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Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35815 trial under Articles 64, 66, 67, or examination of the record of trial under Article 69. The convening authority shall personally sign any supplementary or corrective action. A written explanation is required for any modification of initial action that: 1) sets aside any finding of guilt or dismisses or changes any charge or specification for an offense; or 2) disapproves, commutes, or suspends, in whole or in part, the sentence. The written explanation shall be made a part of the record of trial and action thereon." (uu) R.C.M. 1107(g) is amended to read as follows: "(g) Incomplete. ambiguous, or erroneous action. When the action of the convening authority or of a higher authority is incomplete or ambiguous or contains error, the authority who took the incomplete, ambiguous, or erroneous action may be instructed by an authority acting under Articles 64, 66, 67, 67a, or 69 to withdraw the original action and substitute a corrected action." (vv) R.C.M. 1108(b) is amended to insert the following before the rule's text: "[Note: R.C.M. ll08(b) applies to offenses committed on or aftei.- 24 June 2014.]" (ww) R.C.M. 1108(b) is amended to read as follows: "(b) Who may suspend and remit. The convening authority may, after approving the ·sentence, suspend the execution of all. or any part of the sentence of a court-martial, except for a sentence of death or as prohibited under R.C.M. 11 07(d). The general court-martial convening authority over the accused at the time of the court-martial may, when taking action under R.C.M. 1112(f), suspep.d or remit any part of the sentence. The Secretary concerned and, when designated by the Secretary concerned, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may suspend or remit any part or amount of the VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.055</GPH> tkelley on DSK3SPTVN1PROD with E0 unexecuted. part ·of any sentence other than a sentence approved by the President or a 35816 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents sentence of confinement for life without eligibility for parole that has been ordered executed. The Secretary concerned may, however, suspend or remit the unexecuted part of a sentence of confinement for life without eligibility for parole after the service of a period of confinement of not less than 20 years. The commander of the accused who has the authority to convene a court-martial of the kind that adjudged the sentence may suspend or remit any part of the unexecuted part of any sentence by summary court-martial or of any sentence by special courtmartial that does not include a bad-conduct discharge regardless of whether the person acting has previously approved the sentence. The "unexecuted part of any sentence'' is that part that has been approved and ordered executed but that has not actually been carried out" (xx) R.C.M. 1301(c) is amended to insert the following before the rule's text: "[Note: R.C.M. 1301(c) applies to offenses committed on or after 24 June 2014.]" (yy) R.C.M. t30t(c) is amended to number the current paragraph as (1), and a new R.C.M. 1301(c)(2) is inserted after the new R.C.M. 130l(c)(l) and reads as follows: "(2) Notwithstanding subsection (c)(l) of this Rule, summary courts-martial do not have jurisdiction over offenses under Articles 120(a), 120(b), 120b(a), 120b(b), forcible sodomy under Article 125, and attempts thereof under Article 80. Such offenses shall not be referred to a summary court-martial." (zz) R.C.M. 406(b)(2) and R.C.M. 1103 are amended by changing "report of investigation" to "report of preliminary hearing". (aaa) R.C.M. 603(b) and R.C.M. 912(f)(l)(F) are amended by changing "an investigating officer" to "a preliminary hearing officer". (bbb) R.C.M. 705{c)(2)(E), R.C.M. 905(b)(l), and R.C.M. 906(b)(3) are amended by changing VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.056</GPH> tkelley on DSK3SPTVN1PROD with E0 "Article 32 investigation" to "Article 32 preliminary hearing".

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35815-35816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-330622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.055


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