La. Admin. Code tit. 41 § II-511

Current through Register Vol. 50, No. 8, August 20, 2024

Section II-511 - Transmittal of Charges

A. General. In addition to the Charge Sheet, often other documents must be prepared and forwarded by the accused's commander. [See Figures 5-1 and 6-1.] A copy of each such record should be retained by the unit for its files.

B. Minor Offenses. When charges are submitted with a view to trial by summary court-martial or non-judicial punishment action, they need not be forwarded by a formal letter of transmittal, but should be accompanied by evidence of previous court martial convictions (DD Form 493) and of previous non-judicial punishments of the accused ant sufficient information about the circumstances, including an informal summary of the expected evidence, to enable the commander receiving them to make an intelligent disposition of the case without an additional investigation.

C. Serious Offenses. When charges are submitted with a view to trial by special or general court-martial, they will be forwarded by a letter of transmittal signed personally by the forwarding officer. The letter will include, or carry as enclosures, the following:

1. A summary of the evidence expected from each witness or other source. The signature of each witness to the summary of his testimony will be obtained unless the procurement of the signature(s) is not possible or would unduly delay the forwarding of the charges;

2. Copies of all reasonably available documentary evidence. Originals should not be forwarded with the Charge Sheet and letter of transmittal. The original documentary evidence should be properly marked, preserved, and referred to in the charges or the letter of transmittal with a statement as to where it may be found.

3. Evidence of admissible previous convictions by court-martial and non-judicial punishments, which, in the case of enlisted persons, is usually in the form of an attested copy of the pertinent entries in the accused's personnel records.

4. Explanation of any unusual features of the case, including such matters as the character of the accused's military service before the offense charged and his record before entry into the military service, if known.

5. Specific recommendation as to the disposition of the charges.

6. Certification that Judge Advocate advice has been obtained in the matter if the transmittal recommends a special or general court-martial.

La. Admin. Code tit. 41, § II-511

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2383 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).