[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39883-39886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16265]



[[Page 39883]]

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DEPARTMENT OF DEFENSE

Office of the Secretary


Manual for Courts-Martial

AGENCY: Joint Service Committee on Military Justice (JSC).

ACTION: Notice of Summary of Public Comment Received Regarding Proposed 
Amendments to the Manual for Courts-Martial, United States, (1998 ed.).

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SUMMARY: The JSC is forwarding final proposed amendments to the Manual 
for Courts-Martial, United States, (1998 ed.) (MCM) to the Department 
of Defense. The proposed changes concern the rules of procedure 
applicable in trials by courts-martial and implement the amendment to 
Article 19 of the Uniform Code of Military Justice contained in section 
577 of the National Defense Authorization Act for Fiscal Year 2000. 
Subject to limitations prescribed by the President, the amendment 
increased the jurisdictional maximum punishment at special courts-
martial to confinement for one year and forfeitures not exceeding two-
thirds pay per month for one year, vice the previous six-month 
jurisdictional limitation. The proposed changes have not been 
coordinated within the Department of Defense under DoD Directive 
5500.1, ``Preparation and Processing of Legislation, Executive Orders, 
Proclamations, and Reports and Comments Thereon,'' May 21, 1964, and do 
not constitute the official position of the Department of Defense, the 
Military Departments, or any other government agency.

ADDRESSES: Comments and materials received from the public are 
available for inspection or copying at the U.S. Air Force, Air Force 
Legal Services Agency, Military Justice Division, Room 202, 112 Luke 
Avenue, Bolling Air Force Base, Washington, DC 20332-8000, between 8 
a.m. and 3:30 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lt. Col. Thomas C. Jaster, U.S. Air 
Force, Air Force Legal Services Agency, 112 Luke Avenue, Room 343, 
Bolling Air Force Base, Washington, DC 20332-8000, (202) 767-1539; FAX 
(202) 404-8755.

SUPPLEMENTAL INFORMATION:

Background

    On April 4, 2000, the JSC published a Notice of Proposed Amendments 
to the Manual for Courts-Martial, (MCM) United States, (1998 ed.) and 
Notice of Public Meeting. On April 18, 2000, the public meeting was 
held and one individual provided oral comment. The JSC also received 
two letters commenting on the proposed amendments.

Purpose

    The proposed changes concern the rules of procedure applicable in 
trials by courts-martial and implement the amendment to Article 19 of 
the Uniform Code of Military Justice (UCMJ) contained in section 577 of 
the National Defense Authorization Act for Fiscal Year 2000. Subject to 
limitations prescribed by the President, the amendment increased the 
jurisdictional maximum punishment at special courts-martial to 
confinement for one year and forfeitures not exceeding two-thirds pay 
per month for one year, vice the previous six-month jurisdictional 
limitation.

Discussion of Comments and Changes

    The two written comments received were not supportive of the 
amendments. The first writer addressed problems he saw with the 
decision to expand the jurisdiction of special courts-martial. The 
second writer believed that Congress enacted incomplete legislation 
and, in doing so, upset the coherence and unity within the Uniform Code 
of Military Justice. The writer also believed that the JSC proposed 
amendments to implement the change to Article 19, UCMJ, created 
internal philosophical conflicts within the MCM provisions. He 
recommended withholding action on the proposed MCM amendments until 
Articles 54(c) and 66, UCMJ, were also amended to mandate verbatim 
transcripts and appellate review in cases involving a bad conduct 
discharge or confinement in excess of six months or forfeitures of pay 
in excess of six months. He recommended the MCM apply similar 
protections. The second writer also recommended that the current 
Discussion accompanying R.C.M. 1107(d)(1) addressing the mitigation of 
a bad conduct discharge be retained and suggested that the amendment to 
the analysis accompanying R.C.M. 1107 contained typographical errors.
    The JSC has considered the oral and written comment provided and is 
satisfied that the proposed amendments are appropriate to implement the 
Congressional change to Article 19, UCMJ. However, the JSC has 
reexamined the analysis accompanying R.C.M. 1107 and has corrected the 
identified typographical errors. The JSC recognized the arguable 
tension between Article 19 as amended and Article 54(c)(1)(B) and took 
those matters into consideration prior to publication of the proposed 
amendments. After reconsidering the issues raised, the JSC does not 
believe the proposed MCM amendments are internally inconsistent or 
upset the basic architecture of the UCMJ and will forward the proposed 
amendments to the Department of Defense.
    All public comment received will be forwarded, along with the 
proposed amendments, to the Department of Defense.

Proposed Amendments After Consideration of Public Comment Received

    The proposed amendments to the Manual for Courts-Martial are as 
follows:
    Amend R.C.M. 201(f)(2)(B)(i) to read as follows:
    ``(i) Upon a finding of guilty, special courts-martial may adjudge, 
under limitations prescribed by this Manual, any punishment authorized 
under R.C.M. 1003 except death, dishonorable discharge, dismissal, 
confinement for more than 1 year, hard labor without confinement for 
more than 3 months, forfeiture of pay exceeding two-thirds pay per 
month, or any forfeiture of pay for more than 1 year.''
    Amend R.C.M. 201(f)(2)(B)(ii) to read as follows:
    ``(ii) A bad-conduct discharge, confinement for more than six 
months, or forfeiture of pay for more than six months, may not be 
adjudged by a special court-martial unless:
    (a) Counsel qualified under Article 27(b) is detailed to represent 
the accused; and
    (b) A military judge is detailed to the trial, except in a case in 
which a military judge could not be detailed because of physical 
conditions or military exigencies. Physical conditions or military 
exigencies, as the terms are here used, may exist under rare 
circumstances, such as on an isolated ship on the high seas or in a 
unit in an inaccessible area, provided compelling reasons exist why 
trial must be held at that time and at that place. Mere inconvenience 
does not constitute a physical condition or military exigency and does 
not excuse a failure to detail a military judge. If a military judge 
cannot be detailed because of physical conditions or military 
exigencies, a bad-conduct discharge, confinement for more than six 
months, or forfeiture of pay for more than six months, may be adjudged 
provided the other conditions have been met. In that event, however, 
the convening authority shall, prior to trial, make a written statement 
explaining why a military judge could not be obtained. This statement 
shall be appended to the record of trial and shall set forth in detail 
the reasons why a

[[Page 39884]]

military judge could not be detailed, and why the trial had to be held 
at that time and place.''
    Amend the analysis accompanying R.C.M. 201(f) by inserting the 
following before the discussion of subsection (3):
    ``2000 Amendment: Subsections (f)(2)(B)(i) and (f)(2)(B)(ii) were 
amended to remove previous limitations and thereby implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law No. 106-65, 113 Stat. 512 (1999). Subject to limitations prescribed 
by the President, the amendment increased the jurisdictional maximum 
punishment at special courts-martial to confinement for one year and 
forfeitures not exceeding two-thirds pay per month for one year, vice 
the previous six-month jurisdictional limitation.''
    Amend the seventh paragraph of the Discussion accompanying R.C.M. 
601(e)(1) to read as follows:
    ``The convening authority should acknowledge by an instruction that 
no bad-conduct discharge, confinement for more than six months, or 
forfeiture of pay for more than six months, may be adjudged when the 
prerequisites under Article 19 will not be met. See R.C.M. 
201(f)(2)(B)(ii). For example, this instruction should be given when a 
court reporter is not detailed.''
    Amend the first paragraph of the Discussion accompanying R.C.M. 808 
to read as follows:
    ``Except in a special court-martial not authorized to adjudge a 
bad-conduct discharge, confinement for more than six months, or 
forfeiture of pay for more than six months, the trial counsel should 
ensure that a qualified court reporter is detailed to the court-
martial. Trial counsel should also ensure that all exhibits and other 
documents relating to the case are properly maintained for later 
inclusion in the record. See also R.C.M. 1103(j) as to the use of 
videotapes, audiotapes, and similar recordings for the record of trial. 
Because of the potential requirement for a verbatim transcript, all 
proceedings, including sidebar conferences, arguments, and rulings and 
instructions by the military judges, should be recorded.''
    Amend the sixth paragraph of the Discussion accompanying R.C.M. 
1003(b)(2) to read as follows:
    ``At a special court-martial, if a bad-conduct discharge and 
confinement are adjudged, then the operation of Article 58b results in 
a forfeiture of two-thirds of pay only (not allowances) during that 
period of confinement. If only confinement is adjudged, and that 
confinement exceeds six months, then the operation of Article 58b 
results in a forfeiture of two-thirds of pay only (not allowances) 
during the period of confinement. If only a bad conduct discharge is 
adjudged, Article 58b has no effect on pay.''
    Amend R.C.M. 1103(b)(2)(B)(i) to read as follows:
    ``(i) Any part of the sentence adjudged exceeds six months 
confinement, forfeiture of pay greater than two-thirds pay per month, 
or any forfeiture of pay for more than six months or other punishments 
which may be adjudged by a special court-martial; or''
    Amend the analysis accompanying R.C.M. 1103(b)(2)(B) by inserting 
the following before the discussion of subsection (2)(C):
    ``2000 Amendment: Subsection (2)(B) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law No. 106-65, 113 Stat. 512 (1999) increasing the jurisdictional 
maximum punishment at special courts-martial. R.C.M. 1103(b)(2)(B) was 
amended to prevent an inconsistent requirement for a verbatim 
transcript between a general court-martial and a special court-martial 
when the adjudged sentence of a general court-martial does not include 
a punitive discharge or confinement greater than six months, but does 
include forfeiture of two-thirds pay per month for more than six months 
but not more than 12 months.''
    Amend R.C.M. 1103(c) to read as follows:
    ``(c) Special courts-martial.
    (1) Involving a bad-conduct discharge, confinement for more than 
six months, or forfeiture of pay for more than six months. The 
requirements of subsections (b)(1), (b)(2)(A), (b)(2)(B), (b)(2)(D), 
and (b)(3) of this rule shall apply in a special court-martial in which 
a bad-conduct discharge, confinement for more than six months, or 
forfeiture of pay for more than six months, has been adjudged.
    (2) All other special courts-martial. If the special court-martial 
resulted in findings of guilty but a bad-conduct discharge, confinement 
for more than six months, or forfeiture of pay for more than six 
months, was not adjudged, the requirements of subsections (b)(1), 
(b)(2)(D), and (b)(3)(A)-(F) and (I)-(M) of this rule shall apply.''
    Amend the analysis accompanying R.C.M. 1103(c) by inserting the 
following before the discussion of subsection (e):
    ``2000 Amendment: Subsection (c) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. R.C.M. 1103(c) was amended to 
conform the requirements for a verbatim transcript with the 
requirements of Article 19 for a ``complete record'' in cases where the 
adjudged sentence includes a bad-conduct discharge, confinement for 
more than six months, or forfeiture of pay for more than six months.''
    Amend R.C.M. 1103(f)(1) to read as follows:
    ``(1) Approve only so much of the sentence which could be adjudged 
by a special court-martial, except that no bad-conduct discharge, 
confinement for more than six months, or forfeiture of two-thirds pay 
per month for more than six months, may be approved; or''
    Amend the analysis accompanying R.C.M. 1103(f) by inserting the 
following before the discussion of subsection (g):
    ``2000 Amendment: Subsection (f)(1) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. R.C.M. 1103(f)(1) was amended to 
include the additional limitations on sentence contained in Article 19, 
UCMJ.''
    Amend R.C.M. 1104(a)(2)(A) to read as follows:
    ``(A) Authentication by the military judge. In special courts-
martial in which a bad-conduct discharge, confinement for more than six 
months, or forfeiture of pay for more than six months, has been 
adjudged and in general courts-martial, except as provided in 
subsection (a)(2)(B) of this rule, the military judge present at the 
end of the proceedings shall authenticate the record of trial, or that 
portion over which the military judge presided. If more than one 
military judge presided over the proceedings, each military judge shall 
authenticate the record of the proceedings over which that military 
judge presided, except as provided in subsection (a)(2)(B) of this 
rule. The record of trial of special courts-martial in which no bad-
conduct discharge, confinement for more than six months, or forfeiture 
of pay for more than six months, was adjudged shall be authenticated in 
accordance with regulations of the Secretary concerned.''
    Amend the analysis accompanying R.C.M. 1104(a) by inserting the

[[Page 39885]]

following before the discussion of subsection (b):
    ``2000 Amendment: Subsection (a)(2)(A) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. R.C.M. 1104(a)(2)(A) was amended 
to ensure that the military judge authenticates all verbatim records of 
trial at special courts-martial.''
    Amend R.C.M. 1104(e) to read as follows:
    ``(e) Forwarding. After every court-martial, including a rehearing 
and new and other trials, the authenticated record shall be forwarded 
to the convening authority for initial review and action, provided that 
in case of a special court-martial in which a bad-conduct discharge or 
confinement for one year was adjudged or a general court-martial, the 
convening authority shall refer the record to the staff judge advocate 
or legal officer for recommendation under R.C.M. 1106 before the 
convening authority takes action.''
    Amend the analysis accompanying R.C.M. 1104(e) by inserting the 
following at the end of the discussion of subsection (e):
    ``2000 Amendment: Subsection (e) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. This amendment reflects the 
change to R.C.M. 1106 for special court-martial with an adjudged 
sentence that includes confinement for one year.''
    Amend R.C.M. 1106(a) to read as follows:
    ``(a) In general. Before the convening authority takes action under 
R.C.M. 1107 on a record of trial by general court-martial or a record 
of trial by special court-martial which includes a sentence to a bad-
conduct discharge or confinement for one year, that convening 
authority's staff judge advocate or legal officer shall, except as 
provided in subsection (c) of this rule, forward to the convening 
authority a recommendation under this rule.''
    Amend the analysis accompanying R.C.M. 1106(a) by inserting the 
following before the discussion of subsection (b):
    ``2000 Amendment: Subsection (e) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. This amendment requires all 
special courts-martial cases subject to appellate review to comply with 
this rule.''
    Amend the second paragraph of the Discussion accompanying R.C.M. 
1107(d)(1) to read as follows:
    ``When mitigating forfeitures, the duration and amounts of 
forfeiture may be changed as long as the total amount forfeited is not 
increased and neither the amount nor duration of the forfeitures 
exceeds the jurisdiction of the court-martial. When mitigating 
confinement or hard labor without confinement, the convening authority 
should use the equivalencies at R.C.M. 1003(b)(6) and (7), as 
appropriate. One form of punishment may be changed to a less severe 
punishment of a different nature, as long as the changed punishment is 
one that the court-martial could have adjudged. For example, a bad-
conduct discharge adjudged by a special court-martial could be changed 
to confinement for up to one year (but not vice versa). A pretrial 
agreement may also affect what punishments may be changed by the 
convening authority.''
    Amend R.C.M. 1107(d)(4) to read as follows:
    ``(4) Limitations on sentence based on record of trial. If the 
record of trial does not meet the requirements of R.C.M. 1103(b)(2)(B) 
or (c)(1), the convening authority may not approve a sentence in excess 
of that which may be adjudged by a special court-martial, or one which 
includes a bad-conduct discharge, confinement for more than six months, 
forfeiture of pay exceeding two-thirds pay per month, or any forfeiture 
of pay for more than six months.''
    Amend the analysis accompanying R.C.M. 1107(d) by inserting the 
following at the end of the discussion of subsection (d):
    ``2000 Amendment: The Discussion accompanying subsection (d)(1) was 
amended to implement the amendment to 10 U.S.C. 819 (Article 19, UCMJ) 
contained in section 577 of the National Defense Authorization Act for 
Fiscal Year 2000, Public Law 106-65, 113 Stat. 512 (1999) increasing 
the jurisdictional maximum punishment at special courts-martial. R.C.M. 
1107(d)(4) was amended to include the additional limitations on 
sentence contained in Article 19, UCMJ.''
    Amend R.C.M. 1109(e) and (e)(1) to read as follows:
    ``(e) Vacation of a suspended special court-martial sentence 
wherein a bad-conduct discharge or confinement for one year was not 
adjudged.
    (1) In general. Before vacating the suspension of a special court-
martial punishment that does not include a bad-conduct discharge or 
confinement for one year, the special court-martial convening authority 
for the command in which the probationer is serving or assigned shall 
cause a hearing to be held on the alleged violation(s) of the 
conditions of suspension.''
    Amend the analysis accompanying R.C.M. 1109(e) by inserting the 
following at the end of the discussion of subsection (e):
    ``2000 Amendment: Subsection (e) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial.''
    Amend R.C.M. 1109(f) and (f)(1) to read as follows:
    ``(f) Vacation of a suspended special court-martial sentence that 
includes a bad-conduct discharge or confinement for one year.
    (1) The procedure for the vacation of a suspended approved bad-
conduct discharge or of any suspended portion of an approved sentence 
to confinement for one year, shall follow that set forth in subsection 
(d) of this rule.''
    Amend the analysis accompanying R.C.M. 1109(f) by inserting the 
following at the end of the discussion of subsection (f):
    ``2000 Amendment: (f) Vacation of a suspended special court-martial 
sentence that includes a bad-conduct discharge or confinement for one 
year. Subsection (f) was amended to implement the amendment to 10 
U.S.C. 819 (Article 19, UCMJ) contained in section 577 of the National 
Defense Authorization Act for Fiscal Year 2000, Public Law 106-65, 113 
Stat. 512 (1999) increasing the jurisdictional maximum punishment at 
special courts-martial. This amendment reflects the decision to treat 
an approved sentence of confinement for one year, regardless of whether 
any period of confinement is suspended, as a serious offense, in the 
same manner as a suspended approved bad-conduct discharge at special 
courts-martial under Article 72, UCMJ and R.C.M. 1109.''
    Amend the Discussion accompanying R.C.M. 1109(f) to read as 
follows:
    ``An officer exercising special court-martial jurisdiction may 
vacate any suspended punishments other than an

[[Page 39886]]

approved suspended bad-conduct discharge or any suspended portion of an 
approved sentence to confinement for one year, regardless of whether 
they are contained in the same sentence as the bad-conduct discharge or 
confinement for one year. See Appendix 18 for a sample of a Report of 
Proceedings to Vacate Suspension of a Special Court-Martial Sentence 
including a bad-conduct discharge or confinement for one year under 
Article 72, UCMJ, and R.C.M. 1109 (DD Form 455).''
    Amend the title to Appendix 18 to read as follows:
    ``Report of Proceedings to Vacate Suspension of a General Court-
Martial or of a Special Court-Martial Sentence Including a Bad-Conduct 
Discharge or Confinement for One Year Under Article 72, UCMJ, and 
R.C.M. 1109 (DD Form 455).''
    Amend R.C.M. 1110(a) to read as follows:
    ``(a) In general. After any general court-martial, except one in 
which the approved sentence includes death, and after any special 
court-martial in which the approved sentence includes a bad-conduct 
discharge or confinement for one year, the accused may waive or 
withdraw appellate review.''
    Amend the analysis accompanying R.C.M. 1110(a) by inserting the 
following at the end of the discussion of subsection (a):
    ``2000 Amendment: Subsection (a) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial.''
    Amend the Discussion accompanying R.C.M. 1110(a) to read as 
follows:
    ``Appellate review is not available for special courts-martial in 
which a bad-conduct discharge or confinement for one year was not 
adjudged or approved or for summary courts-martial. Cases not subject 
to appellate review, or in which appellate review is waived or 
withdrawn, are reviewed by a judge advocate under R.C.M. 1112. Such 
cases may also be submitted to the Judge Advocate General for review. 
See R.C.M. 1201(b)(3). Appellate review is mandatory when the approved 
sentence includes death.''
    Amend R.C.M. 1111(b) to read as follows:
    ``(1) Cases including an approved bad-conduct discharge or 
confinement for one year. If the approved sentence of a special court-
martial includes a bad-conduct discharge or confinement for one year, 
the record shall be disposed of as provided in subsection (a) of this 
rule.
    (2) Other cases. The record of trial by a special court-martial in 
which the approved sentence does not include a bad-conduct discharge or 
confinement for one year shall be forwarded directly to a judge 
advocate for review under R.C.M. 1112. Four copies of the order 
promulgating the result of trial shall be forwarded with the record of 
trial, unless otherwise prescribed by regulations of the Secretary 
concerned.''
    Amend the analysis accompanying R.C.M. 1111(b) by inserting the 
following at the end of the discussion:
    ``2000 Amendment: R.C.M. 1111(b) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. The amendment ensures all special 
courts-martial not requiring appellate review are reviewed by a judge 
advocate under R.C.M. 1112.''
    Amend R.C.M. 1112(a)(2) to read as follows:
    ``Each special court-martial in which the accused has waived or 
withdrawn appellate review under R.C.M. 1110 or in which the approved 
sentence does not include a bad-conduct discharge or confinement for 
one year; and''
    Amend the analysis accompanying R.C.M. 1112 by inserting the 
following at the end of the discussion:
    ``2000 Amendment: R.C.M. 1112(a)(2) was amended to implement the 
amendment to 10 U.S.C. 819 (Article 19, UCMJ) contained in section 577 
of the National Defense Authorization Act for Fiscal Year 2000, Public 
Law 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum 
punishment at special courts-martial. The amendment ensures all special 
courts-martial not requiring appellate review are reviewed by a judge 
advocate under R.C.M. 1112.''
    Amend Page A8-19, Left Margin Entry to Note 100 to read as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Advice in GCMs and SPCMs in which BCD    [Note 100. In cases subject to
 or confinement for one year is           review by a Court of Criminal
 adjudged.                                Appeals, the following advice
                                          should be given. In other
                                          cases proceed to Note 101 or
                                          102 as appropriate.]
------------------------------------------------------------------------

    Amend Page A8-21, Left Margin Entry to Note 102 to read as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
SPCM not involving a BCD or confinement  [Note 102. In special courts-
 for one year.                            martial not involving BCD or
                                          confinement for one year, the
                                          following advice should be
                                          given.]
------------------------------------------------------------------------

    Amend Page A17-4, first note to paragraph d, to read as follows:
    ``[Note. Orders promulgating the vacation of the suspension of a 
dismissal will be published by departmental orders of the Secretary 
concerned. Vacations of any other suspension of a general court-martial 
sentence, or of a special court-martial sentence which as approved and 
affirmed includes a bad-conduct discharge or confinement for one year, 
will be promulgated by the officer exercising general court-martial 
jurisdiction over the probationer (Article 72(b)). The vacation of 
suspension of any other sentence may be promulgated by an appropriate 
convening authority under Article 72(c). See R.C.M. 1109.]''

    Dated: June 22, 2000.
L.M. Bynum,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 00-16265 Filed 6-27-00; 8:45 am]
BILLING CODE 5001-01-P