That, for good consideration and after consultation with my counsel, I agree to enter a voluntary plea of GUILTY to the charges and specifications listed below, provided the sentence as approved by the convening authority will not exceed the sentence hereinafter indicated by me;

That it is expressly understood that, for the purpose of this agreement, the sentence is considered to be in these parts, namely: the punitive discharge, period of confinement or restraint, amount of forfeiture or fine, and reduction in rate or grade;

That should the court award a sentence which is less, or a part thereof is less, than that set forth and approved in the agreement, then the convening authority, according to law, will only approve the lesser sentence;

That I realize that, if this agreement includes a punitive discharge, I am entitled, for the purpose of the agreement only, unless specifically waived by me, to consult with and be advised by a qualified lawyer within the meaning of Article 27(b), UCMJ; and I hereby [request] [waive] the services of a qualified lawyer prior to the execution of the agreement;

That I am satisfied with my defense counsel in all respects and consider him qualified to represent me in this court-martial;

That this offer to plead guilty originated with me and my counsel; that no person or persons whomsoever have made any attempt to force or coerce me into making this offer or pleading guilty;

That my counsel has fully advised me of the meaning and effect of my guilty plea and that I fully understand and comprehend the meaning thereof and all of its attendant effects and consequences;

A-1-f(1)

A-1-f(2)

That I understand that I may ask permission to withdraw my plea of guilty at any time before sentence is announced, and that the military judge (or, if the court is a special court-marital without military judge, the president of the court) may, at his discretion, permit me to do so; and

That I understand this offer and agreement and have been advised that it cannot be used against me in the determination of my guilt on any matters arising from the charges and specifications made against me in this courtmartial.

That it is expressly understood that the pretrial agreement will become null and void in the event: (1) I fail to plead guilty to each of the charges and specifications set forth below, (2) the court refuses to accept my plea of guilty to any of the charges and specifications set forth below, (3) the court accepts each of my pleas but, prior to the time sentence is announced, I ask permission to withdraw any of my pleas, and the court permits me to do so, or (4) the court initially accepts my plea of guilty to each of the charges and specifications set forth below but, prior to the time the sentence is adjudged, the court sets aside any of my guilty pleas and enters a plea of not guilty on my behalf.

See maximum sentence appendix to memorandum of pretrial agreement.

Maximum sentence to be approved by Convening Authority:

1. Punitive Discharge [character of and, if on probation, terms thereof]

CONVENING

NAVJAG 5813/1 (REV. 11-72)
CONVENING AUTHORITY

NCM NUMBER (1-7)

SUPERVISORY AUTHORITY (8-10)

Commander Afloat Forces, U.S. Atlantic Fleet

225-00-2976

E-3

NAVY

CORPS

(48.1)

(48.2)

MARITAL STATUS (68)

CONFINEMENT

TION (64.3)

AND RESTRIC
TION (84.4)

A (11)

NG

8 (12)

G

C

(13)

D (14)

G

G-LIO

A (29)

FINDINGS OF COURT (11-14)

ONLY)

CA ACTION ON FINDINGS (29-32)

(ENTER ACTION

ON CHARGES
ONLY)

SA ACTION ON FINDINGS (39-42)

App'd
Disapp'd

(ENTER ACTION

ON CHARGES
ONLY)

App'd-LIO

SIGNATURE (OFFICER SIGNING BY DIRECTION OF OFFICER EXERCISING GCM JURISDICTION)

Like (da JAGE, USN

USNCMR ACTION ON SENTENCE (52-57)

DD REMITTED
(52.1)

UNSUSPENDED BCD

REMITTED (53.1)

OTHER MODIFYING
ACTION (54)

DD MODIFIED TO BCD
(52.2)

SUSPENDED BCD
REMITTED (53.2)

MONTHS CONFINEMENT
APPROVED (55-57)

S/N 0105-100-8134

A-1-g(1) Change 4