ACKNOWLEDGMENT OF RIGHTS-ACCEPTANCE OF SCM

I__________________________________attached to ______________acknowledge the 

following facts and rights regarding summary court-martial.

_____I have the right to refuse trial by summary court-martial.

_____I have the right to consult with an attorney prior to deciding whether to accept or refuse 

trial by summary court-martial. Should I desire to consult with an attorney, I understand that a 

military attorney will be made available to advise me, free of charge, or I may consult with a 

civilian attorney at my own expense. I do not have the right to be represented by a military 

attorney at summary court-martial.

____If I accept trial by summary court-martial, I have the following rights:

• To be represented at trial by a civilian attorney provided by me at my own expense, or to be

assisted by a non-attorney representative;

• To remain silent, and to plead not guilty, thus placing upon the government the burden of

proving my guilt beyond a reasonable doubt;

• To have the summary court-martial call, or subpoena, witnesses to testify on my behalf;

• To confront and cross examine all witnesses against me; and

• If found guilty, to present matters which may mitigate the offense or demonstrate

extenuating circumstances as to why I committed the offense(s).

_______I understand that the maximum punishment that may be adjudged by a summary courtmartial is:

E-4 and below E-5 and above

Confinement for one month

45 days hard labor w/out confinement

60 days restriction

Forfeiture of 2/3 pay for one month

Reduction to the lowest pay grade

60 days restriction

Forfeiture of 2/3 pay for one month 

Reduction to the next pay grade 

_______Should I refuse trial by summary court-martial, my commanding officer may refer the 

charge(s) to trial by special court-martial or general court-martial. At a special court-martial, in 

addition to those rights set forth in paragraph 3, I would have the following rights:

• To be represented at trial by a military attorney, free of charge, including a military attorney

of my own selection, if that attorney is reasonably available. In addition to a military attorney,

I may have a civilian attorney at my own expense

• To be tried by a court-martial composed of at least four officers as members or, at my

request, at least one-third of the court members would be enlisted personnel. If tried by a

court-martial with members, three-fourths of the members, voting by secret ballot, would

have to agree in any finding of guilty, and three-fourths of the members would also have to

agree on any sentence to be imposed, should I be found guilty; and

• To request trial by military judge alone. If tried by military judge alone, the military judge

alone would determine my guilt or innocence and, if I were found guilty, he alone would
determine the sentence imposed.

6. I understand that the maximum punishment which can be imposed at a court-martial for

the offense(s) charged against me is:

NOTE: [See, RCM 1003; punishment limits for each offense listed in Part IV, MCM.]

SPECIAL COURT-MARTIAL GENERAL COURT-MARTIAL

A bad-conduct discharge A __________ discharge

Confinement for ____ months 

[not to exceed 12 months];

Confinement for ____ months 

Forfeiture of 2/3 pay per month for ___months 

[not to exceed 12 months];

Total forfeiture of pay

Fine in addition to or in lieu of a forfeiture

[not to exceed maximum forfeiture amount]

Fine in addition to or in lieu of a forfeiture

Hard labor without confinement 

[not to exceed three months]

Hard labor without confinement 

[not to exceed three months]

Restriction to specified limits 

[not to exceed two months]

Restriction to specified limits 

[not to exceed two months]

Reduction to the lowest enlisted pay grade. Reduction to the lowest enlisted pay grade.

Reprimand Reprimand

ELECTIONS 

No consultation with counsel: On ________________ I was afforded an opportunity to 

consult with legal counsel before making my decision to consent to Summary Court-Martial. I 

have decided not to see counsel in connection with this action. I understand my rights as set 

forth above and make the following election. 

I accept summary court-martial I refuse summary court-martial.

___________________________ _________ ______________________________ Name of Member Date Signature

___________________________ _________ ______________________________ Name of Witness Date Signature

Consultation with counsel:

Having consulted with _____________________, a _________ attorney, regarding my right to 

accept or refuse summary court-martial, I hereby make the following election. 

I accept summary court-martial I refuse summary court-martial.

___________________________ _________ ______________________________ Name of Member Date Signature

___________________________ _________ ______________________________ Name of Witness Date Signature