Annual Report of the Code Committee on Military Justice for FY 2005

ANNUAL REPORT OF THE JUDGE ADVOCATE GENERAL OF THE NAVYOCTOBER 1, 2004 TO SEPTEMBER 30, 2005SUPERVISION OF THE ADMINISTRATION OFMILITARY JUSTICEIn compliance with <strong>the</strong> requirement <strong>of</strong> Article 6(a), Uniform <strong>Code</strong> <strong>of</strong>Military Justice (UCMJ), <strong>the</strong> Judge Advocate General (JAG) and <strong>the</strong>Commander, Naval Legal Service Command made frequent inspections <strong>of</strong> legal<strong>of</strong>fices in <strong>the</strong> United States, Europe, and <strong>the</strong> Far East in order tosupervise <strong>the</strong> administration <strong>of</strong> military justice. These inspections,conducted by subject matter experts, examined <strong>the</strong> full range <strong>of</strong> militaryjustice processes at those <strong>of</strong>fices inspected.CRIMINAL LAW DIVISION (CODE 20)Organization. Captain Jennifer S. Herold, JAGC, USN, relievedCaptain Ken Bryant as <strong>the</strong> Division Director, and Lieutenant CommanderChristopher D. Connor, JAGC, USN, relieved Lieutenant Commander Ken Ian as<strong>the</strong> Deputy Director. The Criminal Law Division was staffed with five activeduty judge advocates and two civilian support personnel. The Criminal LawDivision was supported by two reserve units. NAVJAG 113 conducted Article69 (a), Article 69 (b), and Article 73 reviews and NAVJAG 108 providedresearch and Action Officer support.Mission. Administers military justice policy within <strong>the</strong> Department <strong>of</strong><strong>the</strong> Navy; drafts legal and policy advice for JAG on a wide variety <strong>of</strong>military justice matters; reviews all legislative and regulatory proposalsaffecting military justice; represents <strong>the</strong> Navy in regular meetings <strong>of</strong> <strong>the</strong>Joint Service <strong>Committee</strong> (JSC) on Military Justice, which is <strong>the</strong> principalvehicle for staffing amendments to <strong>the</strong> UCMJ and <strong>the</strong> Manual for Courts-Martial (MCM); staffs all amendments to Secretarial and JAG regulationsimplementing <strong>the</strong> UCMJ, including Chapter 1, Manual <strong>of</strong> <strong>the</strong> Judge AdvocateGeneral (JAGMAN); reviews all decisions <strong>of</strong> military appellate courts;staffs JAG certification <strong>of</strong> cases decided by <strong>the</strong> Navy-Marine Corps Court <strong>of</strong>Criminal Appeals (NMCCA) for review by <strong>the</strong> Court <strong>of</strong> Appeals for <strong>the</strong> ArmedForces (CAAF); staffs requests for Secretarial designation as general andspecial court-martial convening authority and for Secretarial substitution<strong>of</strong> administrative for punitive discharge; staffs requests for JAGauthorization to refer charges for trial by court-martial afteradjudication <strong>of</strong> similar charges by State or foreign courts; provides JAGrepresentative to Naval Clemency and Parole Board; coordinates court ordersand warrants <strong>of</strong> attachment; provides written opinions to Board forCorrection <strong>of</strong> Naval Records (BCNR); reviews records <strong>of</strong> trial forwarded toJAG for review under Article 69(a) and (b), UCMJ; reviews requestsforwarded to JAG for consideration under Article 73, UCMJ; and publishestimely guidance to all military justice practitioners in <strong>the</strong> Department <strong>of</strong><strong>the</strong> Navy.