DEPLOYING JUSTICE

A H A N D B O O K 

F O R T H E 

CHIEF OF MILITARY JUSTICE

OFFICE OF THE JUDGE ADVOCATE GENERAL – CRIMINAL LAW DIVISION

JUNE 2008

OFFICE OF THE JUDGE ADVOCATE GENERAL – CRIMINAL LAW DIVISION

1777 North Kent Street

Rosslyn, Virginia 22209

703.588.6755/ 6788

www.jagcnet.army.mil

2008 DEPLOYING JUSTICE: A Handbook for the Chief of Military Justice

FOREWORD TO "DEPLOYING JUSTICE"

"Adversity has the effect of eliciting talents, which in prosperous circumstances would have lain dormant." 

- Horace 

	 As long as our Army has been in the field, we've taken military justice with us.

Over the years, we have learned valuable lessons about deploying Justice. Those lessons 

are in this book. If you are a Chief of Military Justice you must read this handbook. Any

supervisor connected to Military Justice must be familiar with it. Practitioners of military

justice must absorb its lessons.

	 This handbook has been available online for almost two years. We now put it

directly into your hands for a reason. I want you to understand it, use it, improve it and 

share its lessons. It will help you to continue to provide superb legal support to your 

commanders. 

	 This handbook contains solutions to commonly encountered problems for the

Chief of Military Justice of deploying units. It is heavy with real world examples of how

military justice transitions in times of deployment. Covered areas include creating

provisional units, transferring cases to different GCMCAs, and establishing new

jurisdictional schemes. It provides step-by-step instructions, templates, and applicable

references. It will help as-yet-undeployed Chiefs of Justice understand the process and 

avoid known pitfalls. It will also provide even the veteran Judge Advocate with insightful

suggestions and helpful forms which can save valuable time. 

	 As good as this handbook is – it can always be better. To keep this resource as

current as possible, we need your suggestions and recent examples. Forward your

comments to OTJAG-Criminal Law Division at DAJA-CL, 1777 North Kent Street, 

Rosslyn, VA 22209. 

	 I urge you to read this handbook before you need it.

SCOTT C. BLACK 

Major General, U.S. Army

The Judge Advocate General 
CONTRIBUTORS

MAJ Alison Martin 

LTC Christian Gifford 

MAJ Beth Kubala 

LTC Joseph Giblin 
References. 

1. Manual For Courts-Martial (2008) 

 a. Article 6, 22, 23, 24, 25, 60 

 b. RCM 103(6) and (17), 401, 502, 504, 601, 604, 1106, 1107 

2. Regulations/Joint Publications 

a. AR 15-6, Procedure for Investigating Officers and Boards of Officers, 2 October 

2006 

b. AR 27-10, Military Justice, 16 November 2005 

c. AR 135-175, Separation of Officers, 28 February 1987 

d. AR 135-178, Enlisted Administrative Separations, 13 March 2007 

e. AR 220-5, Designation, Classification, and Change in Status of Units, 15 April 

2003 

f. AR 600-8-24, Officer Transfers and Discharges, 12 April 2006 

g. AR 600-8-105, Military Orders, 28 October 2005 

h. AR 600-20, Army Command Policy, 7 June 2006 

i. AR 635-200, Active Duty Enlisted Separations, 6 June 2005 

j. JP 1-02, Department of Defense (DoD) Dictionary of Military and Associated 

Terms, 12 Apri1 2001, as Amended Through 1 March 2007 

3. Case Law 

 a. U.S. v. Newlove, 59 M.J. 540, 541 (A.C.C.A. 2003) 

 b. U.S. v. Barry, 57 M.J. 799, 802 (A.C.C.A. 2002) 

 c. U.S. v. Gavitt, 37 M.J. 761 (A.C.M.R. 1993) 

 d. U.S. v. Gates, 21 M.J. 722 (A.C.M.R. 1985) 

 e. U.S. v. Hardy, 4 M.J. 20 (C.M.A. 1977) 

4. Law Review Articles/Information Papers/Other Sources 

 a. Major Mark Holzer, Purple Haze: Military Justice in Support of Joint Operations, Army 

 Lawyer, July 2002 

 b. OPLAW Handbook 

 c. OTJAG IP – Transfer of Court-Martial Cases upon Deployment (Enclosure 1) 

 d. III Corps IP – Provisional Units and the Uniform Code of Military justice (Enclosure 2) 

 e. FORSCOM Withholding memorandum, 10 July 2003 (Enclosure 3) 

 f. FORSCOM Delegation Memorandum, 11 January 2007 (Enclosure 3) 

 g. Samples (Enclosure 4, Tabs A – I). 
Preparing for Deployment

Outline of Requirements 

Step 1. Identify Available Sources of General Court-Martial Convening Authority 

 a. Existing Authority Under Article 22, UCMJ 

 b. Methods to Determine Available Sources of UCMJ Authority 

 c. Creating New Authority Through the Use of Provisional Units 

Step 2. Determine optimal Convening Authority During Deployment 

 a. Convening Authority Deploys and Retains Jurisdiction Over all Soldiers 

 b. Convening Authority Remains at Home Station 

 c. Convening Authority Deploys and Attaches Soldiers at Home Station to a 

 Different Convening Authority 

Step 3. Establish a Jurisdictional Scheme for the Rear Provisional Unit 

 a. Designate a Rear Convening Authority 

 b. Develop a Jurisdictional Scheme 

 c. Designate a SJA for the Rear Convening Authority 

 d. Build the Rear Provisional Unit 

Step 4. Select a New Court-martial Panel and Administrative Separation Board 

 a. Select a New panel 

 b. Publish New Convening Orders 

 c. Select a New Standing Administrative Separation Board 

 

Step 5. Transfer Pending Courts-Martial Cases 

 a. Determine Which Cases Must be Transferred to a New Convening Authority 

 b. Prepare Documents to Request Transfer 

 c. Use of Documentation 

Step 6. Actions on Redeployment 

 a. Effective End Date of Provisional Units 

 b. Determine Status of Current Cases 

1 
Deploying Justice: A Six Step Framework for Analysis and Action 

 This book provides a step by step template that helps to analyze the potential impact 

of a deploying unit on the military justice process, and outlines options to address cases at 

all levels of disposition. While this structure is an effective starting point, there are 

statutory, regulatory, and case authorities cited throughout this section. The Chief of 

Military Justice should review those references, and ensure the recommended course of 

action matches the specific needs, legal authority, and factual scenarios particular to the 

unit. 

Step 1. Identify Available Sources of General Court-Martial Convening Authority 

 a. Existing Authority Under Article 22, UCMJ. Article 22 lists who may convene general 

courts-martial, unless that authority has specifically been withheld by a higher authority (for 

deploying Reserve Component units, consult US Army Reserve Command policy while at 

home station, see also AR 27-10, Chapter 21 and Appendix E). Most Army units will rely on 

either Article 22(a)(5) or Article 22(a)(8). Under Article 22(a)(5), a commander of an Army 

Corps, a division, or a separate brigade may convene courts-martial. Article 22(a)(8) is usually 

referred to as secretarial authority and provides the Secretary of each service the authority to 

designate any other commanding officer as a general courts-martial convening authority. The 

Chief of Military Justice should verify which source of authority the convening authority 

currently relies on and whether other sources of authority may also apply. Most CONUS 

installations have been designated by the Secretary of the Army as General Court Martial 

Convening Authorities (GCMCAs). At the same time, a Corps, or Division Commander 

located at the CONUS Installation may rely on their inherent authority as the unit commander, 

rather than the installation commander, in order to convene courts-martial. 

 b. Methods to Determine Available Sources of UCMJ Authority. There are several ways to 

determine the convening authority and it is possible that the unit has more than one GCMCA 

option available. 

 (1) First, check the order cited on the courts-martial convening orders. For a copy of the 

orders, the United States Army Publishing Directorate provides a list of all Department of the 

Army General Orders (DAGO). The website is http://www.usapa.army.mil. If the Chief of 

Military Justice cannot locate the appropriate DAGO on the website, OTJAG-Criminal Law 

Division maintains a comprehensive orders book for all Army GCMCAs. 

 (2) Next, review the Modified Table of Organization and Equipment (MTOE), the 

Table of Distribution and Allowances (TDA), or other authorization document. Most of the 

large CONUS installations have separate positions for the unit commanders and installation 

commanders. At Fort Lewis, for example, DAGO 10, dated 1981, designated the Commander, 

Fort Lewis, as a GCMCA. Commander, I Corps, also exercises his inherent authority as a 

Corps Commander and can convene general courts-martial pursuant to Article 22(a)(5). 

 (3) Finally, the Chief of Military Justice should review the deployment order. The 

commander may be authorized to convene courts-martial based on secretarial designation of 

2
the deployed command position. For example, when the Commander of XVIII Airborne Corps 

deployed to Afghanistan in 2002, the Secretary of the Army designated the commander of the 

Army Task force element of CJTF-180 to be a GCMCA. Consulting individual Soldiers’ 

activation orders is an especially useful tool to use for reservists who may come from several 

different units, or as individual replacements. 

c. Creating New Authority Through the Use of Provisional Units. 

 (1) Authority for Active Component (AC) units: Since most AC commands will leave 

behind pending courts-martial cases and administrative separations, it is crucial that rear 

commanders have the proper authority to exercise military justice. Therefore, the unit may 

need to establish provisional units. A unit is only authorized one commander, so in order for 

the rear unit to have military justice authority, the unit must be a provisional unit properly 

designated in accordance with AR 220-5, paragraph 2-5a. The Chief of Military Justice should 

work with counterparts in G-1 and G-3/5/7 (Force Structure) to ensure that the rear unit has an 

activated unit identification code (UIC) and is reported to the Center of Military History 

(DAMH-FPO). Under the provisions of AR 220-5, paragraph 2-5a, the commander of an 

Army field command may establish provisional units.1

 See Enclosure 2. Joint Publication 1-

02, 12 April 2001, as Amended Through 1 March 2007, defines field army as an 

“Administrative and Tactical organization composed of a headquarters, certain organic troops, 

service support Troops, a variable number of corps, and a variable number of divisions. See 

also Army Corps.”2

 The GCMCA also has the authority to determine whether a command is 

separate and detached, and can serve as either a SPCMCA or SCMCA, pursuant to RCM 

504(b)(2). AR 27-10, paragraph 5-2a(2), also recognizes the authority of the GCMCA to 

designate provisional units under AR 220-5. See Enclosure 4, Tabs G and H. 

 (2) Authority for Reserve Component (RC) or Army National Guard (ARNG) units: 

Derivative Unit Identification Code (DUIC) for deploying RC or ARNG units. Most reserve 

units do not deploy with their own GCMCA. Typically, the activation order creates a DUIC, 

specifying dates on which to report to home station and mobilization station. These deploying 

RC units tend to be deployed in Brigade, Battalion, and even frequently down to the individual 

replacement level. Significantly, the unit’s main UIC (normally ending in “AA”) usually 

remains at home station with the rear detachment. The activation order will normally establish 

a DUIC, and no action on the part of the unit is usually necessary to create any DUIC. 

However, it should be understood that the commander of the forward unit will almost never 

continue to be the commander of the “rear detachment” after leaving home station (usually 

until after the conclusion of the deployment). The unit being deployed with a DUIC takes on a 

new existence, and a Commander cannot be in command of both the UIC and the DUIC once 

the derivative unit leaves home station, unless specifically authorized. The GCMCA needs to 

be established for the deploying unit at each stage of the unit’s deployment: (a) home station 

 

1

 For units assigned to FORSCOM, the FORSCOM commander has withheld authority to create provisional units. 

See FORSCOM Withholding Memorandum and Delegation memorandum (Enclosure 3). 2

 Although AR 310-25 has been superseded by JP 1-02, it provides useful information in determining how to define 

field command. In accordance with AR 310-25, “Army field commands” consisting of “[a]ll Department of the Army 

exclusive of theta part defined as Headquarters, Department of the Army. Army field commands include all field 

headquarters, forces, [r]eserve components, installations, activities, and functions under the control or supervision of 

the Secretary of the Army.” 

3
preparation (see AR 27-10, Chapter 21 and Appendix E); (b) mobilization station training 

(includes time spent en route to mobilization station; GCMCA is usually the mobilization 

station Garrison Commander) and (c) forward deployment (should be established with the 

chain of command to which the unit is assigned or attached). Advance coordination with the 

local Chief of Military Justice at each stage is crucial. For ARNG unit’s rear detachments, 

those in a Title 10 status will employ Chapter 21, AR 27-10; home state jurisdiction applies to 

those ARNG Soldiers in a Title 32 status. 

Step 2. Determine Optimal Convening Authority During Deployment. There are usually three 

different options that an AC convening authority has for addressing military justice actions 

during a deployment. 

 a. Convening Authority Deploys and Retains Jurisdiction Over All Soldiers. Although this 

course of action may be appropriate for short deployments, or in situations where the 

convening authority returns to home station regularly to meet with key staff and review 

documents, this option is usually not appropriate in the current environment where units are 

typically deploying for 12-15 months. 

 b. Convening Authority Remains at Home Station. In some cases, smaller units will deploy 

from the installation while the convening authority remains at home station. The deploying 

units will usually be attached to other headquarters in the deployed location. Judge Advocates 

should review the deployment orders to help determine the military justice authority and to 

assist in the preparation of the new jurisdictional scheme for troops remaining at home station 

and those deploying. 

 c. Convening Authority Deploys and Attaches Soldier at Home Station to a Different 

Convening Authority. This is the most common for lengthy deployments involving the bulk of 

troops from a particular installation. It allows the commanders to focus on the combat mission, 

and provides clear UCMJ authority for units remaining at home station. The remaining 

checklist will focus on the required steps for this course of action. Some specific examples 

include: 

 (1) Leaving the Flag Behind. When XVIII Corps deployed to Afghanistan and served as 

the HQ for JTF-180, the Deputy Commander of XVIII Airborne Corps and Fort Bragg, 

assumed command of the Corps and Fort Bragg. Meanwhile, the Corps Commander, LTG 

McNeill, assumed command of JTF-180. Therefore the Deputy Commander became a 

successor in command, and many of the problems associated with transferring cases were 

avoided. 

 (2) Taking the Flag Forward and Designating a Rear Provisional Unit. When 10th

Mountain Division deployed to Afghanistan, the Division Commander took the flag forward 

and asked the Secretary of the Army to designate the Commander, 10th Mountain Division and 

Fort Drum (Rear) (Provisional) as a GCMCA. 

 (3) Splitting the Flag. When the 3rd Infantry Division deployed, the installation 

commander served as the GCMCA for the Soldiers remaining at home station using the 

4
installation flag and the Division Commander took the Division flag forward. 3ID normally 

convenes cases under the authority of Commander, 3ID and Fort Stewart. When 

3ID deployed, the Division Commander took his GCMCA authority forward pursuant to 

Article 22(a) (5). The installation commander assumed command of Fort Stewart, and relied 

on the convening authority provided by secretarial designation pursuant to Article (a) (8) and 

DAGO 10, dated 9 April 1981. 

Step 3. Establish a Jurisdictional Scheme for the AC Rear Provisional Unit. 

 a. Designate a Rear Convening Authority. Once a command decides to attach those 

Soldiers remaining at home station to a different convening authority, the next decision is who 

will serve as that convening authority. There are two main options. The first course of action 

is to utilize an existing convening authority at home station that will not be a part of the 

deployment that was identified in Step 1. The second option relies on the installation 

command itself. For example, if the Commander of 101st Airborne Division (Air Assault) 

deploys and takes his convening authority under Article 22(a) (5) as a division commander 

forward, the convening authority of the Commander of Fort Campbell (the installation) still 

remains intact under the secretarial designation under Article 22(a)(8). The Commander, Fort 

Campbell assumes military justice authority for Soldiers remaining behind at home station.3 

However, the rear convening authority may not be a combination of the divisional and 

installation authority, such as 101st Airborne Division (Air Assault) and Fort Campbell. 

 b. Develop a Jurisdictional Scheme. The Office of the Staff Judge Advocate should work 

with the staff and command to develop a jurisdictional scheme that best supports good order 

and discipline and mirrors the existing structure as closely as possible. See Enclosure 4, 

Tabs B, C, and D. However, commands should limit the number of rear units to ease the 

administration of military justice. Normally, Soldiers should be aligned with a convening 

authority who exercises administrative control (ADCON) over the Soldiers. G-1 should create 

orders that capture the jurisdictional structure and attach Soldiers as needed for ADCON and 

purposes of UCMJ. See Enclosure 4, Tabs G and H. 

 c. Designate SJA for Rear Convening Authority. Article 69(b), UCMJ provides that 

convening authorities must communicate with their SJAs on matters pertaining to the 

administration of military justice. Article 60(d) and RCM 1106(a) require the convening 

authority to obtain a recommendation from the assigned SJA or legal officer prior to taking 

initial action in most courts-martial cases.4

 The TJAG specifically designates all SJAs, and the 

SJA must be attached, assigned, or detailed for duty as an SJA in that general courts-martial 

jurisdiction. Therefore, if the entire OSJA deploys with the command, TJAG must approve a 

designation of an alternate SJA or appoint and SJA from an activated LSO team to advise the 

rear convening authority. 

 

3 If a different general officer will assume duties of the regularly assigned commander, AR 600-20, requires 

Coordination with the appropriate ACOM and the General Officer Management Office. See AR 600-20, paras. 

2-5f. and 2-8d. 

4

 Required for all general courts-martial or any special courts-martial case that includes a bad-conduct discharge or 

confinement for one year. See Article 60(d), R.C.M. 1106(a); see also U.S. v. Barry, 57 M.J. 799, 802 (A.C.C.A. 

2002); U.S. v. Gavitt, 37 M.J. 761, 763 (A.C.M.R. 1993).

5
 d. Build the Rear Provisional Unit. Once the command has decided on a GCMCA and 

assigned a responsible SJA, the next step is to work with the staff to assemble the rear 

provisional unit. First, organize and delineate all rear provisional units by applying the 

jurisdictional scheme and publishing unit rear provisional orders.5

 After a rear provisional unit 

commander has been assigned, the unit should publish assumption of command orders for each 

position.6

 Finally, the command should attach all remaining Soldiers to the rear provisional 

units in accordance with the jurisdictional structure. See Enclosure 4, Tabs C, G, and H. In 

order to be successful, the Chief of Military Justice will need to work closely with members of 

the staff, specifically G-1 and G-3/5/7 (Force Structure), to ensure that the provisional units 

have activated UICs and that the unit orders are properly published.7

Step 4. Select a New Court-martial Panel and Administrative Separation Board 

 

 a. Select a New Panel if Applicable. If the command chooses to create a new GCMCA , 

the convening authority is not a successor in command IAW RCM 601(b). Therefore, the 

convening authority will have to select a new panel, rather than adopting the panel of the 

previous GCMCA. The Chief of Military Justice should keep in mind that in the event of a 

large deployment, the number of remaining personnel eligible for service on the panel will 

likely be much smaller than normal and the average rank of those remaining behind tends to be 

lower. Regardless of the personnel available to serve as panel members, convening authorities 

should strictly adhere to the requirements of Article 25 and RCM 502, but may have to use 

different selection processes. For example, the commander may have to select one panel 

instead of two or three, or rely on alpha rosters and record briefs rather than the nominative 

process to narrow the field of potential panel members. The Chief of Military Justice must 

carefully monitor the timeline to ensure that the rear convening authority has assumed 

command prior to selecting a new panel. 

 b. Publish New Convening Orders. Once the GCMCA has selected a new panel, the next 

step is to publish the convening orders for each GCM and SPCM as soon as practicable. After 

the orders are published, the convening authority can begin referring cases to courts-martial. 

 c. Select a New Standing Administrative Separation Board. Once a new rear GCMCA has 

been established, orders have been published, and Soldiers have been re-assigned in 

accordance with the jurisdictional scheme, the new convening authority should select a new 

 

5 Per AR 220-5, para 2-5, provisional units will be organized for limited periods, not to exceed 2 years. In order to 

facilitate rapidly changing deployment and redeployment timelines, recommend that provisional unit orders be 

effective for a period not to exceed 2 years or until a fixed event, whichever is sooner. The triggering mechanism is 

often the return of the original unit commander to home station. However, since units tend to start block leave soon 

after redeployment, Chief of Military Justice should consider an alternate terminating event, such as, “60 days after 

redeployment of the unit commander.” This will allow the home station OSJA to complete ongoing cases or prepare 

cases to be re-transferred back to the original unit. 

6

 It is not necessary to create provisional unit for each level of command, and provisional units are usually limited 

to the battalion level or brigade level. There is no required rank for provisional commanders, but leaders should 

usually be of a rank that will allow them to execute other administrative actions, for example, administrative 

separations. 

7 Please note that FORSCOM units must have permission from FORSCOM to create provisional units. This is a 

lengthy process, and should be initiated at least 120 days in advance of deployment. See FORSCOM Withholding 

Memorandum and Delegation Memorandum at Enclosure 3 and samples provided at Enclosure 4, Tab A. 

6
standing administrative separation board from the population of personnel remaining at home 

station. 

Step 5. Transfer Pending Courts-Martial Cases. 

 a. Determine which Cases Must be Transferred into a New Convening Authority. If 

possible, commands should work to resolve cases prior to deployment, or delay referring cases 

pending the designation of the GCMCA and the subsequent new panel selection. However, if 

operational realities and complexities of a case do not allow for this, the command has two 

main options. First, they can choose to take the case forward with the existing GCMCA. 

Although not favored in most situations, this course of action may be suitable for cases where 

all of the witnesses are deploying and cannot be returned to home station in the foreseeable 

future to testify in motions and in the case in chief. The second option is the more common 

and typically involves leaving the accused and the case at home station. Deploying 

commanders should understand that once a case is transferred, the receiving GCMCA will 

decide the disposition of the case, and could even choose to withdraw and dismiss the charges 

entirely.8

 Deploying commanders should also understand that some of their soldiers may have 

to return to home station to act as witnesses in the courts-martial. Finally, deploying trial 

counsels should leave behind an organized case folder including a detailed prosecution 

memorandum identifying key witnesses and evidence to assist the home station trial counsel in 

pursuing the case. 

 b. Prepare Documents to Request Transfer. The OTJAG Information Paper on transferring 

Court-martial cases provides detailed information and sample templates for the losing 

command to request transfer of cases, both pre- and post-trial, to the new convening authority 

(Enclosure 1). The other samples provided at Enclosure 4, Tabs E and F use a similar method, 

but list all cases for transfer on one memorandum, rather that providing different documents for 

each case. Regardless of the method, the losing commander should withdraw any referred 

cases pursuant RCM 604. The losing commander should then request that the gaining 

commander accept the cases. The documents should make the transfer transparent for the SJA 

remaining at home station, as well as for the appellate courts. The documents should clearly 

delineate between pre and post-trial cases. Once a case is referred, ordinarily it cannot be 

transferred to another GCMCA. However, in certain situations, the charges may be withdrawn 

and transferred to another GCMCA.9

 The documents should also include a brief discussion of 

the reasons and timing of the transfer, as well as the authority upon which it is based. Transfer 

of cases should be completed no later than 30 days prior to deployment of the unit to facilitate 

case administration. 

 c. Use of Documentation. Finally, the Chief of Military justice should collect all pertinent 

documents, to include the provisional unit orders, the jurisdictional scheme, and the transfer of 

cases, and compile one packet of information. This packet should be provided to the defense, 

 

8 Unlawful Command Influence (UCI) can be a problem with deploying units. Therefore, trial counsel and 

brigade judge advocates should warn deploying commanders that once cases are transferred to rear provisional units, 

they may not attempt to influence the military justice decisions of rear provisional unit commanders in any way. 9 See OTJAG IP – Rules Governing Transfer of Court-Martial Cases upon Deployment; See also RCM 601, 604. 

consistent with U.S. v. Hardy, 4 M.J. 20 (C.M.A. 1977), the memorandum should include the convening authority’s 

reasons for the re-referral on the record. 

7
and must be included in each record of trial affected by the transfer, regardless of what stage of 

the proceeding the transfer is made. Consistent with United States v. Hardy, in cases where 

charges were actually withdrawn and re-referred, trial counsel should include the reason for

withdrawal and re-referral of cases on the record, and ask that the document packet be inserted 

in the record of trial (Enclosure 1). In cases where the transfer was especially complicated, 

SJAs should consider adding a brief discussion of the history of the case and the reasons for the 

transfer on the Staff Judge Advocate Recommendation (SJAR).10 The Chief of Military 

Justice should take care to ensure that all indicia of the new convening authority are con

throughout all pre and post trial documents. For example, the letterhead and the office symbol 

should be changed to reflect the new GCMCA. 

sistent 

 

Step 6. Actions on Redeployment 

 a. Effective End Date of Provisional Units. The provisional unit orders should clearly 

delineate the effective end date of the provisional unit. As previously noted, in addition to the 

2 year limitation, the Chief of Military Justice should consider adding another triggering event 

that provides some definitive action that terminates the provisional unit, but still allows the 

redeploying unit some flexibility. If a triggering event is not used, then the Chief of Military 

Justice will have to create documentation to terminate the provisional unit. As with the start up 

phase of the provisional unit, during the termination period, all indicia of the unit change 

should be consistent. Therefore, the letterhead, UIC, office symbol, and charge sheets should 

accurately reflect that cases are being initiated by the redeploying unit. 

b. Determine Status of Current Cases. The Chief of Justice must determine which cases 

initiated by the rear provisional unit will not be completed when the main unit redeploys to 

home station. The SJA will then have to make a recommendation to the command as to what 

action to take with regard to the outstanding cases. If the rear GCMCA has continuing 

convening authority, the redeploying command has the option to leave cases in progress with 

that authority until action.11 If the rear GCMCA will dissolve or be reabsorbed into the 

redeploying command, then cases will have to be transferred to that command using the same 

steps used at the time of the original deployment.12 See Enclosure 4, Tab I. It is very 

important that a documentation packet that chronicles the history of the case, as well as the 

provisional unit orders that provide respective authority of each GCMCA and their SJAs, be 

added to each record of trial. 

10 For a detailed review of some of the pitfalls associated with transferring cases between the rear provisional 

GCMCA and the division commander, see generally U.S. v. Barry, 57 M.J. 799 (A.C.C.A. 2002); U.S. v. Newlove, 

59 M.J. 540 (A.C.C.A. 2003). 

11 In situations where the GCMCA has both inherent authority as a Division or Corps Commander and secretarial 

authority as the installation commander, the returning GCMCA may be a successor in command and be able to 

assume authority for a case that was convened by the installation commander during the redeployment. For example. 

if the Commander of 3ID redeploys to Fort Stewart and a case that was convened by the Commander, Fort Stewart, 

is still ongoing, he may be deemed a successor in command. However, he would have to assume GCMCA authority 

for the case in his capacity as the Commander of Fort Stewart and not in his capacity as the Commander of 3ID and 

Fort Stewart. 

12 See generally U.S. v. Barry, 57 M.J. 799 (A.C.C.A. 2002); U.S. v. Newlove, 59 M.J. 540 (A.C.C.A. 2003), for 

some complications arising out of the 10th Mountain redeployment to Fort Drum; see also Enclosure 4, Tab I for 

sample documenting the transfer of cases upon redeployment. 

8
Enclosure 1

Transfer of Court-Martial Cases Upon Deployment

INFORMATION PAPER 

DAJA-CL 

 20 June 2007 

 

SUBJECT: Rules Governing Transfer of Court-Martial Cases upon Deployment 

1. Purpose: To inform judge advocates in the field regarding the transfer of pending courtsmartial to another commander exercising GCMCA upon deployment of the parent unit. 

2. Conclusion: Court-martial cases may be transferred to another commander exercising 

GCMCA when the parent unit deploys in support of military contingency operations. Different 

legal considerations apply depending on the stage of the court-martial proceedings being 

transferred. These legal considerations must be weighed in evaluating whether transfer of the 

case is possible or practical. 

3. General Discussion on the Three Stages of Proceedings. 

 a. Pre-Referral Stage of Proceedings. In pre-referral cases, a convening authority who 

receives a case by transfer from another convening authority can simply refer the preferred 

charges and specifications to a court-martial he selects. When the receiving convening 

authority is a commander of a provisional unit, he may not adopt any court-martial panels 

selected by the commander of the parent unit; rather, he should select his own panel. The 

provisional commander is not a successor in command under R.C.M. 601(b) because there is 

no predecessor in command for the provisional unit. 

 b. After Referral. 

 (1) Ordinarily once a case has been referred, the fact that that the convening authority 

has deployed does not deprive the court-martial of jurisdiction to try the accused. The 

accused could be tried at the home station after deployment of the parent unit or at the 

deployed location. Several issues may arise, though, that could affect the proceedings: 

 (a) Typically, the command will try the accused at home station due to the location 

of witnesses and other administrative issues. Members and substitute members originally 

detailed to the CM may no longer be available at the home station in sufficient numbers, due to 

the deployment, to meet the requirements of R.C.M. 501. Members would then have to be 

returned for the trial or new members would have to be detailed. 

 (b) There are several post-referral trial issues that require the approval of "the" 

convening authority such as pre-trial agreements1

 and the employment of expert witnesses.2 

These requests would have to be forwarded to the parent unit commander for his disposition. 

 (2) If deployment, or imminent deployment, make it impossible or impracticable to 

continue the accused’s court-martial as referred, it may be possible to withdraw and transfer 

the case to a different court-martial convening authority that exercises court-martial convening 

 

1

 R.C.M. 705 

2

 R.C.M. 703(d) 
DAJA-CL 

SUBJECT: Rules Governing Transfer of Court-Martial Cases upon Deployment 

authority over the accused at the home station. In this situation, the deploying court-martial 

convening authority withdraws the already referred charges under R.C.M. 604 and transfers 

them by agreement to the new commander under R.C.M. 601(b) and its discussion. The new 

convening authority may, in his discretion, promptly re-refer them to a new court-martial panel 

he has previously selected. 

 c. After Trial - Cases Pending Action. R.C.M. 1107 allows the parent unit commander to 

transfer these cases to another commander for action if it would be impracticable for him to 

take action. The discussion to R.C.M. 1107 specifically addresses the deployment situation as 

one in which it would be impracticable for the original convening authority to take action. The 

deploying unit should request that the rear command take action, and the rear command 

should accept those cases and document the transfer in a memorandum. 

 4. How to Withdraw Cases and Re-refer with a New Convening Authority. 

 a. Withdrawal Generally. Under R.C.M. 604, the convening authority may withdraw 

charges or specifications from a court-martial for any reason at any time before findings are 

announced. Re-referral of the charges to another court-martial, though, is more complicated. 

The reasons for the withdrawal and re-referral should be put on the record.3

 As discussed 

below, the ability to re-refer is dependent on the stage the proceedings were at when the 

charges or specifications were withdrawn and the convening authority’s underlying reasons for 

the withdrawal. 

 b. Withdrawal and Re-referral.

 (1) Before arraignment the convening authority can withdraw and re-refer a case to 

another court-martial unless the withdrawal was arbitrary or unfair to the accused, or was for 

an improper reason.4

 Some of the proper, and improper, reasons for withdrawal and referral 

are listed in the discussion to R.C.M. 604(b). One of the proper reasons listed is the routine 

duty rotation of the personnel constituting the court-martial. The loss of court-martial 

personnel due to an operational deployment closely parallels this reason and may provide the 

basis for a pre-arraignment withdrawal and re-referral. The Koke case, discussed below, 

provides additional support for this. Even though that case involved a withdrawal and rereferral after arraignment, the operational exigency factor discussed therein would also provide 

very strong support in a pre-arraignment case. 

 (2) After arraignment it becomes more difficult to withdraw and re-refer a case from 

court-martial, particularly if the court has been assembled and evidence taken on the merits. 

 (a) Before the taking of evidence. After arraignment but before the taking of evidence 

on the general issue of guilt, it is possible to withdraw and re-refer charges and specifications, 

if good cause is shown based upon the factors outlined in the discussion to R.C.M. 604 or 

 

3 U.S. v. Hardy, 4 M.J. 20 (C.M.A. 1977). Although, U.S. v. Blaylock, 15 M.J. 190 (C.M.A. 1983) and the discussion to 

R.C.M. 604 could be read to require putting the convening authority’s reasons on the record only if the re-referral is 

more onerous to the accused, the Hardy decision clearly requires it for all cases. It is recommended that Hardy

guidance be followed for withdrawals and re-referrals under the circumstances discussed in this Information Paper. 

4

 R.C.M. 604 and its discussion. 

2 
DAJA-CL 

SUBJECT: Rules Governing Transfer of Court-Martial Cases upon Deployment 

3 

contained in prior court precedent. Of particular note, U.S. v. Koke5

 distilled several factors 

from prior court decisions that are important indicia of whether a withdrawal after arraignment 

is for a proper reason. One of those factors, operational exigency, is mentioned twice but 

never defined. Several other decisions have mentioned operational exigency in the context of 

deciding different issues of law.6

 A very strong argument can be made that a deployment in 

support of potential combat operations is an operational exigency. Withdrawal of charges and 

specifications after arraignment, but before the taking of evidence, may be permissible under 

R.C.M. 604 as a response to operational exigencies resulting from the deployment of the 

parent unit. However, when a deployment date is known well in advance, it might be more 

difficult to rely on this provision. 

 (b) After the taking of evidence. After withdrawal and the taking of evidence on the 

general issue of guilt, withdrawal and re-referral may only be done if the withdrawal was 

necessitated by urgent and unforeseen military necessity.7

 This provision is based upon 

Wade v. Hunter8

; Legal and Legislative Basis, Manual for Courts-Martial, United States, 1951

at 64. In that case the accused’s court-martial for rape was taking place in the European 

theatre of operations during WWII. His unit was actually engaged in combat operations 

against the enemy. In the two weeks between when the incident occurred and the accused 

was tried, his unit had advanced 22 miles. After both the prosecution and defense had rested 

and the court closed to deliberate, the members requested to hear several additional 

witnesses. The court-martial was continued until a later date. During this delay the convening 

authority withdrew the case and, citing the tactical situation, transferred it to the unit now 

occupying the town in which the incident occurred and where the witnesses were located. The 

case was re-referred and tried again. The Supreme Court found that the accused’s Fifth 

Amendment double jeopardy rights were not violated. The tactical situation of a rapidly 

advancing army justified the withdrawal and re-referral in this case. Absent facts closely 

paralleling those in Wade, withdrawal and re-referral after taking evidence on the general issue 

of guilt should be avoided. 

5. Formats for Transfer of Cases 

 a. Enclosure 1 contains a sample document that may be tailored for transfer of a case tried 

but pending action. 

 b. Enclosure 2 contains a sample document that may be tailored for withdrawal and transfer 

of a case where charges have been referred. If evidence on the general issue of guilt has 

been taken, withdrawal and re-referral should not be attempted except in the most unusual 

case where the facts are akin to those discussed in Wade v. Hunter. 

PREPARED BY: MAJ Alison Martin (703) 588-6755 

APPROVED BY: COL Flora D. Darpino

 

5

 32 M.J. 876 (N.M.C.R. 1991); affirmed 34 M.J. 313 (C.M.A. 1992). 6 See, e.g.., U.S. v. Scott, 25 C.M.R. 636, 640 (A.B.R. 1958). 7

 R.C.M. 604(b). 

8

 336 U.S. 684; 69 S.Ct. 834; 93 L.Ed. 974 (1949). 
DEPARTMENT OF THE ARMY 

LETTERHEAD 

REPLY TO 

ATTENTION OF: 

Insert OFFICE SYMBOL ___________20XX

MEMORANDUM FOR SEE DISTRIBUTION 

SUBJECT: Transfer of U.S. v. insert Name, Last Four of SSN, Unit for Initial Action 

1. Pursuant to General Order Number (insert number or originating GCMCA), dated (insert 

date), I am the General Court Martial Convening Authority for the (insert GCMCA designation). 

On or about the (insert originating GCMCA unit) will deploy in support of Operation Iraqi 

Freedom XX. Due to operational exigencies arising out of this deployment, and the disruptions 

they will foreseeably cause in the post-trial processing of the case of (U.S. v (insert name), 

referred by me on _______20XX to (general/special) court-martial by (General/Special CourtMartial Convening Order Number (insert number), and in which trial ended on ______20XX, it is 

impracticable for me to take initial action in this case. 

2. Under the provisions of R.C.M. 1107, I hereby request that this case be transferred to the 

Commander of (insert new GCMCA designation). 

signature block of originating GCMCA 

 

Under the provisions of R.C.M. 1107, I hereby accept the case of (U.S. v (insert name) for posttrial processing. 

 signature block of new GCMCA 

DISTRIBUTION: 

SJA, Originating GCMCA 

SJA, New GCMCA 

Accused 

Each ROT 

Enclosure 1: Tab A
DEPARTMENT OF THE ARMY 

Insert Letterhead 

REPLY TO 

ATTENTION OF: 

Insert OFFICE SYMBOL _________ 20XX 

MEMORANDUM FOR SEE DISTRIBUTION 

SUBJECT: Withdrawal from Court-Martial and Transfer of U.S. v. (insert Name, Last four of 

SSN, and Unit) 

1. Pursuant to General Order Number (insert number or originating GCMCA), dated 

_________20XX, I am the General Court Martial Convening Authority for the (insert GCMCA 

designation). On or about ________20XX, the (insert originating GCMCA unit) will deploy. Due 

to operational exigencies arising out of this deployment, and the disruptions they will 

foreseeably cause in the trial by court-martial of the case of (U.S. v (insert name), referred by 

me on ________20XX to (general/special) court-martial by (General/Special Court-Martial 

Convening Order Number (insert number), I direct the charges and specifications in this case be 

withdrawn from court-martial pursuant to R.C.M. 604 in the interests of justice. The accused 

(has/has not) been arraigned. 

2. (Note: If after arraignment but before the taking of evidence, insert the specific operational 

exigencies involved in parent unit’s deployment. Recommend this memorandum and the 

supporting facts be entered into the record.) The charges and specifications are not dismissed. 

3. I hereby request the transfer this case to the Commander, (insert name of new GCMCA) for 

disposition as deemed appropriate. 

signature block of originating GCMCA 

Pursuant to the provisions of R.C.M. 604, I hereby accept the transfer of (U.S. v (insert name). 

signature block of new GCMCA 

DISTRIBUTION: 

SJA, Originating GCMCA 

SJA, New GCMCA 

Accused 

Each ROT 

Enclosure 1: Tab B
Enclosure 2

Provisional Units and the Uniform Code of Military Justice

INFORMATION PAPER 

AFZF-JA-MJ 

29 October 2002 

SUBJECT: Provisional Units and the Uniform Code of Military Justice 

1. Purpose. To provide information regarding the authority of a commander of a provisional unit to take 

judicial and non-judicial punishment action pursuant to the Uniform Code of Military Justice (UCMJ). 

2. References. 

a. Title 10, United States Code, Section 822. 

b. Manual for Courts-Martial (MCM). 

c. Army Regulation (AR) 27-10, Military Justice. 

3. Discussion. 

a. General Court-Martial Convening Authority (GCMCA). Article 221

 of the UCMJ and Rule for CourtsMartial (RCM) 504(b)(l) delineate who may serve as a GCMCA. In general, Article 22 establishes GCMCA 

for individuals serving in a specific position (e.g., commander of an Army corps) or if the Secretary of the 

Army (SA) designates an individual/position as a GCMCA. Army policy implementing Article 22 is in AR 27-

10. Review of AR 27-10, paragraph 5-2 reflects that the SA has not designated any positions, other than those 

cited in Article 22 of the UCMJ, as having general courtmartial convening authority. 

b. Special Court-Martial Convening Authority (SPCMCA). 

(1) SPCMCA. Article 231

 of the UCMJ and RCM 504(b)(2) delineate who may serve as 

a SPCMCA. Consistent with Article 22 and RCM 504(b)(1), Article 23 and RCM 504(b)(2)2 focus on 

specific positions and individuals "empowered" by the SA to serve as a SPCMCA (Article 23(a)(6)). 

AR 27-10, paragraph 5-2a(2) 3 provides that "[c]ommanders exercising GCM authority may establish 

deployment contingency plans that, when ordered into execution, designate provisional units under AR 220-5, 

whose commanders are determined by the GCM authority to be empowered under Article 23(a)(6) 

to convene SPCM [special courts-martial]." 

(2) Provisional Units. AR 220-5, paragraph 2-54

 sets forth guidance regarding the organization and 

designation of provisional units. Under the provisions of AR 220-5, paragraph 2-5a, the commander of an 

Army field commands may establish provisional units. Limitations on provisional units include: 

I TabN. 

2 Tab O. 

3 Tab P. 

4 Tab Q. 

5 Per AR 310-25, the term "Army field commands" consisfs of "[a]ll Department of the Army exclusive of that part 

defined as Headquarters, Department of the Army. Army field commands include all field headquarters, forces, [r]eserve 

components, installations, activities, and functions under the control or supervision of the Secretary of the 

Army." 
AFZF-JA-MJ 

SUBJECT: Provisional Units and the Uniform Code of Military Justice 

organizational duration may not exceed two years; units providing personnel for the provisional unit may not 

receive replacement sources as a result of the vacancies created by attaching their soldiers to the provisional 

unit; and the promotion, reduction, or reassignment of an individual attached to a provisional unit remain the 

responsibility of the commander of the unit to which the individual is permanently 

assigned. 

c. Summary Court-Martial Convening Authority (SCMCA). Article 245

 of the UCMJ and 

RCM 13026

 set forth who may serve as a SCMCA. Similar to the authorities for GCMCA and SPCMCA, 

Article 24 and RCM 1302 identify specific positions and individuals "empowered" by the SA to serve as a 

SPCMCA (Article 23(a)(6)). Article 24 and RCM 1302 provide that a GCMCA or SPCMCA may convene a 

summary court-martial. RCM 1302 lists additional positions wherein the occupant may serve 

asa SCMCA. 

d. Non-Judicial Punishment. Per AR 27-10, paragraph 3-7a(4),7

 as a general proposition, commanders 

of provisional units possess the authority to impose non-judicial punishment authorized under the UCMJ. 

e. Application and Overview. 

(1) GCMCA. Based on the information in paragraph 3a above, if the 4th Infantry 

Division (4ID) or the 1st Cavalry Division (lCD) seeks to have an individual serve as a GCMCA who is not 

occupying one of the positions listed in Article 22, they would have to seek that authority through the Criminal 

Law Division, Office of The Judge Advocate General. See AR 27-10, paragraph 5-2a(l). 

(2) SPCMCA. Based on the information in paragraph 3b above, the commanding generals of the 4ID 

and the 1CD could, subject to compliance with AR 220-5, generate a contingency plan that would allow for the 

designation of commanders of provisional units as special courts-martial convening authorities. Although 

Article 23, RCM 504(b)(2), and AR 27-10 do not state that an individual serving as a provisional commander 

must be a certain grade, from a policy perspective it is prudent to ensure that the individual chosen possesses 

the grade to execute other adverse administrative actions (e.g., involuntary administrative separations), the 

intent and purpose of AR 600-20 is satisfied, and possesses the maturity, experience, and knowledge required to 

fairly adjudicate misconduct. 

- (3) SCMCA. Subject to compliance with AR 220-5 and proper establishment of the commander 

of a provisional unit as a SPCMCA, that individual could also serve as the SCMCA. 

MAJ Gifford/287-3658 

6 TabR 

7 Tab S 
Enclosure 3

FORSCOM Memoranda


DEPARTMENT OF THE ARMY 

HEADQUARTERS UNITED STATES ARMY FORCES COMMAND 

1777 HARDEE AVENUE SW 

FORT MCPHERSON GEORGIA 30330-1062 

REPLY TO 

ATTENTION OF

AFOP-PLF 10 July 2003 

 

MEMORANDUM FOR SEE DISTRIBUTION 

SUBJECT: Approval Authority for Provisional Organizations 

1. This is to clarify the approval authority for provisional organizations. The 

Forces Command (FORSCOM) Commanding General retains the authority to 

approve the organization of provisional units. Conditions for establishing a 

provisional unit are described in Army Regulation 220-5, paragraph 2-5. 

 

2. Requests for the establishment of provisional organizations should be sent 

to the FORSCOM Commanding General, ATTN: AFOP-PLF. 

3. For additional information, contact Ms. Lareen Peeples, DSN 367-6455. 

FOR THE COMMANDER: 

 /original signed/ 

 JULIAN H. BURNS, JR. 

 Major General, USA 

 Chief of Staff 

 

DISTRIBUTION: 

COMMANDER 

FIRST UNITED STATES ARMY 

THIRD UNITED STATES ARMY 

FIFTH UNITED STATES ARMY 

I CORPS AND FORT LEWIS 

III CORPS AND FORT HOOD 

XVIII AIRBORNE CORPS AND FORT BRAGG 

NATIONAL TRAINING CENTER AND FORT IRWIN 

JOINT READINESS TRAINING CENTER AND FORT POLK 

US ARMY RESERVE COMMAND 

US ARMY SOUTH 

32D ARMY AIR AND MISSILE DEFENSE COMMAND 
2

US ARMY RESERVE COMMAND 

US ARMY SOUTH 

32D ARMY AIR AND MISSILE DEFENSE COMMAND 
Enclosure 4

Samples

DEPARTMENT OF THE ARMY 

HEADQUARTERS, ___ CORPS AND FORT ____ 

AVENUE 

FORT ____, ____________ 

REPLY TO 

ATTENTION OF 

_______20XX ABCD-CG 

MEMORANDUM FOR Commander, United States Army Forces Command, Fort 

McPherson, GA 

SUBJECT: Request for the Establishment of a ___ Corps (Rear) (Provisional) and 

Commander Designation 

1. Purpose. To request the establishment of a ___ Corps (Rear) (Provisional) and 

designation of the senior commander within ___ Corps as its commander. 

2. Background. 

a. Current Command Structure for __ Corps & Fort ____. Currently I serve as the 

Commander for ___ Corps and Fort ____ (enclosure 1). The position of Commander, ___ Corps, 

is an MTO&E position (enclosure 2) and the position of Commander, Fort ____, is a TDA 

position (enclosure 3). 

b. Impact of Operation Enduring Freedom 2 (OIF2). On or about ________ 2004, 

I will depart Fort ____ to serve as the Deputy Commander, Coalition Joint Task Force-7 [CJTF7], Baghdad, Iraq. Because I will need to rely on my authority as the Commander, ___ Corps, to 

administer discipline while serving as the Deputy Commander, CJTF-7, I cannot leave command 

of ___ Corps with the senior general officer within ___ Corps that remains in CONUS. 

 c. The DCG, ___ Corps, Will Serve as the Commander, Fort ____, Without Contravening 

Law or Regulation. Major General Smith, Deputy Commanding General, ___ Corps, will serve as 

the Commander, Fort ____, during my OlF2 absence. As the Commander, Fort ____, MG Smith 

will be able to dispose of those actions that I normally act upon in my capacity as Commander, 

Fort ____. 

3. Discussion. As discussed below, the establishment of a ___ Corps (Rear) (Provisional) is 

necessary for the continued effective command and control within ___ Corps. 

a. Necessity for a ___ Corps (Rear) (Provisional). Within ___ Corps, there will be a 

limited number of actions that by law must be acted upon by a corps commander (or higher) or 

do not relate specifically to Fort ____, thereby exceeding MG Smith's authority as the 

Commander, Fort ____. As a result of retaining my command authority while deployed 

Enclosure 4: Tab A
ABCD-CG 

SUBJECT: Request for the Establishment of a ___ Corps (Rear) (Provisional) and 

Commander Designation 

to Iraq, such actions would need to be forwarded to me in Iraq for decision. Because such a 

construct would likely create logistical burdens and result in inefficiency, I believe establishment 

of the provisional unit is required in order to ensure actions comply with law and regulation, 

while preserving the ability to handle matters by a commander within CONUS. 

b. Designation of Commander, ___ Corps (Rear) (Provisional). Subject to the 

establishment of a ___ Corps (Rear) (Provisional), I request that DA appoint the senior officer 

within ___ Corps as the Commander, ___ Corps (Rear) (Provisional). If such request were 

granted, Major General Doe, Commander, 7th Infantry Division and Fort Carson, would be 

appointed as the Commander, ___ Corps (Rear) (Provisional). 

4. POC is COL _______ at 123-456-7890. 

IMA CORPS COMMANDER 

Lieutenant General, USA 

Commanding 

3 Encls 

1. Assumption of command 

2. Fort ____ TDA excerpt 

3. Fort ____ MTO&E excerpt 

Enclosure 4: Tab A
DEPARTMENT OF THE ARMY 

HEADQUARTERS, _____________and FORT _____ 

FORT __________, _________ 

REPLY TO 

ATTENTION OF 

ABCD-CG 

MEMORANDUM FOR Commander, United States Army Forces Command, Fort 

McPherson, GA 

SUBJECT: Notification of Command Structure at _____ and Fort ______During 

Operation Iraqi Freedom 2 

1. Purpose. To advise you of the prospective command structure for _____ and Fort 

______during the period I am deployed to Iraq in support of Operation Iraqi Freedom 2 (0IF2). 

Specifically, this memorandum explains the rationale for having Brigadier General [BG] 

Smith, Deputy Commanding General, ___ Corps, serve as the Commander, Fort _____, during 

my deployment in support of 01F2. 

2. Backqround. 

a. Assumption of Dual Role. On 21 January 2003 (enclosure 1), I assumed command of __ 

Corps& Fort _____. The position of Commander, Fort _____, is a TDA position (enclosure 2) 

and the position of Commander, III Corps, is a MTO&E position (enclosure 3). Based on 

informal discussions with the Department of Army General Officer Management Office and 

Resource Management personnel at Fort _____, the two billets have historically been filled by 

the same individual. 

b. Service as a General Court-Martial Convening Authority. Based on my service as 

Commander, III Corps, Article 22 of the Uniform Code of Military Justice (UCMJ) empowers me 

to be a GCMCA. In addition, Department of Army General Order 3, dated 19 January 1981 

[hereinafter DA GO 3/1981], empowers me to be a GCMCA pursuant to my position as 

Commander, __ Corps& Fort ____, and as Commander, Fort _____ (enclosure 4). Currently, I 

convene courts-martial for __ Corps units using the GCMCA authority vested in me as the 

Commander, __ Corps& Fort _____.1

 

c. Impact of 0lF2 on General Court-Martial Convening Authority at Fort _____. On or about 

15 January 2004, I will depart Fort _____ to serve as the Deputy Commander, Coalition Joint 

Task Force-7 [CJTF-7], Baghdad, Iraq. During the period I serve as the 

1 On 28 March 2003, the ________ Division began departing Fort _____ in support of OIF1. 

As a result, the undersigned currently exercises GCMCA authority over the ______ Division 

(Rear) (Provisional), in addition to serving as the GCMCA for __ Corps units. 

Enclosure 4: Tab B
ABCD-CG 

SUBJECT: Notification of Command Structure at _____ and Fort ______During 

Operation Iraqi Freedom 2 

Deputy Commander, CJTF-7, a need will exist to exercise GCMCA authority over __ Corps 

units in Iraq (and those attached or assigned to ___ Corps). Because I will not be able to use the 

GCMCA authority of the Commander, CJTF-7, while serving as the Deputy Commander, 

CJTF-7, I will be required to use the GCMCA authority vested in me as the Commander, III 

Corps. In addition, because I occupy all the positions that establish GCMCA authority for __ 

Corps and Fort ____, my retention of such authority will result in the complete absence of a 

GCMCA for those __ Corps units and personnel who remain at Fort _____ during OIF2.2 

3. Discussion. As set forth in the discussion below, BG Smith’s assumption of command as the 

Commander, Fort _____, does not contravene law or regulation and is necessary for the 

continued effective command, control, and administration of justice at Fort _____. 

a. Requirement for a GCMCA at Fort _____. Approximately 85% of the units that comprise 

the __ Corps military justice caseload will remain at (or return to) Fort _____ during OIF2, 

therefore the need for a local GCMCA is great. Although having a remote GCMCA is feasible 

in theory, it is impractical from both a work efficiency and command and control perspective. 

b. BG Smith Can Serve as the GCMCA for Fort _____ Without Contravening Law or 

Regulation. The position of Commander, Fort _____, and Commander, ___ Corps, are distinct 

positions. Accordingly, although historically only one individual has simultaneously served in 

both positions, the ability exists to bifurcate the duties and allow a separate individual to serve in 

each position. As a result, BG Smith can serve as the Commander, Fort _____, during my 

absence without affecting my role as Commander, III Corps. In turn, because DA GO 3/1981 

recognizes the Commander, Fort _____, as a distinct GCMCA, BG Smith would serve as the 

. GCMCA for __ Corps units and personnel who remain at Fort _____ (or return to Fort _____) 

during my OlF2 absence. BG Smith would assume command of Fort _____ pursuant to Army 

Regulation 600-20, paragraph 2-8. Because BG (P) Simmons's assumption of command is only 

during my OlF2 absence, formal assignment into the position (via the Department of Army 

General Officer Management Office) is not required. It is my intent to ultimately seek his formal 

assignment to that position. 

c. Establishment of a ___ Corps (Rear) (Provisional). As the Commander, Fort _____, BG 

Smith will be able to dispose of many of the actions that I normally act upon. 

2 The Commander, _____ Division, will depart Fort _____ in approximately April 2004 in 

support of OlF2 and therefore not be able to assume GCMCA responsibility for ___ Corps. 

Enclosure 4: Tab B
AFZF-CG 

SUBJECT: Notification of Command Structure at _____ and Fort ______During 

Operation Iraqi Freedom 2 

There is likely to be a limited number of actions, however, that by law must be acted upon by a 

corps commander (or higher) or do not relate specifically to Fort _____. Such actions would 

thereby exceeding BG Smith‘s authority as the Commander, Fort _____. As a result, with regard 

to those limited number of actions, a need would still exist either to have actions forwarded to me 

in Iraq or establish a __ Corps (Rear) (Provisional) whose commander could act upon the actions. 

To ensure the efficient and effective command and control of __ Corps during my absence, I am 

forwarding to you by separate memorandum a request to establish a __ Corps (Rear) 

(Provisional). I believe establishment of the provisional unit is required in order to ensure 

actions comply with law and regulation, while preserving the ability to handle matters by a 

commander within CONUS. The memorandum requests that DA appoint the senior officer 

within __ Corps as the Commander, __ Corps (Rear) (Provisional). If such request were granted, 

Major General Jones, Commander, _____ Division and Fort Carson, would be appointed as the 

Commander, __ Corps (Rear) (Provisional). 

3. POC is COL _____ at 123-45-6789. 

 

Lieutenant General, USA 

Commanding 

Encls 

1. Assumption of command 

2. Fort _____ TDA excerpt 

3. Fort _____ MTO&E excerpt 

4. DA GO 3 

Enclosure 4: Tab B
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL _______20XX 

MEMORANDUM FOR See Distribution 

SUBJECT: Establishment of Provisional Units and Jurisdictional Scheme ___ Corps Units and 

Personnel Remaining at Fort ______ During Operational Iraqi Freedom XX 

1. Purpose. To establish provisional units and the jurisdictional scheme for ___ Corps units 

which remain at Fort _____ during the current period of contingency operations. My actions are 

intended to ensure the command, control, and administration of justice 

during Operation Iraqi Freedom XX. 

2. Authority. 

 a. Article 22, Uniform Code of Military Justice (UCMJ) 

 b. Army Regulation 27-10, paragraph 5-2a(2) 

3. Specific Findinqs. I have determined that those provisional units established within this 

memorandum, and bearing the special court-martial convening authority ("SPCMCA") 

designation, are separate and detached commands for the purpose of Articles 23(3) and (6) of 

the Uniform Code of Military Justice (UCMJ). 

4. Jurisdictional Structure. The structure below reflects an ascending jurisdictional scheme. For 

example, each of the cited SPCMCA falls within the purview of the cited GCMCA. In turn, each 

of the units cited within each SPCMCA unit fall within the purview of that specific SPCMCA. 

a. Commander, Fort _____ - General Court-Martial Convening Authority. 

b. United States Army Garrison – Special Court-Martial Convening Authority. 

 (1) Headquarters Command Battalion (Rear) (Provisional) – Summary Court-Martial 

Convening Authority 

 (2) Headquarters and Headquarters Company, United States Army Garrison 

c. 1st Medical Brigade – Special Court-Martial Convening Authority 

 (1) 21st Combat Support Hospital – Summary Court-Martial Convening Authority 

All companies assigned or attached to the 21st CSH which remain at Fort _____ with 

Enclosure 4: Tab C
OFFICE SYMBOL 

SUBJECT: SUBJECT: Establishment of Provisional Units and Jurisdictional Scheme ___ 

Corps Units and Personnel Remaining at Fort ______ During Operational Iraqi Freedom XX 

2 

their regularly assigned commander. 

 (2) 61st Area Support Medical Battalion - Summary Court-Martial Convening Authority 

All companies assigned or attached to the 61st ASMB which remain at Fort _____ with 

their regularly assigned commander. 

 d. __ Infantry Division (Rear)(Provisional) - Special Court-Martial Convening Authority 

 (1) 1st BCT (Rear)(Provisional) – Summary Court-Martial Convening Authority 

 (2) 2nd BCT (Rear)(Provisional) – Summary Court-Martial Convening Authority 

 (3) 3rd BCT (Rear)(Provisional) – Summary Court-Martial Convening Authority 

 (4) Support Brigade (Rear)(Provisional) – Summary Court-Martial Convening Authority 

5. Savinqs Clause. Those personnel who remain at Fort Hood, and are not otherwise 

accounted for in any of the units cited in paragraph 4 above, shall be attached to Headquarters 

and Headquarters Company, United States Army Garrison, for the purpose of UCMJ and 

adverse administrative actions. 

6. Effect of Re-Deplovinq Units. 

 a. Upon re-deployment of a unit, for whom a provisional unit has been established within 

this memorandum, the commander of the parent unit shall request that the Commander, Fort 

Hood, authorize the inactivation of the provisional unit. Such approval is required, per this 

memorandum, in order to inactivate the unit and re-establish the parent unit as the superior 

UCMJ authority. 

 b. Upon re-deployment of a unit, which has had subordinate units re-aligned under another 

unit during the parent unit's absence, the commander of the parent unit shall coordinate with 

___ Corps G1 to restore the subordinate units to their pre-OIF8 UCMJ organizational structure. 

 c. The SPCMCA is responsible for ensuring the proper generation and publication of those 

orders, required by Army Regulation 600-8-105, for the re-alignment of units or inactivation of a 

provisional unit. The SPCMCA shall ensure the ___ Corps G1 and ___ Corps Office of the 

Staff Judge Advocate (Chief, Criminal Law Division) receive a copy of any such order. 

Enclosure 4: Tab C
OFFICE SYMBOL 

SUBJECT: SUBJECT: Establishment of Provisional Units and Jurisdictional Scheme ___ 

Corps Units and Personnel Remaining at Fort ______ During Operational Iraqi Freedom XX 

3 

7. Effective Date for Provisional Units and Orders Requirements. 

 a. The effective establishment date for those provisional units identified in this memorandum, 

which have not yet already been established by separate memorandum, shall be the date on 

which the regularly assigned commander deploys. 

b. The S-1 of each SPCMCA is responsible for ensuring the generation and publication of 

those orders necessary to lawfully appoint the commanders of provisional units and/or re-align 

units. 

c. The G1, ___ Corps and Fort ______, provide notice to Headquarters, Department of 

Army (DAMH-HSO), regarding the creation of the provisional units, as required by AR 220-5, 

paragraph, 2-5a. 

8. Explanation of Terms. As used in this memorandum, the term military justice includes, but is 

not limited to: courts-martial, non-judicial punishments action, administrative separations, 

memoranda of reprimand and admonition, and administrative reduction actions. 

9. If you have any questions or concerns, please contact COL SJA at 123-456-7890. 

Enclosures IMA CORPS COMMANDER 

as Lieutenant General, USA 

 Commanding 

Distribution: A 

Enclosure 4: Tab C
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL ______20XX 

MEMORANDUM FOR SEE DISTRIBUTION 

SUBJECT: General Court-Martial Convening Authority and Jurisdictional Scheme for Select 

Army Units in Iraq in Support of Operation Iraqi Freedom XX 

1. Purpose. To identify those units in Iraq for which the Commanding General, __ Corps, will 

serve as the General Courts-Martial Convening Authority (GCMCA) and the jurisdictional 

scheme for those units. My actions are intended to ensure the proper command, control, and 

administration of justice in Iraq during Operation Iraqi Freedom XX. 

2. Authority. 

 a. Articles 22, 23 Uniform Code of Military Justice (UCMJ) 

 b. R.C.M. 504 (Manual for Courts-Martial 2005) 

3. Jurisdictional Structure. The Commanding General, __ Corps, shall serve as the GCMCA for 

the units set forth below (and in the attached appendices). The court-martial convening authority 

for the commanders of the units delineated in this memorandum are also set forth. 

a. ___ Medical Brigade – Special Court-Martial Convening Authority (SPCMCA). 

• See Appendix A for those units for which the Commander, ___Medical Brigade, 

will serve as the SPCMCA 

b. ___ Corps Artillery -SPCMCA. 

• See Appendix B for those units for which the Commander, ___Corps Artillery, will 

serve as the SPCMCA 

c. ___ Signal Brigade SPCMCA. 

• See Appendix C for those units for which the Commander, ___Signal Brigade, 

will serve as the SPCMCA 

d. ___ Corps Support Command –SPCMCA. 

• See Appendix D for those units for which the Commander, ___Corps Support 

Command, will serve as the SPCMCA 

e. ___ Military Police Brigade – SPCMCA 

• See Appendix E for those units for which the Commander, ___Military Police 

Enclosure 4: Tab D
OFFICE SYMBOL 

SUBJECT: General Court-Martial Convening Authority and Jurisdictional Scheme for Select 

Army Units in Iraq in Support of Operation Iraqi Freedom XX 

2 

Brigade, will serve as the SPCMCA 

f. ___ Armor Brigade – SPCMCA 

• See Appendix F for those units for which the Commander, ___Armor Brigade, 

will serve as the SPCMCA 

g. ___ Aviation Brigade – SPCMCA 

• See Appendix G for those units for which the Commander, ___Aviation Brigade, 

will serve as the SPCMCA 

h. ___ Engineer Brigade – SPCMCA 

• See Appendix H for those units for which the Commander, ___Engineer Brigade, 

will serve as the SPCMCA 

i. ___ Military Intelligence Brigade –SPCMCA 

• See Appendix I for those units for which the Commander, ___Military lntelligence 

Brigade, will serve as the SPCMCA 

4. Savinqs Clause. 

a. Those Army units and personnel not assigned to units operating within Iraq, who are not 

otherwise accounted for in any of the units cited in paragraph 3 above (or the appendices), and 

are not accounted for in the jurisdictional memoranda for other major commands operating 

within Iraq shall be attached to Headquarters and Headquarters Company (HHC), __ Corps 

(and, commonly use that unit’s UCMJ chain), for the purpose of UCMJ and adverse 

administrative actions. 

b. Units affected by paragraph 4a above, who seek to administer a UCMJ chain 

independent of HHC, __ Corps, shall seek written approval from the Staff Judge Advocate, __ 

Corps. Although paragraph 4a does not limit a commander's authority to administer non-judicial 

punishment, paragraph 4a serves to limit the special and summary courts-martial convening 

authorities that a commander might otherwise have pursuant to Articles 23 and 24 of the UCMJ. 

As a result, commanders affected by paragraph 4a who seek to have courts-martial convening 

authority must satisfy the written authorization requirement delineated in this paragraph prior to 

exercising courts-martial convening authority. 

5. Explanation of Terms.

a. As used in this memorandum, the term military justice includes, but is not limited to: 

courts-martial, non-judicial punishments action, administrative separations, memoranda of 

Enclosure 4: Tab D
OFFICE SYMBOL 

SUBJECT: General Court-Martial Convening Authority and Jurisdictional Scheme for Select 

Army Units in Iraq in Support of Operation Iraqi Freedom XX 

3 

reprimand and admonition, and administrative reduction actions. 

b. As used in the appendices, the acronym "SCMCA" refers to summary courtmartial convening authority. 

6. COL SJA at 123-456-7890 is the POC for this memorandum. 

Enclosures IMA CORPS COMMANDER 

as Lieutenant General, USA 

 Commanding 

Distribution: A 

Enclosure 4: Tab D
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL _____20XX 

MEMORANDUM FOR Commander, Fort ______, Fort ______, ___ 12345-6789 

SUBJECT: Formal Recognition of the Fort _____ General Court-Martial Jurisdiction and 

Transfer of Select ___ Corps & Fort _____ Cases 

1. Purpose. To request you take the actions delineated below to ensure the command, 

control, and general administration of military justice at Fort _____ during Operation Iraqi 

Freedom (OIF). 

2. Authority. Rules for Courts-Martial, 401, 604, 1107, Manual for Courts-Martial (MCM 2005) 

3. Exercise of General Court-Martial Conveninq Authoritv (GCMCA). In your capacity as 

the Commander, Fort _____, request you serve as the GCMCA for those units listed in 

enclosure 1 and those units and personnel who are at Fort _____ and who would otherwise 

fall under the general court-martial authority of the GCMCA, ___ Corps & Fort _____. In my 

capacity as Commander, ___ Corps, I will serve as the GCMCA for units and personnel in 

Iraq who would otherwise fall under the GCMCA, ___ Corps & Fort _____. 

4. Transfer of Preferred Cases. 

a. Based on my extended absence in support of OIF, and the foreseeable disruptions 

that absence will cause on the administration of justice of current cases, I hereby request 

transfer of the following preferred cases under the provisions of Rule for Courts-Martial 

(RCM) 401 (c), for disposition as appropriate: 

 (1) U.S. v. John Doe, SSN, Unit. 

 (2) U.S. v. Jane Doe, SSN, Unit. 

 b. In addition, request you accept the transfer of any case preferred between the date of 

this memorandum and your acceptance of my request. 

5. Transfer of Post-Trial Cases. 

 a. Based on my extended absence in support of OIF, and the foreseeable disruptions 

that absence will cause on the administration of justice of current cases, I hereby request 

transfer of the following current post-trial cases under the provisions of Rule for Courts-Martial 

(RCM) 11 07(a), for action as appropriate: 

 (1) U.S. v. Ima Soldier, SSN, Unit. 

Enclosure 4: Tab E
OFFICE SYMBOL 

SUBJECT: Formal Recognition of the Fort _____ General Court-Martial Jurisdiction and 

Transfer of Select ___ Corps & Fort _____ Cases 

2 

 (2) U.S. v. Youra Soldier, SSN, Unit. 

 b. I have retained responsibility for the referred cases listed below. I referred the cases 

in my capacity as Commander, ___ Corps and Fort ____. In the event the cases listed 

below result in a requirement for post-trial processing, request transfer of each case for 

post-trial processing, under the provisions of RCM 1107(a), for action as appropriate: 

 (1) U.S. v. Bill Smith, SSN, Unit. 

 (2) U.S. v. Bob Jones, SSN, Unit. 

6. If you have any questions or concerns, please contact MAJ Chief of Justice at 123-456-

7890. 

Enclosure IMA CORPS COMMANDER 

Fort ___ Jurisdiction Memo, date Lieutenant General, USA 

 Commanding 

Enclosure 4: Tab E
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL _______20XX 

MEMORANDUM FOR Commander, ___ Corps, Baghdad, Iraq 

SUBJECT: Formal Recognition of the Fort _______ General Court-Martial Jurisdiction and 

Acceptance of __ Corps & Fort _______ Cases 

1. Purpose. To document my acceptance of your request to serve as the general court-martial 

convening authority (GCMCA) for select __ Corps and Fort _______ units/activities/personnel 

and accept the transfer of select __ Corps & Fort _______ cases. 

2. Decision. Based your request, I specifically: 

 a. Accept for disposition as appropriate, those pretrial cases cited in the _______ 20XX 

memorandum (hereinafter “___ Corps CG Transfer Memo.”). 

 b. Accept the transfer of any case preferred on or between _____ 20XX and the date of this 

memorandum. I specifically recognize the case of U.S. v. _________, SSN, Unit. 

 c. Accept, for processing and post-trial action as appropriate, those post-trial cases and 

potential post-trial cases cited in the __ Corps CG Transfer Memo. 

 d. Accept service as the GCMCA for those units listed in enclosure 1 of the __ Corps CG 

Transfer Memo and those units and personnel who are at Fort _______ and who would 

otherwise fall under the general court-martial authority of the GCMCA, ___ Corps & Fort 

_____. 

3. Findings. 

 a. Department of Army General Order 3, dated 19 January 1981, empowers me to be a 

GCMCA pursuant to my position as Commander, Fort ____. 

 b. On or about ______ 20XX, many units and most of the headquarters personnel from __ 

Corps began deploying from Fort _______ to the CENTCOM area of operations in support of 

OPERATION IRAQI FREEDOM. The deployment will affect the general court-martial 

convening authority of the Commander, __ Corps, and numerous special and summary courtsmartial convening authorities, and administrative and legal support personnel. Due to 

operational exigencies and the foreseeable disruptions caused by those exigencies, I find it in 

the interests of justice to take these actions. 

Enclosure 4: Tab F
OFFICE SYMBOL 

SUBJECT: Formal Recognition of the Fort _____ General Court-Martial Jurisdiction and 

Transfer of Select ___ Corps & Fort _____ Cases 

2 

4. If you have any questions or concerns, please contact MAJ Chief of Justice at 123-456-

7890. 

Enclosure IMA COMMANDER 

as Brigadier General, USA 

 Commanding 

Enclosure 4: Tab F
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL DATE 

MEMORANDUM FOR Commander, ___ Personnel Group, Fort _____, __ 12345-6789 

SUBJECT: Establishment of ___ Brigade Provisional Units 

1. Based on current contingency operations and pursuant to Army Regulation 220-5, paragraph 

2-5a, I approve: 

 a. The immediate establishment of the ___ Personnel Services Battalion (Rear) 

(Provisional). 

 b. The immediate establishment of a Headquarters and Headquarters Detachment (HHD) 

(Rear) (Provisional), __Personnel Group. 

2. I direct the following actions: 

a. The G1, ____Corps and Fort ______, provide notice to Headquarters, Department of 

Army (DAMH-HSO), regarding the creation of the __ Personnel Services Battalion (Rear) 

(Provisional), as required by AR 220-5, paragraph, 2-5a. 

b. The G1, ___ Corps and Fort ______, generate and publish the necessary orders to 

lawfully realign the __ Personnel Services Battalion (Rear) (Provisional), HHD (Rear) 

(Provisional), and various separate companies. 

c. The G1, ___Corps and Fort ______, and the S1, ___ Personnel Group, generate and 

publish the necessary orders as appropriate, to lawfully appoint the commanders of the 

provisional units. 

d. The S1, ___ Personnel Group, generate and publish the necessary orders to lawfully 

attach non-deployed soldiers to the HHD (Rear) (Provisional). 

3. If you have any questions or concerns, please contact MAJ Chief of Justice at 123-456-

7890. 

 IMA CORPS COMMANDER 

 Lieutenant General, USA 

 Commanding 

Enclosure 4: Tab G1
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL __________20XX 

MEMORANDUM FOR Commander, ___ Corps, and Fort ____, Fort _____, __ 12345-6789 

SUBJECT: SJA Advice - Establishment of ___ Brigade Provisional Units 

1. Purpose. To obtain your decision on a request by the Commander, _________________ 

Brigade (Bde), to establish provisional units within that command for the purpose of command, 

control, and the administration of justice during the current period of contingency operations. 

2. Discussion. 

 a. Need to Create Provisional Units. 

(1) Due to current operations, units within the _________Bde will deploy outside the 

continental United States. Of particular concern at this time is the _________Battalion. Once 

deployed, commanders for deploying units and most of the assigned soldiers will no longer be 

located at Fort ______. The deploying units will have soldiers who do not deploy ("nondeployed"), thereby remaining at Fort ______. Absent official action to properly defer the 

command authority of the non-deployed soldiers, such authority remains with the deployed 

commander. Disciplinary actions under the Uniform Code of Military Justice ("UCMJ") and 

adverse administrative actions would have to be forwarded to the deployed commander for 

disposition. 

 (2) In addition to the non-deployed soldiers, the _________Bde has several separate 

companies who are assigned to the _________Battalion for the purpose of punitive and 

adverse administrative matters. Based on current operations, the separate companies have 

been reassigned to the _________Bde for punitive and adverse administrative purposes to 

allow the _________Battalion commander to focus on deployment readiness. As a result, 

currently there is no battalion level commander for the separate companies and the 

_________Bde commander is having to fill that role. Creation of a provisional battalion level unit 

will facilitate having the separate companies assigned to that battalion level command, thereby 

relieving the _________Bde commander of those duties. 

 b. Authority to Create Provisional Units. As a general court-martial convening authority 

you are authorized to establish and designate provisional units within your command 

pursuant to Army Regulation (AR) 220-5, paragraph 2-5a. Upon creation of a provisional 

command, AR 27-10, paragraph 5-2a (2), authorizes you to designate the commander of a 

provisional unit as a special courts-martial convening authority. You are further authorized 

to establish provisional units that would be subordinate to the provisional SPCMCA. 

 c. Powers of Provisional Commanders. Provisional unit commanders have the authority 

Enclosure 4: Tab G2
OFFICE SYMBOL 

SUBJECT: SJA Advice - Establishment of ___ Brigade Provisional Units 

2 

granted under the Manual for Courts.-Martial and Army Regulation 27-10, commensurate with 

their unit and command designation. 

 d. Actions Requested. The Commander, _________Bde, requests you direct the following 

actions: 

 (1) Establishment of a Provisional Battalion. Pursuant to AR 220-5, paragraph 2-5a, 

immediately establish and designate a provisional battalion level unit, the _________Battalion 

(Rear) (Provisional). 

 (2) Establishment of Provisional Companies / Detachments. Pursuant to 

AR 220-5, paragraph 2-5a, establish and designate a Headquarters and Headquarters 

Detachment (Rear) (Provisional), to consolidate the administration of justice and adverse 

administrative actions within the _________Battalion and the _________Battalion (Rear) 

(Provisional). Soldiers within the _________Battalion, who remain at Fort ______ after their 

regularly assigned company deploys, will be attached to the HHD (Rear) (Provisional) upon 

deployment of their regularly assigned company level commander. Consistent with AR 27-10, 

paragraph 3-7a(4), commanders of provisional company level commands possess authority to 

administer military justice, as established by law and regulation, absent withdrawal of such 

authority by a superior. 

 e. Limitations on Provisional Units. The existence of a provisional unit may not exceed two 

years. Units providing personnel for the provisional unit may not receive 'replacement sources 

as a result of the vacancies created by attaching their soldiers to a provisional unit. 

3. Recommendations. I recommend you: 

a. Authorize the establishment of the _________Battalion (Rear) (Provisional) and direct 

its activation upon deployment of the regularly assigned _________Battalion Commander 

b. Authorize the immediate establishment of an HHD (Rear) (Provisional). 

c. Direct the G1, __ Corps and Fort ______, provide notice to Headquarters, 

Department of Army (DAMH-HSO), regarding the creation of the _________Battalion 

(Rear) (Provisional), as required by AR 220-5, paragraph, 2-5a. 

d. Direct the G1, __ Corps and Fort ______, generate and publish the necessary 

orders to lawfully realign the _________Battalion (Rear) (Provisional), HSC (Rear) 

(Provisional), and the various separate companies. 

 e. Direct the G1, __ Corps and Fort ______, and the S1, _________Bde, generate 

and publish the necessary orders, as appropriate, to lawfully appoint the commanders of 

the provisional units. 

Enclosure 4: Tab G2
OFFICE SYMBOL 

SUBJECT: SJA Advice - Establishment of ___ Brigade Provisional Units 

3 

 f. The S1, _________Bde, generate and publish the necessary orders to lawfully 

attach non-deployed soldiers to the HSC (Rear) (Provisional). 

 g. A memo to accomplish these actions is enclosed. 

4. POC is the undersigned at 123-456-7890. 

3 Enclosures IMA SJA 

1. AR 220-5 excerpt Colonel, JA 

2. AR 27-10 excerpt Staff Judge Advocate 

3. Establishment of Provisional Units 

 

Enclosure 4: Tab G2
DEPARTMENT OF THE ARMY 

LETTERHEAD 

OFFICE SYMBOL ______20XX 

___ Corps and Fort _____, (WABCD) Fort _____, ___ 12345-6789 

Following organization/unit action directed. 

Action: Organize provisional units designated as __ Corps (Rear)(Provisional)(WABCD) Fort 

____, ___ 12345-6789 

Assigned to: ____ Corps and Fort ____ 

Attached to: ____ Corps (Rear)(Provisional) Fort ____ 

Mission: To provide command, control, and administration of justice over the ___ Corps units 

and personnel who do not deploy in support of Operation Iraqi Freedom and fall within the 

general court-martial jurisdiction of the Commander, ___ Corps and the Commander, Fort 

_____ . Effective date of organization: 15 July XXXX Organization terminates: TBD 

Military structure strength: Not applicable 

Military authorized strength: Not applicable 

Civilian structure strength: Not applicable 

Civilian authorized strength: Not applicable 

Accounting classification: Not applicable 

Authority: AR 220-5; AR 27-10, Memoranda dated ________ SUBJECT: Request for the 

Establishment of a ___ Corps (Rear Provisional) and SUBJECT: Notification of Command 

Structure at ___ Corps & Fort _____ During Operation Iraqi Freedom, which notifies 

FORSCOM that the Commander, Fort _____ will serve as the general court-martial 

convening authority for ___ Corps units and personnel who remain at Fort _____ during 

Operation Iraqi Freedom. 

Additional Instructions: Effective the organization date, Commander, Fort _____ assumes 

UCMJ authority as set forth in Memoranda dated _________, SUBJECT: Notification of 

Command Structure at Fort _____ During Operation Iraqi Freedom, SUBJECT: Request for the 

Establishment of a ___ Corps (Rear) (Provisional) and Commander Designation, and 

SUBJECT: General Court-Martial Convening Authority and Jurisdictional Scheme for Select 

Army Units in Iraq in Support of Operation Iraqi Freedom XX. Effective the organization date, 

Commander, Fort _____ assumes peacetime award approval authority according to AR 600-8-

22 for Fort _____ units and personnel who do not deploy in support of Operation Iraqi Freedom 

XX. The Commander, ___ Corps (Rear) (provisional) assumes peacetime award approval 

authority according to AR 600-8-22 for ___ Corps units outside of Fort _____ and personnel 

who do not deploy in support of Operation Iraqi Freedom XX. 

Format: 740 

Enclosure 4: Tab H
BY COMMAND OF LTG ___________: 

 Colonel, GS 

 ACofS. G-1/AG 

DISTRIBUTION: 

2 - Dir, US Army CMH (DAMH-FPO), 103 Third Ave, Fort McNair, WASH DC 20319-5058; 5 - 

Cdr, HRC (1- EPMD; 1 - OPMD; 1- SIDPERS; 1 - POD; 1 - CS-OPS), - 5 Cdr, FORSCOM (1 - 

EPMD, 1- OPMD, I-SIDPERS; I POD; 1 -CS-OPS), 17 - Cdr, USAREURl7A (1AECH-PER; 1 - 

AEAEN-IP-FR; 1 - AEAGA-C; 1 - AEAGA-M; 

l-AEAGC-FMD-DE; l-AEAGC-FMD-I(UICIO); l-AEAGC-IO-TO; l-AEAGD-ROA; 

1 - AEAGD-BP; 1 - AEAGD-SD; 1 - AEAGF-C; 1 - AEAGF-M; 1 - AEAGS-MH; 1 AEAIM-SM-EB; 

2 - AEAJA-X; 1 - AEAPM-PL); 1 - Cdr, ___ Corps , 5 - Cdr, 1 st PERSCOM (1- AEUPE-EPMOR; l-AEUPE-OPMD; 1- AEUPE-PIMD-SIDPERS; l-AEUPE-PODOPSD; 1 - AEUPE-CS-OPS), 

Unit 29058, APO AE 09081-9058; 19 - Cdr, V Corps (5- AETVGFM; 5 - AETV -AGM; 5 - AETV -

GSF; 2 - AETV -CSH; 2 - AEUPE-PSB-HA (SIDPERS), 1 AETV - THN, 1 - AETV -THO, 1- 

AETV - THR, l-AETV - THQ, 1 - AETV - THT, 1 - AETV - THNA, 1 - AETV - THN-A (Rear) 

(Provisional) 

Enclosure 4: Tab H
DEPARTMENT OF THE ARMY 

LETTERHEAD 

OFFICE SYMBOL ____20XX 

___ Corps and Fort _____, (WABCD) Fort _____, ___ 12345-6789 

Following organization/unit action directed. 

Action: Organize provisional units designated as __ Corps (Rear)(Provisional)(WABCD) Fort 

____, ___ 12345-6789 

Assigned to: ____ Corps and Fort ____ 

Attached to: ____ Corps (Rear)(Provisional) Fort ____ 

Mission: To provide command, control, and administration of justice over the units and 

personnel for the units set forth below. 

a. __d Medical Brigade (-) 

b. __Corps Artillery (-) 

c. __rd Signal Brigade (-) 

d. __th Corps, Support Command (-) 

e. __th Military Police (MP) Brigade (-) 

f. __st Armor Brigade (-) 

g. __th Military Police (MP) Brigade (-) 

h. __d Corps Support Group (-) 

i. __th Aviation Group (-) 

j. __rd Engineer Group (-) 

k. __th Engineer Brigade (-) 

1. __th Military Intelligence Brigade (-) 

m. __rd Corps Support Group (-) 

Effective date of organization: 15 July XXXX Organization terminates: TBD 

Military structure strength: Not applicable 

Military authorized strength: Not applicable 

Civilian structure strength: Not applicable 

Civilian authorized strength: Not applicable 

Accounting classification: Not applicable 

Authority: AR 220-5; AR 27-10, Memoranda dated ________ SUBJECT: Request for the 

Establishment of a ___ Corps (Rear Provisional) and SUBJECT: Notification of Command 

Structure at ___ Corps & Fort _____ During Operation Iraqi Freedom, which notifies 

FORSCOM that the Commander, Fort _____ will serve as the general court-martial 

convening authority for ___ Corps units and personnel who remain at Fort _____ during 

Operation Iraqi Freedom XX. 

Additional Instructions: Additional Instructions: Commander, __Corps assumes authority for 

UCMJ and adverse administrative actions over the units set forth in Memorandum dated 19 

Enclosure 4: Tab H
December 20XX, SUBJECT: General Court-Martial Convening Authority (GCMCA) and 

Jurisdictional Scheme for Select Army Units in Iraq in Support of Operation Iraqi Freedom 

XX, upon arrival of those units or personnel in the CENTCOM area of operations. 

Commander, __ Corps, assumes wartime award approval authority according to AR 600-8-

22 for units listed in the mission statement above that deploy in support of Operation Iraqi 

Freedom XX. 

Format: 740 

BY COMMAND OF LTG ___________: 

 Colonel, GS 

 ACofS. G-1/AG 

DISTRIBUTION: 

2 - Dir, US Army CMH (DAMH-FPO), 103 Third Ave, Fort McNair, WASH DC 20319-5058; 5 - 

Cdr, HRC (1- EPMD; 1 - OPMD; 1- SIDPERS; 1 - POD; 1 - CS-OPS), - 5 Cdr, FORSCOM (1 - 

EPMD, 1- OPMD, I-SIDPERS; I POD; 1 -CS-OPS), 17 - Cdr, USAREURl7A (1AECH-PER; 1 - 

AEAEN-IP-FR; 1 - AEAGA-C; 1 - AEAGA-M; l-AEAGC-FMD-DE; l-AEAGC-FMD-I(UICIO); lAEAGC-IO-TO; l-AEAGD-ROA; 1 - AEAGD-BP; 1 - AEAGD-SD; 1 - AEAGF-C; 1 - AEAGF-M; 1 

- AEAGS-MH; 1 AEAIM-SM-EB; 2 - AEAJA-X; 1 - AEAPM-PL); 1 - Cdr, ___ Corps , 5 - Cdr, 1 st 

PERSCOM (1- AEUPE-EPMO-R; l-AEUPE-OPMD; 1- AEUPE-PIMD-SIDPERS; l-AEUPE-PODOPSD; 1 - AEUPE-CS-OPS), Unit 29058, APO AE 09081-9058; 19 - Cdr, V Corps (5- AETVGFM; 5 - AETV -AGM; 5 - AETV -GSF; 2 - AETV -CSH; 2 - AEUPE-PSB-HA (SIDPERS), 1 -

AETV - THN, 1 - AETV -THO, 1- AETV - THR, l-AETV - THQ, 1 - AETV - THT, 1 - AETV - THNA, 1 - AETV - THN-A (Rear) (Provisional) 

Enclosure 4: Tab H
DEPARTMENT OF THE ARMY 

Letterhead 

REPLY TO ATTENTION OF: 

OFFICE SYMBOL ______20XX 

MEMORANDUM FOR Commander, ___Infantry Division, Fort ______, ___ 12345-6789 

SUBJECT: Transfer of Select ___ Infantry Division Court-Martial Cases 

1. Purpose. To request you accept the cases of US v. Private First Class Smith and US v. 

Specialist Jones for disposition, as appropriate. 

2. Basis for Request.

a. On ___ March 20XX, you requested that the Commander, ___ Corps & Fort ______, 

serve as the general court-martial convening authority (GCMCA) for the ___ Infantry Division 

(Rear) (Provisional) (__ID (R)(P)) and the attachment of the __ID (R)(P) to ___ Corps for the 

purpose of UCMJ or adverse administrative actions. You requested the attachment based on 

the deployment of the ___ Infantry Division in support of Operation Iraqi Freedom XX. The 

Commander, ___ Corps & Fort ______, approved your request on _____ 20XX. 

b. On ________20XX, the Commander, ___ Corps, requested the Commander, Fort _____, 

serve as the GCMCA for, and accept responsibility of the Fort _______ court-martial 

jurisdiction. Included in that jurisdiction was the ___ ID (R)(P). The Commander, Fort _____, 

approved that request on ________20XX. 

c. On ________20XX, court-martial charges were preferred against Private First Class 

Smith, 123rd Cavalry Regiment (Rear) (Provisional) [(R)(P)], ___ Brigade (R)(P), __ID 

(M)(R)(P)] (enclosure 1) and Specialist Jones (123rd Aviation Support Battalion (R) (P), 

Division Support Command (R) (P), __ID (M)(R)(P)) (enclosure 2). 

d. On ________20XX, the Headquarters, __ID , formally returned to Fort _____the 

Commander, __ID , has resumed exercising general court-martial convening authority over all 

___ID Soldiers at Fort ___. 

3. Recommendation. Based on the facts delineated in paragraph above, request you accept 

the cases of US v. Private First Class Smith and US v. Specialist Jones for disposition as 

appropriate. 

4. MAJ Chief of Justice, __ Corps (Rear)(Provisional), is the POC for this memorandum. 

Enclosures IMA REAR COMMANDER 

1. PFC Smith, DD Form 458 Brigadier General, USA 

2. c. SPC Jones, DD Form 458 Commanding 

Enclosure 4: Tab I