5800.7 F - Department of the Navy Issuances

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PART C -- COURTS-MARTIAL SUBPART C1 – PRETRIAL MATTERS 0120 DESIGNATION OF ADDITIONAL CONVENING AUTHORITIES a. General courts-martial b. Special courts-martial c. Summary courts-martial 0121 REQUESTS FOR AUTHORITY TO CONVENE COURTS-MARTIAL a. General courts-martial b. Special and summary courtsmartial c. Separate and detached units d. COs of staff enlisted personnel e. Requests for courts-martial convening authority f. Record maintenance 0122 GENERAL RESTRICTIONS ON EXERCISE OF COURT-MARTIAL JURISDICTION a. General, special, and summary courts-martial b. Units attached to ships 0123 EXERCISE OF COURT-MARTIAL JURISDICTION OVER RETIRED, RESERVE, FLEET RESERVE, FLEET MARINE CORPS RESERVE, AND DISCHARGED PERSONNEL a. Policy b. Request for authorization c. Pretrial apprehension and restraint d. Jurisdiction over Reserve component personnel under Article 3(d), UCMJ e. Order to active duty in the case of Reserve component personnel not on active duty f. Release from active duty of Reserve component personnel described in subsection (e) g. Tolling statute of limitations 0124 EXERCISE OF COURT-MARTIAL JURISDICTION IN CASES TRIED IN DOMESTIC OR FOREIGN CRIMINAL COURTS a. Policy b. Criteria c. Procedure d. Limitations 0125 EXERCISE OF COURT-MARTIAL JURISDICTION OVER MAJOR FEDERAL OFFENSES a. Background b. Limitation on court-martial jurisdiction c. Exceptions d. Related matters 0126 DETERMINATION OF STATUS OF CASE AS NATIONAL SECURITY CASE, INVESTIGATION OF SUSPECTED NATIONAL SECURITY CASES, AND EXERCISE OF JURISDICTION IN SUCH CASES a. National security case defined b. Case not designated as a national security case c. Referral to the Naval Criminal Investigative Service d. Preliminary inquiry e. Notice to the JAG, CMC, and National Security Case Disposition Authority (NSCDA) f. Limitations on convening courts-martial g. Courts-martial involving classified information h. Reporting requirements by responsible command i. Reporting requirements by NSCDA j. Pre-trial Agreements 0127 PRETRIAL RESTRAINT OF ACCUSED a. Custody and restraint of 1-3
accused before or during trial b. Counsel c. Preliminary probable cause review d. Initial review officer e. Reserve component personnel 0128 FORWARDING OF CHARGES a. Forwarding of charges by an officer in a Navy chain-ofcommand b. Forwarding of charges by an officer in the chain-ofcommand of the Commandant of the Marine Corps 0129 SUPERIOR COMPETENT AUTHORITY DEFINED a. Accuser in a Navy chain-ofcommand b. Accuser in the chain-ofcommand of the Commandant of the Marine Corps 0130 PERSONNEL OF COURTS-MARTIAL a. Military judges b. Counsel c. Members d. Reporters, interpreters, escorts, bailiffs, clerks, and guards e. Oaths of court-martial personnel f. Rules of practice before courts-martial 0131 STANDARDS FOR DETERMINING AVAILABILITY OF REQUESTED INDIVIDUAL MILITARY COUNSEL a. General b. Definitions c. Submission and forwarding of requests d. Action by the commander of requested counsel e. Administrative review f. Approval of associate defense counsel 0132 [Reserved] 0133 ADDITIONAL MATTERS IN CONVENING ORDERS 0134 ADDITIONAL MATTERS IN THE CASE OF CERTAIN RESERVE COMPONENT PERSONNEL a. Holdover of Reserve component personnel on active duty b. Holdover of Reserve component personnel on inactive duty training c. Sentences to forfeiture or fine d. Sentence involving restraint on liberty SUBPART C2 - TRIAL MATTERS 0135 ARTICLE 39(a), UCMJ, SESSIONS a. General b. Video-teleconference 0136 DELEGATION OF AUTHORITY TO EXCUSE MEMBERS 0137 PRETRIAL AGREEMENTS a. Major Federal offenses b. Consultation 0138 AUTHORITY TO GRANT IMMUNITY FROM PROSECUTION a. General b. Procedure c. Civilian witnesses d. Cases involving national security e. Review f. Form of grant 0139 POST-TESTIMONY PROCEDURE WHEN AUTHORITY TO GRANT IMMUNITY WAS OBTAINED FROM THE ATTORNEY GENERAL 0140 RULES FOR APPEALS UNDER ARTICLE 62, UCMJ, AND FOR FILING PETITIONS FOR 1-4
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: . Correctional custody c. Confineme
Page 11 and 12: SUBPART C3 - POST-TRIAL MATTERS 014
Page 13 and 14: PART D -- MISCELLANEOUS 0168 APPREH
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
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defined as the CO of the cognizant
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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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