SUBSISTEMA DE DISTRIBUCIÓN PRIMARIA 1 Aspectos de diseño eléctrico

a. Convening authority.

person authorized to act under subsection (b) shall take action as soon as possible after preparation of the record of trial. Timely action on the court-martial is crucial to ensuring due process throughout post-trial review of the case. In all cases the convening authority or other person authorized to act shall act in a case as soon as possible, and not more than 120 days after adjournment of the court-martial.

(2) However, the convening authority, or other person authorized to act under subsection b, may take action only after the applicable time periods under R.C.M. 1105(c), MCM, have expired or the accused has waived the right to present matters under R.C.M. 1105(d), MCM, whichever is earlier. In any case that results in an acquittal on all charges and specifications, the convening authority shall not take any action approving or disapproving the findings of not guilty or any ruling amounting to a finding of not guilty; however, a promulgating order is required in accordance with R.C.M. 1114, MCM, and section 0155 of this Manual.

(3) In all cases, the convening authority shall ensure that actions taken at every step in the post-trial process are properly documented,

including justification for any delay that occurs. Consult JAGINST 5814.1 (series).

(4) When the convening authority fails to take action within 120 days of adjournment of the court-martial, the convening authority shall report this fact and the reasons why the action was not taken in a letter signed

personally by the convening authority. Copies of the explanation shall be appended to the record of trial and forwarded to OJAG (Code 40) or CMC (JAM) as appropriate.

(5) Companion cases tried separately. In court-martial cases where the separate trial of a companion case is ordered, the convening authority shall so indicate in his action on the record in each case.

(6) Suspension of sentences. Convening authorities are encouraged to suspend, for a probationary period, all or any part of a sentence, when such action would promote discipline, and when the accused's prospects for

rehabilitation would more likely be enhanced by probation than by the execution of all or any part of the sentence adjudged.

(7) Matters to be considered. The convening authority shall follow the provisions of R.C.M. 1107(b)(3), MCM.

b. When impracticable for convening authority to act.

(1) For commands in the Navy chain-of-command, if it is impracticable for the convening authority to act, the record of trial shall be forwarded, in the absence of specific direction to the contrary by a GCMCA superior in the chain-of-command to the convening authority, to the Region Commander or a subordinate commander authorized to convene general courts-martial and designated by the Region Commander for this purpose. For mobile units, the Region Commander or designated subordinate commander is the Region Commander or designated subordinate commander most convenient at the time of forwarding of the record. The letter or message which causes the record to be so

authority could not act on the record and any other matters deemed appropriate by the forwarding officer.

(2) For commands in the chain-of-command of the Commandant of the Marine Corps, unless specifically directed to the contrary by a GCMCA superior in the chain-of-command, if, in the discretion of the officer who would

normally take action as convening authority, it is impracticable for him to do so, that person shall cause the record of trial to be forwarded to a GCMCA. For summary and special courts-martial, this will normally be the GCMCA who is superior in the chain-of-command unless, in the discretion of the officer who would normally take action as convening authority, it will also be

impracticable for that officer to take the convening authority's action. The letter or message that causes the record to be so forwarded shall contain a statement of the reasons why the normal convening authority could not act on the record and any other matters deemed appropriate by the forwarding officer. c. Legal officer/staff judge advocate recommendation. In each general court-martial that results in a finding of guilty or each special court-

martial that includes a bad-conduct discharge or confinement for one year, the legal officer or staff judge advocate of the convening authority shall prepare a concise written recommendation to assist the convening authority in deciding what action to take on the sentence. The matters to be included in the

recommendation shall be as prescribed in R.C.M. 1106, MCM, and may be submitted in a form similar to Appendix A-1-t. The legal officer

recommendation may not be signed by a civilian or an enlisted member even if a civilian or an enlisted member is filling the legal officer billet. The staff judge advocate recommendation also may not be signed by an assistant staff judge advocate unless he or she is officially acting for an absent staff judge advocate in making that recommendation. If the convening authority has a legal officer but no staff judge advocate, the convening authority may, as a matter of discretion, and absent alternative direction by a GCMCA superior in the chain-of-command to the convening authority, request the designation of a staff judge advocate to prepare the recommendation.