MCO P1070.12K W CH 1 MARINE CORPS INDIVIDUAL RECORDS ...

IRAM 4008
(5) When action has been taken by proper authority that
results in setting aside the findings on all charges and
specifications, remove and destroy both copies.
(6) When all or part of the sentence is approved by the
convening authority, complete the form and forward the signed
duplicate copy to the CMC (MMSB) for filing in the OMPF. Retain
the original in the Marine's SRB.
(7) If the court-martial acquits the accused of all
charges and specifications, then no page 13 or 13A is completed,
and the SRB or OQR will contain no indication that the accused's
case was referred to a court-martial.
b. Specific Blocks
(1) Reverse Side. Compliance with U.S. Versus Booker, 5
M.J. 238 (CMA 1977) and U.S. Versus McLemore, 10 M.J. 238 (CMA
1981). Before a summary court-martial (SCM) can be considered in
aggravation at a subsequent court-martial, the above cases
implies that a written statement is required to show that the
accused was given the opportunity to consult with independent
counsel prior to accepting trial by SCM, the accused did not
exercise the right to refuse trial by SCM, and that acceptance of
a trial by GCM does not preclude the command from taking other
adverse administrative action against the accused. Compliance
may be accomplished by recording an entry on the reverse side of
the page 13, signed by the accused, prior to commencement of the
trial. The following is an example of an entry which is
sufficient for this purpose. Use of a rubber stamp is
authorized.
"(Date). I certify I have been given the opportunity
to consult with a lawyer, provided by the government at no cost
to me, in regard to a pending SCM for violation of Article(s)
__________ of the UCMJ. I understand I have the right to refuse
that SCM; I (do) (do not) choose to exercise that right. I
further understand that acceptance of trial by SCM does not
preclude my command from taking other adverse administrative
action against me. I (will) (will not) be represented by a
civilian/military lawyer. Signature of Marine."
(2) Block 1. Give the complete organizational unit
address of the accused (including ZIP code).
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