5800.7 F - Department of the Navy Issuances

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a. Authority to remit or suspend sentences in general courts-martial and special courts-martial in which the sentence includes a bad-conduct discharge b. Authority to remit or suspend sentences in summary courts-martial and special courts-martial in which the sentence does not include a bad-conduct discharge c. Probationary period d. Liaison with Naval Clemency and Parole Board 0159 LIMITATIONS ON AUTHORITY TO REMIT AND SUSPEND SENTENCES a. Cases involving national security b. Life without the possibility of parole c. Flag and general officers d. Officers and warrant officers e. Authority of the CO, Navy- Marine Corps Appellate Leave Activity, and the CO, Marine Detachment, U.S. Disciplinary Barracks, Fort Leavenworth, KS 0160 VACATION OF SUSPENSION OF SENTENCE a. Review of confinement of probationer pending vacation proceedings b. Notice of proceedings c. Filing of report of proceedings d. Execution of vacated punishments 0161 REQUEST FOR WITHDRAWAL OF APPELLATE REVIEW a. Article 66 cases b. Article 69(a) cases 0162 APPLICATION FOR RELIEF - ARTICLE 69(b) a. General b. Time limitations c. Submission procedures d. Contents of application e. Signatures on application 0163 PETITION FOR NEW TRIAL - ARTICLE 73 0163a SUBSTITUTION OF DISCHARGE – ARTICLE 74(b) a. Statutory Provision b. Submission Procedures c. Contents of the Application d. Signature on Application 0164 NOTIFICATION TO ACCUSED OF COURT OF CRIMINAL APPEALS DECISION a. Current address of accused b. Promulgation package c. Copies of decision d. Change in address e. Completion of appellate review 0165 REQUEST FOR IMMEDIATE EXECUTION OF DISCHARGE a. General b. Conditions of approval c. Execution of unexecuted portion of sentence d. Form of request for immediate execution of discharge 0166 INSPECTION OF RECORD OF TRIAL CONTAINING CLASSIFIED INFORMATION 0167 SETOFF OF INDEBTEDNESS OF A PERSON AGAINST PAY a. Courts-martial decisions b. Administrative determinations c. Army and Air Force property d. Voluntary restitution 1-7
PART D -- MISCELLANEOUS 0168 APPREHENSION BY CIVILIAN AGENTS OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE 0169 AUTHORITY TO PRESCRIBE REGULATIONS RELATING TO THE DESIGNATION AND CHANGING OF PLACES OF CONFINEMENT 0170 FORMS SUPPLEMENTING THE MILITARY RULES OF EVIDENCE a. Interrogations b. Search and seizure 0171 RECOUPMENT OF ADVANCED EDUCATION ASSISTANCE a. Authority b. Advisement c. Application d. No additional rights 0172 CROSS-REFERENCE TO SECRETARIAL OR JAG REGULATIONS IMPLEMENTING THE MCM 0173 MILITARY JUSTICE FORMS INDEX a. List b. How to obtain forms c. Forms prescribed by MCM 0174 ADDRESS APPENDIX APPENDICES a. Nonpunitive Letter of Caution b. Nonjudicial Punishment, Accused’s Notification and Election of Rights, Accused Attached to or Embarked in a Vessel c. Nonjudicial Punishment, Accused’s Notification and Election of Rights, Accused Not Attached to or Embarked in a Vessel (Not Apprised of Right to Speak with Attorney) d. Nonjudicial Punishment, Accused’s Notification and Election of Rights, Accused Not Attached to or Embarked in a Vessel (Apprised of Right to Speak with Attorney) e. Acknowledgement of Advanced Education Assistance Reimbursement f. Nonjudicial Punishment Guide g. Nonjudicial Punishment Accused’s Acknowledgement of Appeal Rights h. Punitive Letter of Reprimand i. Officer NJP Report j. Summary Court-Martial Acknowledgement of Rights and Waiver k. Request for Grant of Immunity and Order to Testify l. Privacy Act Notification m. Grant of Testimonial Immunity and Order to Testify n. Grant of Transactional Immunity and Order to Testify o. Appellate Power of Attorney p. Appellate & Post-Trial Rights Statement q. Report of Results of Trial r. Report of Summary Court- Martial s. Substitute Record for Evidence of Child Pornography t. Sample Staff Judge Advocate Recommendation u. Request for Immediate Execution of Discharge v. Suspect’s Rights Acknowledgement/Statement w. Record of Authorization for Search x. Consent to Search y. List of Secretarial Designated General Courts- Martial Convening Authorities 1-8
Page 1 and 2: JAG INSTRUCTION 5800.7F DEPARTMENT
Page 3 and 4: [This page is blank]
Page 5 and 6: [This page blank] ii
Page 7 and 8: . Correctional custody c. Confineme
Page 9 and 10: accused before or during trial b. C
Page 11: SUBPART C3 - POST-TRIAL MATTERS 014
Page 15 and 16: and is intended for and directed to
Page 17 and 18: (2) A nonpunitive letter will be ke
Page 19 and 20: writing, one or more Naval units, a
Page 21 and 22: e construed as impairing the paramo
Page 23 and 24: the hearing, appropriate service-re
Page 25 and 26: 0111 LIMITATIONS ON AND NATURE OF P
Page 27 and 28: . Punishments involving restraint a
Page 29 and 30: UCMJ article, nor satisfy the draft
Page 31 and 32: Commandant of the Marine Corps, tog
Page 33 and 34: f. Release to the public/media. Inf
Page 35 and 36: (5) As an enclosure, a copy of the
Page 37 and 38: original proceeding. Any punishment
Page 39 and 40: c. Report of enlisted misconduct. (
Page 41 and 42: summary court-martial convening aut
Page 43 and 44: service embarked. In the case of un
Page 45 and 46: (f) where the accused should be ord
Page 47 and 48: 0125 EXERCISE OF COURT-MARTIAL JURI
Page 49 and 50: all cases involving sensitive compa
Page 51 and 52: acquittal, or other final dispositi
Page 54 and 55: Judge, Navy-Marine Corps Trial Judi
Page 56 and 57: (c) Manner of appointment. Appointm
Page 58 and 59: defined as the CO of the cognizant
Page 60 and 61: set forth above, the commander of t
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0133 ADDITIONAL MATTERS IN CONVENIN
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judge advocate or to a principal as
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0140 RULES FOR APPEALS UNDER ARTICL
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system. The task of striking a fair
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may be accused or suspected when re
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this subsection have not been compl
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disbursing officer concerned with a
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confer any procedural, evidentiary,
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orders relating to the relief of co
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dismissal of the charges related to
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authority could not act on the reco
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the approved sentence was suspended
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, regardless of the final dispositi
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MCM. In copying and including the a
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. In accordance with Article 57a(c)
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0159 LIMITATIONS ON AUTHORITY TO RE
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UCMJ. If the original record of tri
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esulted in the punitive discharge o
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equest immediate execution of the u
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apprehension is necessary to preven
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504(d)(3) 0133 505(c)(1)(B)(i) 0136
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0174 ADDRESS APPENDIX Office of the
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Personnel Support Activity Detachme
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(CAPTAIN'S MAST) (OFFICE HOURS) ACC
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(CAPTAIN'S MAST) (OFFICE HOURS) ACC
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. Personal appearance. (Check one)
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. Personal appearance requested. If
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________ Written matters are attach
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NONJUDICIAL PUNISHMENT GUIDE (Note:
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CO: I find that you have committed
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PUNITIVE LETTER OF REPRIMAND (Date)
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6. By copy hereof, 1stLT Jones is n
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easonably available. I would also h
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REQUEST FOR GRANT OF IMMUNITY AND O
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PRIVACY ACT NOTIFICATION Authority:
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IN THE MATTER OF GRANT OF TRANSACTI
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APPELLATE & POST-TRIAL RIGHTS STATE
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have similar appellate counsel righ
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REPORT OF RESULTS OF TRIAL From: Su
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Restitution: Reduction in grade lim
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(4) Other physical evidence (notati
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UNITED STATES NAVY/MARINE CORPS SAM
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a. (Option 2) Post-trial matters su
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I. M. SJA 6 -----------------------
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From: Staff Judge Advocate To: Conv
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-----------------------------------
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SUSPECT'S RIGHTS ACKNOWLEDGEMENT/ST
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═══════════
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An example of an oath is as follows
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List of Secretarial Designated Gene
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CHAPTER II ADMINISTRATIVE INVESTIGA
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DETERMINATIONS ARE RECORDED a. Gene
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CHAPTER II ADMINISTRATIVE INVESTIGA
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PART B -- PRELIMINARY CONSIDERATION
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investigate the circumstances surro
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the investigating officer at that l
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investigation, that the CA might co
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c. Witnesses and warnings (1) Witne
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investigative reports. b. Classific
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activities (see part F for special
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CAs and reviewing authorities will
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i. Release of command investigation
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extensions need not be in writing b
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e signed by both the investigating
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(3) Consists of at least three comm
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j. Action (1) Upon receiving a repo
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survivor benefits such as the Survi
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interference unless evidence to the
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aircraft or vessel while drunk; or,
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exceeded the lesser of .10 percent
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Suite 205, Norfolk, VA 23511-2989,
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0225 GENERAL a. Special considerati
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individual to do so. In releasing t
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than the member’s commanding offi
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(5) For adverse determination cases
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DEFINITIONS 1. Administrative Inves
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Counsel (OGC) attorney. 16. System
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i. To make a voluntary statement, o
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___________________________________
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SAMPLE COMMAND INVESTIGATION REPORT
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SAMPLE LITIGATION-REPORT INVESTIGAT
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FOR OFFICIAL USE ONLY: ATTORNEY WOR
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s. Military Personnel and Civilian
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obtaining sufficient information to
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SAMPLE WARNING ADVISEMENT ABOUT STA
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(3) method of travel used; (4) actu
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CLAIMS FOR OR AGAINST THE GOVERNMEN
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AVIATION MISHAPS The following cont
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the possibility of undermining the
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d. Required facts and opinions. The
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ACCIDENTS ABOARD SHIPS OR SUBMARINE
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available to the JAGMAN investigati
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COLLISION AND ALLISION INCIDENTS Th
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(9) Date of last inspection of the
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(6) Number of personnel who respond
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5. Distances that significant missi
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signals, and signs. (5) Estimated s
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enclosure if disciplinary action is
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will be forwarded in accordance wit
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under which they are convened. A du
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(9) A description of the internal c
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SONIC BOOMS, JET NOISE, AND ARTILLE
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FIREARM ACCIDENTS The following con
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Qualification Standard (PQS) record
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CHAPTER III COMPLAINTS OF WRONGS 03
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CHAPTER III COMPLAINTS OF WRONGS 03
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i. Examination into a complaint. An
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Assistant Secretaries, may be the r
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complaint within 10 working days af
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wrong. The GCMCA shall prepare and
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(3) If the GCMCA determines the com
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final secretarial action the compla
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SAMPLE COMPLAINT Date From: (Rank/R
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PRIVACY ACT STATEMENT 1. Authority.
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COMPLAINT OF WRONG PROCESSING CHECK
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enclosures and endorsements? (§ 03
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GCMCA REPORT TO COMPLAINANT From: (
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CHAPTER IV ARTICLE 139 CLAIMS -- RE
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Chapter IV ARTICLE 139 CLAIMS -- RE
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to be assessed against the pay of t
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0408 ASSESSMENT OF PECUNIARY LIABIL
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CHAPTER V ENVIRONMENTAL PROTECTION
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CHAPTER V ENVIRONMENTAL PROTECTION
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. Permits and fees. Congress requir
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adverse environmental impact does n
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42 U.S.C. § 6901-6992k, is our nat
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critical habitat considered necessa
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with environmental counsel on meeti
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SELECTED REFERENCES Department of D
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CHAPTER VI DELIVERY OF SERVICE MEMB
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CHAPTER VI DELIVERY OF SERVICE MEMB
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Advocate General (DAJAG) (General L
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to a fugitive warrant or waiver of
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doubt, advice should be sought from
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c. Article 14, UCMJ. When a request
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the individual requested and which
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countries of the signatory parties,
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permitting physical repossession of
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availability of the requesting coun
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incidence of the tax was on the ind
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among the states regarding these pr
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WAIVER OF EXTRADITION I, __________
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DELIVERY REFUSAL NOTIFICATION LETTE
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II. Office of the General Counsel A
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CHAPTER VII LEGAL ASSISTANCE 0701 S
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CHAPTER VII LEGAL ASSISTANCE 0701 S
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(5) For the purpose of enhancing th
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(b) Consumer finance issues, includ
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(4) Durable Financial/Property Mana
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is authorized. b. Other services. L
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CHAPTER VIII GENERAL CLAIMS PROVISI
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CHAPTER VIII GENERAL CLAIMS PROVISI
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d. Assistance to claimants. Claiman
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0810 FOREIGN CLAIMS ACT a. General.
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service member or civilian employee
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0815 FOREIGN CLAIMS COMMISSIONS a.
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c. Action by the claims investigati
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a claim in excess of the adjudicati
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File Reference: _____________ SETTL
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CHAPTER IX AUTHORITY OF ARMED FORCE
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CHAPTER IX AUTHORITY OF ARMED FORCE
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(f) All legal and assistant legal o
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from a civilian attorney who prepar
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(she) is. If there is reason to hav
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(1) Exception (A): Allowing relianc
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FORMAT FOR SIGNATURE BLOCK, WITNESS
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[Venue] With the U.S. Armed Forces
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CHAPTER X INTERNATIONAL LAW 1001 SC
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CHAPTER X INTERNATIONAL LAW 1001 SC
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(a) Contracts made under Federal Ac
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Act. Basic guidance is found in the
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of urgency in order to secure the l
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the case and enable the U.S. Govern
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(series) and MCO 3504.2 (series), S
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CHAPTER XI ADMIRALTY AND MARITIME L
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CHAPTER XI ADMIRALTY AND MARITIME L
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eceiving command believes the compl
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without damage to non-federal prope
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investigation may be used to protec
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1107 EVIDENCE PRESERVATION a. Origi
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(20) Radiotelephone logs (such as b
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f. Detention costs. When a commerci
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(Was the deck or ladder wet or grea
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property damage; the Commandant of
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have a strong interest in ensuring
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1118 SALVAGE Salvage claims may be
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SAMPLE ADMIRALTY LETTER REPORT APPO
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Subj: ADMIRALTY LETTER REPORT OF __
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Subj: DUAL PURPOSE LITIGATION REPOR
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FOR OFFICIAL USE ONLY: LITIGATION/A
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JAGINST 5800.7F MAJOR CHANGES Sect
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SUMMARY OF JAGINST 5800.7F CHANGES
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SUMMARY OF JAGINST 5800.7F CHANGES
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5800.7 F - Department of the Navy Issuances

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