1 Be it enacted by the Senate and Home oj Represen

2 United States oj America in Congress assembled, T

47 (Uniform 

3 Code of Military Justice) of title 10, United St

amended as 

4 follows: 

5 (1) Section 801 (10) (article 1(10» is amended 

6 the words "or special" after the word "general"

7 (2) Section 816 (article 16) is amended to rea

8 "§ 816. Art. 16. Courts-martial classified 

9 "The three kinds of courts-martial in each 

10 armed forces are11 "(1) general courts-:martial, consisting o

12 "(A) a law officer and not less than fiv

13 members; or 

14 "(B) only a law officer, if before the co

15 is assembled the accused, knowing the i

16 the law officer and after consultation wi

17 requests in writing a court composed onl

18 officer and the convening authority cons

19 "(2) special courts-martial, consisting o

20 "(A) not less than three members; or 

21 "(B) a law officer and not less than thr

22 members; or 
thereof: 

12 "A bad-conduct discharge may not be adjudg

complete 

13 record of the proceedings and testimony has be

14 except in time of war, or of national emergen

declared 

15 by the President or the Congress, the accused 

sented or 

16 afforded the opportunity to be represented a

17 counsel having the qualifications prescribed u

827(b) 

18 of this title (article 27(b»." 

19 (5) Section 825 (c) (1) (article 25(c) (1» is ame

20 (A) by striking out the words "before the c

21 the court," in the first sentence and inserting 

22 "before the conclusion of a session called by t

23 under section 839(a) of this title (article 39 (a

24 trial or, in the absence of such a session, befo

25 is assembled for the trial of the accused," in p

26 and 

27 (B) by striking out the word "convened" i

28 sentence and inserting the word "assembled" 

thereof. 

29 (6) Subchapter V is amended by striking out 

16 
10 

15 

20 

25 

cern ed, the authority convening a special c

11 may, detail as law officer thereof a commiss

12 who is a member of the bar of a Federal cou

13 highest court of a State and who is certified 

qualified 

14 for that duty by the Judge Advocate Gener

armed force 

of which he is a member. A commissioned o

certi16 fied to be qualified for duty as a law officer 

17 court-martial is also qualified for duty as a l

18 a single-officer or other special court-marti

missioned 

19 officer who is certified to be qualified for du

officer of a special court-martial is qualified f

21 law officer of any kind of special court-ma

ever, no 

22 person may act as a law officer of a single-of

23 court-martial unless he is specially certified 

qualified 

24 for that duty. No person is eligible to act a

in 

a case if he is the accuser or a witness for the 

or 

26 has acted as investigating officer or as coun

same case." 
10 

15 

20 

25 

y g 

9 general court-martial," after the word "cour

in the 

first sentence of subsection (b); and by ame

11 sentence of subsection (b) to read as follows

12 "The trial may proceed with the new mem

after 

13 the recorded evidence previously introduc

14 members of the court has been read to the 

presence of the law officer, the accused, an

16 (C) by inserting the words", other than 

17 special court-martial," after the word "cou

the 

18 first sentence of subsection (c); and by amen

19 sentence of subsection (c) to read as follows

"The trial shall proceed with the new mem

21 as if no evidence had previously been intro

22 trial, unless a verbatim record of the eviden

23 introduced before the members of the cou

stipulation 

24 thereof is read to the court in the presence 

officer, if any, the accused, and counsel."; 

18 
13 and counsel." 

14 (10) Section 835 (article 35) is amended by strik

15 second sentence and inserting the following in pl

16 "In time of peace no person may, against his o

17 brought to trial, or be required to participate b

18 counsel in a session called by the law officer un

19 839(a) of this title (article 39(a)), in a gen

20 martial case within a period of five days after 

21 of charges upon him, or in a special court-m

within 

22 a period of three days after the service of ch

him." 

23 (11) Section 838(b) (article 38(b)) is amended 

out 

24 the words "president of the court" in the last se

inserting 

25 the words "law officer or by the president of a co

without 

26 a law officer" in place thereof. 

764-487-64-4 
15 

20 

25 

12 "(2) hearing and ruling upon any matte

13 be ruled upon by the law officer under this 

14 whether or not the matter is appropriate fo

sideration or decision by the members of 

16 "(3) if permitted by regulations of t

17 concerned; holding the arraignment and 

18 pleas of the accused; and 

19 "(4) performing any other procedural fu

may be performed by the law officer under 

21 or under rules prescribed pursuant to secti

22 title (article 36) and which does not require 

23 of the members of the court. 

24 These proceedings shall be conducted in the p

accused, the defense counsel, and the trial cou

26 be made a part of the record. 

20 
10 

15 

20 

25 

the 

9 court with counselor the law officer, shall be 

of the record and shall be in the presence of 

11 the defense counsel, the trial counsel, and, in ca

12 a law officer has been detailed to tha court, the 

13 (13) Section 840 (article 40) is amended to rea

14 § 840. Art. 4.0. Oontinuances 

tiThe law officer or a court-martial without 

16 officer may, for reasonable cause, grant a cont

17 to any party for such time, and as often, as 

18 to be just." 

19 (14) Section 841 (a) (article 41 (a» is amende

(A) by amending the first sentence to read 

21 tiThe law officer and members of a genera

22 court-martial may be challenged by the acc

23 trial counsel for cause stated to the court."

24 (B) by striking out the word "court" in the 

sentence and inserting the words "law officer 

26 the court" in place thereof. 
10 

15 

20 

25 

formed or for a particular case, shall be as pr

11 regulations of the Secretary concerned. Thes

12 may provide that an oath to perform faithfull

13 law officer, trial counsel, assistant trial couns

14 counsel, or assistant defense counsel may be 

time by any judge, advocate, law specialist, or 

16 certified to be qualified or competent for the 

17 such an oath is taken it need not again be take

18 the judge advocate, law specialist, or other 

19 tailed to that duty." 

(16) Section 845 (article 45) is amended21 (A) by striking out the words "arraigned b

22 court-martial" in subsection (a) and inserting 

23 "after arraignment" in place thereof; and 

24 (B) by amending subsection (b) to read as 

(b) A plea of guilty by the accused may 

26 received to any charge or specification alle

22 
shall 

11 continue as though the accused had pleaded 

12 (17) Section 849 (a) (article 49(a)) is amended b

after 

13 the word "unless" the words "the la"\V officer or co

without 

14 a law officer hearing the case or, if the case i

heard,". 

15 (18) Section 851 (article 51) is amended16 (A) by amending the first sentence of subse

17 (a) to read as follows: 

18 '~oting by members of a general or special co

19 on the findings and on the sentence, and by m

20 court-martial without a law officer upon q

21 challenge, shall be by secret written ballot."

22 (B) by amending the first two sentences of 

(b) 

23 to read as follows: 

24 "The law officer and, except for questions o

25 the president of a court-martial without a 

26 shall rule upon all questions of law and all in
15 

20 

25 

12 sentence of subsection (c) and inserting the wo

13 president of a court-martial without a law off

the 

14 presence of the accused and counsel, instruct the 

the court as to the elements of the offense and c

16 in place thereof; and 

17 (D) by adding the following new subsection 

18 thereof: 

19 "(d) Subsections (a), (b), and (c) of this 

do not apply to a single-officer court-martia

21 officer who is detailed as a single-officer cou

22 martial shall determine all questions of law 

arising 

23 during the proceedings and, if the accused 

24 adjudge an appropriate sentence." 

(19) Section 852 (article 52) is amended26 (A) by inserting the words "as provided in 

845 (b) 

24 
12 record of the proceedings in each case brough

13 and the record shall be authenticated by the s

14 the law officer. If the record cannot be authen

15 the law officer by reason of his death, disability

16 absence, it shall be authenticated by the signa

17 trial counselor a member. If the proceedings ha

18 in an acquittal of all charges and specification

19 affecting a general or flag officer, in a sentence 

20 ing discharge and not in excess of that which ma

be 

21 adjudged by a special court-martial, the record sh

22 such matters as may be prescribed by regulat

President." 

23 SEC. 2. This Act becomes effective on the first 

tenth month 

24 following the month in which it is enacted. 

affording accused persons an opportunity to be r

certain special court-martial proceedings by couns

qualifications of defense counsel detailed for g

martial, providing for certain pretrial proceedings a

cedural changes, and for other purposes. 

Section 1(1) amends article 1(10), the definition of a 

to include an official of a special court-martial detailed 

with article 26 as well as such an official of a general 

This reflects the amendment of article 16 (section 1(2» 

special courts-martial consisting of a law officer and mem

law officer. 

Section 1(2) amends article 16 to provide that a gen

court-martial shall consist of only a law officer if the a

the court is convened, so requests in writing and the 

thority consents thereto. However, before he makes s

the accused is entitled to know the identity of the law 

have the advice of counsel. Although such a proce

heretofore been available in any of the armed forces, 

method of disposition of criminal cases is provided i

courts by Rule 23 of the Federal Rules of Criminal Pro

provides that: 

"Cases required to be tried by a jury shall be so tried unless 

waives a jury trial in writing with the approval of the court and 

the Government." 

The adoption of such a procedure will resuJt in an appr

tion in both time and manpower normally expended in tr

martial. The vast majority of cases in which an a

guilty would probably be tried by a single-officer court. 

noted that the convening authority is not required 

single-officer court-martial but may, in his discretion, re

court martial with members either because, with resp

courts-martial, of a shortage of legally trained personn

the command or for other reasons. 

764-487--64----5 
The offered representation, of course, will be at no e

accused. This amendment does not limit or otherwi

right the accused may have to obtain counsel of his 

under article 38(b). Also, the accused may decide not 

self of the opportunity to be represented by counsel q

article 27(b). 

Section 1(5) amends article 25 to provide in subsecti

an accused who desires that enlisted members serve 

martial shall make such a request before the conclusio

called by the law officer under article 39(a) prior to tr

absence of such a session, before the court is assemble

of the accused. One of the purposes of the proposed a

article 39, infra, is to insure that the trial of the gene

not be delayed after the members are in attendance. U

practice, an accused can postpone his request for enli

until the appointed members of the court have gather

listed persons are not then on the court, the court woul

adjourn until enlisted members are obtained and some 

members relieved. 

The request for enlisted personnel may be made at a

to the conclusion of a session called prior to trial pu

amendment to article 39. Only one pretrial session w

in any particular case, although that session may contin

as may be necessary and may be recessed, postponed, 

reconvened. A reconvened pretrial session does not 

second such session, but rather a continuation of the sessi

If no pretrial hearing is held, the procedure for reque

persons will be substantially the same as the procedure 

Article 25 is further amended by substituting the word 

for the word "convened" in subsection (c)(1). The term 

as used in the present subsection (c)(1) has been consi

term of art which has reference to that time in the cour

ceedings when the members, the law officer, and coun

28 
Section 1(7) amends article 26(80) to provide that a 

officer acting as a single-officer general court-martial m

qualifications generally specified for a law officer and

must be certified to be qualified for duty as a single-o

court-martial by the Judge Advocate General. 

The amendment also provides that a commissioned 

certified to be qualified for duty as a law officer of a 

martial is also qualified for duty as a law officer of a si

other special court-martial. A commissioned officer w

to be qualified for duty as a law officer of a special co

qualified for duty 80S a law officer of any kind of special 

The amendment will permit the establishment of a spec

viduals certified to be qualified to act as special cour

officers, thus making the opportunity to act in this capa

to the younger judge advocates or legal specialists an

training ground for future general court-martial law 

detail of a law officer to a special court-martial is ma

Secretarial regulations since the supply of individuals qu

officers is somewhat limited and will have to be controll

Section 1(8) amends article 26 (b) to reflect the amendm

39. 

Section 1(9) amends article 29 to provide that no mem

eral or special court-martial may be absent or excused, 

reasons specified, after the court has been assembled for t

accused, and by specifically excepting from the operation 

(b) and (c) single-officer general and special courts-m

section further amends article 29 by deleting any refe

sections (b) and (c) to the oaths of the members so as to 

that it is not required that new members take their oath

The amendment to article 42 requires that the oath mus

some time before a member may perform his duties. 

"evidence previously introduced before the members 

have been inserted in place of the present language so t
single-officer court try his case (see section 1 (2». O

charges must be returned to the convening authority for 

court-martial which includes members or for other disp

Section 1(10) amends article 35 by extending the prot

for preparation by the defense to sessions called by the law 

the proposed amendment to article 39. 

Section 1(11) amends article 38 by providing in subse

if the accused who has individual counsel does not desire 

counsel act in his behalf as associate counsel, detailed co

excused by the law officer instead of by the president w

is by a court-martial which includes, or may consist o

officer. This change is made necessary by the prov

bill for single-officer courts-martial, and also by the a

article 39 which permits the law officer to call the cou

without the presence of the members. In the absence 

ment to article 38(b), the law officer would not be e

excuse counsel at the session. 

Section 1(12) amends article 39 to provide that the la

court composed of a law officer and members may call 

session without the attendance of members for the purpo

of interlocutory motions raising defenses and objection

other matters that may legally be ruled upon by th

holding the arraignment and receiving the pleas of t

permitted by regulations of the Secretary concerned, an

other procedural functions which do not require the pre

members. The effect of the amendment, generally, i

military criminal procedure with the rules of crimi

applicable in the United States district courts and othe

statutory sanction to pretrial and other hearings withou

of the members concerning those matters which are 

disposition on either a tentative or final basis by the law 

pretrial disposition of motions raising defenses and ob

accordance with Rule 12 of the Federal Rules of Crimin

30 
remain in attendance. By permitting the law officer t

question before the members of the court have assembled

are not required to spend considerable time merely 

decision of the law officer. If he sustains the objectio

resolved, and the facts and innuendoes surrounding t

the confession will not reach the members by inference 

If the law officer determines to admit the confession

voluntariness will normally, under civilian and mil

practice, be relitigated before the full court. 

This amendment merely provides a grant of authori

officer to hold sessions without the attendance of the m

court for the purposes designated in the amendment 

attempt to formulate rules for the conduct of these s

determining whether or not particular matters not r

shall be considered as waived. These are questions m

ately resolved under the authority given to the Presiden

to make rules governing the procedure before courts-m

President now prescribes rules as to motions raising 

objections in court-martial trials in Chapter XII of th

Courts Martial, as does the Supreme Court for Fed

trials in Rule 12 of the Federal Rules of Criminal Proce

This amendment also provides that the law officer 

court-martial as well as the law officer of a general 

may be requested to appear before the court to put th

proper form. 

Section 1(13) amends article 40 by making it clear t

court includes a law officer that official will decide whe

continuance will be granted. This has actually been 

under the code. 

Section 1(14) amends article 41 (a) by specifically p

the law officer of a special court-martial may be challen

Further, article 41 (a) is amended to provide that w

martial includes a law officer, he, rather than the m
courts. 

Sect£on 1(16) amends article 45 to allow, if permitted b

of the Secretary concerned and if the offense is not one f

death penalty may be adjudged, the entry of findings of 

acceptance of a plea of guilty without the necessity of v

findings. At common law and under the practice in the U

district courts, the court may enter judgment upon a p

without a formal finding of guilty and the record of judg

on such a plea constitutes a judicial determination of 

amendment is intended to conform military criminal pr

that in civilian jurisdictions, and to delete from military 

merely ritualistic formality of requiring the assembled c

on the findings. The section also deletes reference i

(a) to "arraignment before a court-martial" to confo

changed article 39. 

Section 1(17) amends article 49 (a) to provide that, w

being heard, the law officer or court-martial without a law 

appropriate authority to forbid the taking of a deposit

cause. The intent and purpose of this change is to ve

officer, or in the court-martial if it does not include a la

authority to rule on this interlocutory matter after tria

Section 1(18) amends article 51 to reflect the amendm

41 which provides that, when a court-martial includes 

he is the person who rules upon all challenges for cause, a

specifically in subsection (c) the duty of the law officer a

of a court-martial without a law officer to instruct the m

court. This section further amends article 51 to provide 

of the law officer of a special, as well as a general, court-m

questions of law and all interlocutory questions other than 

mental responsibility are final and that rulings of the p

special court-martial without a law officer on questions 

than a motion for a finding of not guilty are also final. 

given to the law officer by this amendment is in acc

32 
penalty may be adjudged. Article 52 is further amend

to subsection (c) a provision whereby the members of t

determine to reconsider a finding of guilty or, with a view 

it, a sentence upon any vote which indicates, that reco

not opposed by the number of votes required for that f

tence. This amendment is consistent with justice and f

for such a vote would indicate that at least one of the 

had voted for the finding or sentence now desires to r

matter. A reconsideration of a finding of guilty of a l

offense with a view to arriving at a finding of guilty of a g

is actually a reconsideration of a finding of not guilty, an

a majority vote is required before such a reconsideration 

taken. This amendment is not intended to have any e

time within which a finding or sentence may be reco

being part of the rule making power of the President un

(see paragraphs 74d(3) and 76c of the Manual for Cour

rules now in effect). 

Section 1 (20) amends article 54(a) to provide for auth

a record of trial by general court-martial by the signatu

officer. Under the present law, the record must be aut

the signature of both the law officer and the president, 

unavailable for one of the reasons specified in the ar

members. However, neither the president nor other 

present during the many hearings held out of their p

under the present practice, and thus actually are una

to the correctness of a transcription of those proce

amendment further provides that if the law officer cann

the specified reasons, authenticate the record, it shall be 

by the signature of the trial counselor a member. A

by a member, if the court has members, in this latter c

practical necessity despite the absence of the member 

conducted by the law officer. If the court has no memb
general court-martial cases affected by this amendment, 

time, effort, and expense of preparing a verbatim tran

justified. It is recognized, of course, that the general c

case will have to be fully reported in the first instance, and 

ment deals only with preparation of the record after tria

Section 2 provides that these amendments become eff

first day of the tenth month following the month in wh

34 
EXHIBIT C 


764-487-64-6 

y p, 

purposes. 

1 Be it enacted by the Senate and House oj Represe

2 oj the United States oj America in Oongress assemb

3 chapter 47 (Uniform Code of Military Justice) of 

4 United States Code, is amended as follows: 

5 (1) Section 869 (article 69) is amended by ad

6 the following new sentence at the end thereof: 

7 liNotwithstanding section 876 of this title 

8 (article 76), the findings or sentence, or both

9 in a court-martial case which has been finally 

ID viewed, but has not been reviewed by a boar

11 review, may be vacated or modified, in whole 

12 part, by the Judge Advocate General on the 

13 of newly discovered evidence, fraud on the co

14 lack of jurisdiction over the accused or the 

15 offense, or error prejudicial to the substantia

16 rights of the accused." 

17 (2) Section 873 (article 73) is amended by st

18 out in the first sentence the words "one year" t

19 time they appear and inserting the words "two 

20 place thereof. 
38 
United States Code, to authorize the Judge Advoca

grant relief in certain court-martial cases, to ext

within which an accused may petition for a new 

other purposes. 

Section 1(1) amends article 69 by adding a new sentenc

the Judge Advocate General to either vacate or modify 

or sentence, or both, in whole or in part, in any cour

which has been finally reviewed, but which has not been 

a board of review, because of newly discovered eviden

the court, lack of jurisdiction over the accused or the of

prejudicial to the substantial rights of the accused. It 

experience of all the services in this class of cases, part

respect to summary court-martial cases and those s

martial cases not reviewable by a board of review, that so

should be made for removing the fact of conviction, as we

other relief. Since the decision to remove the fact of c

judicial determination based on the traditional legal g

tioned in the proposed amendment, it is considered app

the Judge Advocate General should be empowered to 

function as well as to grant lesser forms of relief. Thi

would not limit the power now possessed by the Secreta

acting through boards established under 10 U.S.C. 1552, 

error or remove an injustice. 

Section 1(2) amends article 73 to extend the time wit

accused may petition the Judge Advocate General fo

from one to two years. 

Section 2 provides that the amendment in section 

effective upon the date of its enactment and that the a

section 1 (2) becomes effective with respect to a court-ma

approved by the convening authority on and after, or n

two years before, the date of its enactment. 

EXHIBIT D 


Case8 Reviewed by Boards of Review 

Anny--------------------------------------------------- ___

~avy-------------------------------------------------- ____

AlrForce___________________________________________________

Coast Guard________________________________________________

Total ________________________________________________

Cases Docketed with U.S. Court of Military Appeals 

Anny---------------------------------------------------____

~avy--------------------------------------------------____

AlrForce___________________________________________________

Coast Guard_____________________________________________ ___

Total________________________________________________

For the Period 

July 1, 1963 to June 30, 1964 

Report 


of the 


UNITED STATES COURT OF MILITARY A

January 1, 1964, to December 31, 196

During the fiscal year 1964 the Court received 86

these, 851 were filed with the Court by petition of the 

accordance with Article 67 (b) (3); 17 were certified to the 

Judge Advocates General of the services in accordance 

67(b)(2), and no mandatory cases were filed under Articl

the Uniform Code of Military Justice. 

II 

Chief Judge Robert E. Quinn and Associate Judge Pa

during the summer recess, held meetings and discussions 

justice with commanders and staff judge advocates in th

theater. Some of the Command headquarters visit

USA R E U R, USA F E, USN A V E U R, CI

COMFAIRMED, COMNAVACTS, TUSLOG, EUCO

Seventh Army, Third Air Force, 7th Air Divison, 720

Group and the Berlin Brigade. 

Associate Judge Homer Ferguson gave the Commencem

on May 28, 1964 at the Judge Advocate General's School

ville, Virginia. He also attended the American Bar 

Annual Meeting in New York City on August 10, 1964

sented the Court at the meeting of the Judge Advocates 

at that time. On November 10, 1964, Judge Fergus

a meeting of the Federal Bar Association at Bolling Air 

on the subject "The Development of Due Process in Mili

III 

On October 22, 1964, Chief Judge Quinn and Judg

presided at a formal admission session of the Court 

Georgia, in connection with the Regional Meeting of th

Bar Association. One hundred and thirteen attorneys w

to the bar of the Court at that time. The session w

courtroom of the United States District Court for th
There is attached to this report a detailed analysis of 

ca.ses processed by the Court since it began operating in 1

Respectfully submitted, 

ROBERT E. 

C

HOMER FERG

Asso

PAUL J. KIL

Asso

48 
EXHIBIT A 


Petitions (Art. 67(b)(3»: Army _____________________________ 8,901 353 

~avy---------------------------- Air Force __________________________ Coast Guard _______________________ 

3,398 

3,641 

41 

268 

204 

2 

Total ___________________________ 15,981 827 

= = 

Certificates (Art. 67(b)(2»: Army _____________________________ 129 6 

AirForce ~avy----------------------------- ______________ ~ ___________ 

Coast Guardl ______________________ 

187 

53 

6 

5 

9 

0 

TotaL ________'__________________ 375 20 

= = 

Mandatory (Art. 67(b)(1»: 

Army----------------------------­

~avy---------------------------- Air Force __________________________ Coast Guard _______________________ 

31 

3 

3 

0 

0 

0 

0 

0 

TotaL _____ ~'____________________ 37 0 

--­ = Total cases docketed ______________ 16,393 847 

12 Flag officer cases; 1 Army and 1 Navy. 

117,818 cases actually assigned docket numbers. 121 cases counted as both petitions 

5 cases certified twice. 1M cases submitted as petitions twice. 2 mandatory cases filed twi

cases filed as petitions after second Board of Review opinion. 3 cases submitted as peti

time. 
________________________ 

88 57 

Awaiting replies 1___________________ 25 21 

-certificates (Art. 67(b)(2)): Opinions rendered __________________ 364 18 

Opinions pending 1__________________ 3 2 

Withdrawn ________________________ 7 0 

Remande~ 

2 0 

Set for hearing 1____________________ 0 0 

Ready for hearing 1_________________ 0 0 

Awaiting briefs 1____________________ 0 2 

By order __________________________ 0 1 

Mandatory (Art. 67(b)(1)): Opinions rendered __________________ 

Opinions pending 1__________________ 

37 

0 

0 

0 

Remande~________________________ 

Awaiting briefs 1____________________ 

1 

0 

0 

0 

=== 

-Opinions rendered: Petitions__________________________ 

Motions to dismiss__________________ 1,414 

11 

89 

0 

Motion to stay proceedings __________ Per curiam grants __________________ 1 

27 

0 

2 

Certificates________________________ 321 17 

Certificates and petitions____________ Mandatory________________________ 

Rernanded_________________________ 

41 

37 

2 

1 

0 

0 

Petitions for a new triaL ____________ 2 0 

Petition for reconsideration of petition for a new triaL___________________ 

Motion to reopen___________________ 

Total___________________________ 

1 

1 

............... 1,858 

0 

0

- 109 

I As of lune 30, 1962, 1963, and 1964. 

'2,071 cases were disposed of by 2,OM pUblished opinions. 111 opinions were rende

·63 Army officers, 26 AIr Force officers, 10 Navy officers, 4. Marine Corps Officers, 2 Co

1 West Point cadet. In addition 19 opinions were rendered In cases involving 20 clvl

-concerned enlisted personneL 

:52 

Writ of error coram nobis by order__ _ o o 

Remanded to Board of Review_______ 144 6 

Total__ _________________________ 16,237 888 

= 

Pendl1l{l complet

JumSO, JumllO

196. 196~ 

Opinions pending. ________________________ 19 1

Set for hearing __________________________ _ o 

Ready for hearing ________________________ o 

Petitions granted-awaiting briefs__________ 14 

Petitions-Court action due 30 days ________ 88 5

Petitions-awaiting replies ________________ _ 25 2

Certificates-awaiting briefs ______________ o 

Mandatory-awaiting briefs _______________ o 

Total ___________________________ __ 146 10

Report 

of 


THE JUDGE ADVOCATE GENERAL 

of 

THE ARMY 

January 1, 1964, to December 31, 1964 

decrease of 2,121 in the number of special court-martia

remarkable reduction in summary court-martial trials 

last year to 16,926, or approximately 47 percent. The d

be attributed primarily to the amended Article 15 of 

Code of Military Justice, which was in effect for the ent

as compared with only 5 months during Fiscal Year 

were 61% fewer summary court-martial cases in Fisc

than in a similar period immediately preceding the a

Article 15. 

The number of court-martial trials for Fiscal Year 1

Strength-Total Army-l,015,287) follows: 

Comrlcted Acqu

General________________________________ _ 1,763 

Special_________________________________ _ 

SuDlDlary 23,102 1,_______________________________ _ 16,055 

Total____________________________ _ 40,920 2,

Records of trial by general court-martial received b

Advocate General during fiscal year 1964: 

For review under Article 66_________________________________

For exaDlination under Article 69____________________________

Total______________________________________________

Workload of the Army Boards of Review during the 

On hand at the beginning of period__________________________

Referred for review ________________________________________

Total______________________________________________

Reviewed________________________________________________

Pending at close of period__________________________________

. Total_____________________ -________________________

·Thls figure Includes 3 cases which were referred to Boards of Review pursuant to Arti

of Milltary Justice, and 9 cases on rehearing or reconsideration. 
quested representation by appellate defense counsel. Th

the cases of 374 accused were forwarded to the United Sta

Military Appeals pursuant to the second and third sub

Article 67(b). These comprised 25.2 percent of the num

cases reviewed by Boards of. Review during the peri

mentioned 374 cases, 371 were forwarded on petition of 

3 were certified by The Judge Advocate General. 

The actions taken by the Court of Military Appeals on 

for Fiscal Year 1964 were as follows: 

OJ>inlom on PelUlom Certification Mandatorll Rev

Affirmed Reuer.ed Affirmed Reuer.ed Affirmed Reu

18 12 3 1 o 

Pelltiom Denied PelUlom Granted 

346 41 

In the 1963 Annual Report, there was discussed at som

bills that were introduced in the Senate and House of Rep

during the 88th Congress which if enacted would affect the 

tion of military justice and administrative discharge 

Also discussed were two bills proposed by the armed serv

stitute measures for those of the 18 bills which concern the 

tion of military justice. Since that time, these two bills, d

for reference purposes as the "G" and "H" bills, have be

by the Department of Defense, transmitted to Congress

duced in the House of Representatives as H.R. 10048 and 

Formal hearings were not held prior to the adjournment 

Congress, and the House Armed Services Committee ma

upon the proposed legislation. The "G" and "H" bill

Exhibits Band C to the joint report. I believe that the

will accomplish desirable and long-overdue changes in 

military justice, and it is my hope that both will be introd

passed by, the 89th Congress. 

58 
py p

way conflict with the prohibitions applicable to instruction 

mentioned by the United States Court of Military Appea

States v. Johnson, 14 USCMA 548, 34 CMR 328 (1964). 

During 1964, Army Regulation 22-145, Reports and 

Review of Records of Summary and Special Oourts-Martial, 

so as to add a provision requiring that an accused in a sum

martial case be furnished a copy of the record of trial, th

such accused a right not previously enjoyed by him. Ar

tion 22-15, Nonjudicial Punishment, which sets forth 

of the Army policies, limitations and procedures relative to 

tion of nonjudicial punishment, was changed by add

emphasis to the proscription against any form of illeg

influence. In late 1964, a new training film, TF 15-3404, 

Punishment, was approved for final print and distribution 
15 May 1964. Among its 32 graduates were United Stat

specialists, and officers from Turkey, the Philippines, a

The 13th Career Class began its course of instruction on 

1964 and will be graduated on 21 May 1965. It is co

officers, including 2 from the United States Navy and 

United States Marine Corps. 

In June 1964, two new school texts were published b

Department of the Army Pamphlet 27-161-1, Internatio

Department of the Army Pamphlet 27-173, A-filitary 

Procedure. 

During 1964, the School provided nonresident instructi

legal subjects for approximately 3,000 reserve compon

consisting of judge advocate officers and other sele

warrant officers and enlisted men. The School prepa

tributed for utilization in 79 U.S. Army Reserve schools 

materials for the Judge Advocate Officer Career Cour

Judge Advocate Operations Course, and the New D

Course. Instructional material was also prepared for 

The Judge Advocate General's Service Organization 

and for Reserve and National Guard officers assigned 

gram units. In addition the School's extension cou

provided instruction for about 1,380 officers and enliste

services. 

The annual Judge Advocate General's Conference wa

School in September 1964. Army judge advocates, 

court-martial jurisdictions throughout the world, pa

discussions and seminars covering a wide range of pro

nificant importance to military lawyers. 

Four issues of the Military Law Review were published 

The annual survey of decisions of the Court of Mili

appeared in the April 1964 issue. Additionally, there 

dealing with pretrial right to counsel, permissible bo

judge advocate pretrial activity, an introduction to milit

60 

are permitted to attend law school in an excess leave 

that it will play an important part in solving the probl

the experience level of our officers. As of the fall of 19

Regular Army officers were attending law school und

Four officers completed their legal education under 

1964, were admitted to the bar, and are now performing 

duties. Seventeen are scheduled to complete legal tra

mence their service in the Corps in 1965, and, by 1966

put of 30 to 35 officers should be achieved. 

ROBERT H. M

Major General, 

The Judge Adv

62 
of 


THE JUDGE ADVOCATE GENERAL 

of 

THE NAVY 

January 1,1964, to December 31,1964 

Courtsmartial of all typesgeneral, special, and 

convened within the Navy and Marine Corps totaled 

1964 as compared to 39,033 in FY 1963. This represen

decrease of 13,992 Cases or 36 percent. The decrease 

cannot be attributed to a decrease in service strength

have increased slightly, but may be attributable to PL 

increased the Article 15 UCMJ nonjudicial punishme

of commanding officers. A comparative analysis of the f

ters of FY 1963 (before the new Article 15 became l

first two quarters of FY 1964 (during which time the 

in effect) shows a 65 percent decrease in Navy and 

decrease in Marine summary courts-martial cases. 

Navy Boards of Review received for review during 

general courts-martial and 2,375 special courts-martial 

to 420 general courts-martial and 2,806 special courts-m

FY 1963. Of the 2,713 cases received for review by Boa

during FY 1964, 61 percent of the accused requested c

cases). A more detailed statistical report is attached 

An ad hoc committee consisting of representatives 

Advocates General of the Army, Navy and Air Forc

the present Manual for Courts-Martial with a view 

published in looseleaf form. The Interservice Committ

of the Manual completed a first draft of the revised M

was distributed to the Judge Advocates General of the 

for comments. Comments and recommended changes 

were returned to the Interservice Committee in Ap

second draft of the revised Manual has now been com

Committee and again distributed to the three services 

It is anticipated that the Manual will be published i

form at an early date. 

The informal newsletter HOff the Record," mentione

report, has been continued with a different format 
instances, the Department has offered alternative bills 

to tailor the final legislative package precisely to 

diffuse requirements of military necessity and constit

The U.S. Naval Justice School, operating under 

supervision of the Judge Advocate General, continued 

sive instruction in the fundamental principles of m

Six regular seven-weeks' classes were convened at the 

in Newport, Rhode Island, and one class was conve

Pendleton, California. Six-hundred eighty-seven line, 

newly commissioned officer lawyers of the Navy, Mari

Coast Guard completed the regular courses of instruct

the Naval Justice School during the fiscal year. T

sixty-eight enlisted members of the Army, Navy, Air 

Corps, and Coast Guard were trained to perform legal c

reporting duties for their respective services. In additi

personnel, principally Army, received training in Close

Court Reporting and 601 officers of the Navy, Mari

Coast Guard were given instruction specifically designe

needs of senior officers. The Naval Justice School afford

in military justice, legal clerk duties, and court reporti

total of 1,744 officers and enlisted personnel of all the 

and the Coast Guard during the fiscal year. 

At the direction of the Secretary of the Navy, the Ju

General undertook a study to determine the feasibility 

elements of the Office of the JAG out of the Pentagon Bu

consolidation of the East and West Coast Boards o

Appellate Counsel Divisions. As a result of the study, 

of the Office of the Judge Advocate General is being 

the Washington Navy Yard. In October of this y

Navy-Marine Corps Judiciary Activity, the East Co

Review, and East Coast Appellate Defense and Appellat

Counsel Divisions were relocated at the Washington 

It is also planned to disestablish the West Coast Offic

66 
general courtsmartial convened within the Navy and M

during the year 1964. During 1964 a consolidation of th

of two Judiciary Branch Offices was effected resulting in 

the Government and reduction of one officer billet. Th

Program has continued to improve the quality of the judic

ings of general courts-martial with avoidance of the nu

officer errors that were prevalent prior to the Judiciar

Consequently, the quality of justice administered by th

also been greatly enhanced through the a;e of specia

Judiciary Officers. 

WILFRED HEARN

Rear Admiral, US

The Judge Advoca

EXHIBIT A 

Reviewed in the field________________________________ 

Total_______________________________________________

Summary courts-martial: 

Received for review under Article 65c__________________ 

Reviewed in the field_________________________________ 

Total _______________________________________________

Total all courts-martiaL ______________________________

Board of review actions: 

On band for review 1 July 1963_______________________ 

Received for review during fiscal year 1964_____________ 

Total on band _______________________________________

Reviewed during fiscal year 1964______________________ 

Pending review on 30 June 1964..______________________ 

Total____________________________________________ 

Findings modified by boards of review during fiscal year 1964___

Requests for appellate counsel__________________________

U.S. Court of Military Appeals actions: 

Petitions forwarded to USCMA_______________________ 

Cases certified to USCMA by JAG____________________ 

Total cases docketed with USCMA ____________________

Petitions granted by USCMA-________________________ 

Petitions denied by USCMA-_________________________ 

Total petitions acted upon by USCMA-________________

of 

THE JUDGE ADVOCATE GENERAL 

of 

THE AIR FORCE 

January 1, 1964, to December 31, 1964 

ments in the field of military law were honored in the 

Distinguished Service Medal, the nation's highest de

other than combat service. A copy of the citation a

the award is appended to this report. In his furthe

Albert M. Kuhfeld Award was endowed by Brigadier 

Force Reserve) and Mrs. Richard C. Hagan. The Award

each year to an outstanding young Judge Advocate, 

merited recognition to the accomplishments of young la

Air Force. 

2. Brigadier General Robert W. Manss was appointed 

of major general in the Regular Air Force and appointe

Advocate General for a four-year term effective 1 Octob

3. Complying with the requirements of Article 6(a), U

of Military Justice, Major General Kuhfeld visited ov

in the United States Air Force Southern Command 

States Air Forces in Europe, and numerous bases in 

States. General :Manss also inspected the legal activi

in the United States. Both Generals Kuhfeld and Ma

several bar association meetings and spoke before man

fessional, and military organizations during the year. 

4. a. The number of records of trial received in the O

Judge Advocate General, for review pursuant to Articl

examination pursuant to Article 69, during fiscal year 19

in the following table: 

Total number records received___________________________

Referred to Boards of Review pursuant to Article 66________

General Court-Martial records_______________________

Special Court-Martial records________________________

Examined pursuant to Article 69__ _ _ ___ ___ ___ __ _ _ _ _ _ _ _ _ _ _ 

The Boards of Review modified the findings and/or se

cases. 

764--487-65-2 
Cases reviewed and dispatched by Boards of Review___________

Cases forwarded to USCMA________________________________

Number cases based on petitions ________________________

Number cases certified by TJAG ________________________

Percent total forwarded of total cases reviewed_______________

Petitions granted_ _ _ _ ___ _ _ __ _ _ ___ _ _ _ __ __ ___ _ _ _ _ __ _ _ _ __ _ _ _ _ 

Percent petitions granted of total petitioned__________________

Percent petition granted of total cases reviewed by Boards of R

e. During the period of this report, the following num

martial were convened in the Air Force: 

General Courts-MartiaL ____ __ _ _ ___ _____ ____ _ _ _ _ __ _ _ ___ 

Special Courts-MartiaL ________________________________

Summary Courts-MartiaL_____________________________

Total_________________________________________

5. Production was completed and distribution mad

Film TF-5582, "The Uniform Code of Military Justice

Non-Judicial Punishment". This film informs Air F

of the background of Article 15 and portrays examp

The first full year reportable Article 15 actions during f

are as follows: 

Total cases ______________________________ _ 31,

Officem ______________________________ _ 

Airmen ______________________________ _ 30,

Reduction in grade _____________________________ _ 18,

Forfeiture of pay_______________________________ _ 16,

Restriction (over 14 days) _______________________ _ 5,

Corrective custodyfQuartem arrest________________ _ 3,

Extra duties (over 14 days) ______________________ _ 2,

Detention of pay _______________________________ _ 

Miligali1lfl actions: Appeals taken______________________________ _ 

Appeam denied _____________________________ _ 

Suspensions ________________________________ _ 7,

Other action_______________________________ _ 

'Of total actions. 

"Of appeals taken. 

76 
7. On 30 September 1964, there were 1,226 Judge A

active duty. Of these, 661 were members of the Regula

218 were Career Reserve officers, and 347 were Reserve 

established dates of separation. The Regular officer str

ever, increased by 77 between 30 June 1963 and 30 Sept

These new Regular officers were selected through an 

central screening process by a board of officers sitting at He

United States Air Force. During the year, a selection 

also convened to consider the applications of 496 individ

direct appointment as Reserve officers with a concomitan

tour of active duty. Because of vacancy limitations, 

these could be selected and all are expected to be called to 

by 30 June 1965. 

8. At the close of the period of this report, there were 8

exercising general court-martial jurisdiction. 

9. An interservice committee that has been working o

of the Manual for Courts-Martial on the basis of statute

orders, and case law intervening since the original publica

submitted a draft of the revision to The Judge Advocate

the three services for their consideration. 

ROBERT W. MAN

Major General, US

The Judge Advocat

United States Air 

EXHIBIT A 

Major General Albert M. Kuhfeld distinguished h

exceptionally meritorious service to the United States 

tion of great responsibility as The Judge Advocate 

United States Air Force, from 1 April 1960 to 30 Septem

By virtue of General Kuhfeld's leadership, The Judge 

General's Department of the United States Air Force ha

a position of eminence among the military legal departm

has provided outstanding legal services in the fields o

justice and civil law to the United States Air Forc

General Kuhfeld's guidance, a sound body of military 

law has been developed through which the ends of justi

served. Major General Kuhfeld was the moving for

establishment of a meaningful retraining and rehabilit

gram for convicted airmen which afforded many indiv

opportunity to earn an honorable place in society, a

saved invaluable trained manpower for the United S

Force. Major General Kuhfeld's unparalleled achiev

this important assignment are in keeping with the high

ards of performance and traditions of the military serv

singularly distinctive accomplishments of Major Genera

culminate a distinguished career in the service of his cou

reflect the highest credit upon himself and the United 

Force. 

of 


THE GENERAL COUNSEL 


of 

THE DEPARTMENT OF THE TREASU

(UNITED STATES COAST GUARD) 

January 1, 1964, to December 31, 1964 

Justice, 10 U.S.C. 867(g). 

The court-martial volume in the Coast Guard again 

fiscal year 1964. The 1964 figures reflect the influenc

full year during which commanding officers exercised t

powers to impose nonjudicial punishment under Article 15 

The following table shows the number of court-m

received at Coast Guard Headquarters during each of 

fiscal years: 

1964 19611 1965 

General courts-martiaL_________________ 3 6 4 

Special courts-martiaL__________________ 89 139 148 

Summary courts-martiaL________________ 255 448 683 

Two Coast Guard cases were docketed with the U

Court of Military Appeals during the year, both on p

accused; neither petition was granted. The Court hea

Guard case during the year, United States v. MERROW. 

affirming the decision of the Board of Review in that c

lished in 14 USC1fA 265, 34 CMR 45. Since the inc

Uniform Code of Military Justice, a total of 51 Coast 

have been appealed to the Court of Military Appeals-4

of the accused and six by certification of the General C

Treasury Department. 

The three general courts-martial and the 89 special c

received during the fiscal year 1964 have been analyze

provide fuller information as to their characteristics. T

involved 93 accuseds, there being one trial in joinder

accuseds, two were officers. 

Thirty-eight of the persons tried were represented 

the remaining 55, all of whom were enlisted men, did not h

counsel. Six of the accused employed civilian lawyers

these was also represented by a service-designated law

two of the accused who had civilian lawyers pleaded gui
p

Offenses against military property _ ____ ___ ____ _ _ _ ____ _ _ _ ___ __ 

Prohibited use or possession of liquor _________________________

Failure to obey order or regulation____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Wrongful appropriation__ ______ _ _ __ __ ______ ___ _ _ _ _ __ ____ _ _ _ 

Jl.1issing ship _______________ _ _ _ __ __ _ _ ___ ___ _ _ _ _ __ _ _ __ ___ _ _ _ 

Willful disobedience of order_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Aggravated assault_ _ __________ __ ____ _______ _ _ ___ _____ _ _ _ __ 

Dereliction in duty ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Disrespect to superior officer____ _ _ __ __ _ _ __ _ _ ___ ___ _ _ __ _ _ ___ _

Communicating a threaL___ ___ ___ _____ ___ ___ __ ___ __ _ _ __ _ _ _ _ 

Escape from custody_ ___ __ _ _ __ _______ _ _ _____ _ _ _ _ _ __ _ _ ___ _ _ _ 

Impersonating officer ___ _ ___ ___ ____ _ _ __ _ _ _ ___ _ _ __ _ _ __ _ _ __ _ _ 

Damage to private property ____ __ ___ _ _ ___ __ ___ __ _____ ___ __ _

Desertion__________________________________________________

False ID card_ ________________ __ ______ __ __ ___ __ ___ _ _ _ _ _ _ __ 

Gambling with subordinates__ ___ _ _ _ __ ___ __ ___ _ ____ _ ____ __ _ _ 

Graft_____________________________________________________

Housebreaking__ _ _____ ____ _ _ __ _____ _ _______ ____ _ _ ___ ____ _ _ 

Indecent lewd acts __________________________________________

Issuing bad checks__________________________________________

Sodomy ___________________________________________________

Unlawful cohabitation ______________________________________

Sixty-four of the 93 persons tried did not have any p

victions. The 29 others had an aggregate of 46 previou

of which 12 were by special courts-martial and 34 by summ

Bad conduct discharges (including one dishonorab

were adjudged by the court-martial in 17 cases. Six of 

discharges were disapproved by the convening autho

reached the Board of Review. After completion of app

and clemency action, there were only three unsuspended 

discharges. In all three cases the accused had been re

qualified counsel. Of the 17 accused who were senten

conduct discharge by the court-martial, six had no pre

tions. The 11 others had 28 previous convictions, nin

special courts-martial. 

86 
article was the discussion of pretrial agreements, with a re

form of agreement, published in the June 1964 issue. 

G. D'ANDEL

General Cou

Treasury D

U.S. GOVERNMENT PRINTING