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JAG:133

List of Amendments included in Change 7. 1. S 01015(9). The method of computation of pay which is subject to for

feiture or detention is revised to reflect cessation of the requirement for $40.00 contribution to basic allowance for quarters by E-4s (4 years or less service) or below with dependents.

2. S 0101g.

A reference to a form number is updated.

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The limited general court-martial jurisdiction formerly exercised by Commanding Officer, U. S. Naval Disciplinary Command, Portsmouth, New Hampshire, is transferred to Commanding Officer, U.S. Naval Station, Norfolk, Virginia, and Commanding Officer, Marine Detachment, U. S. Disciplinary Barracks, Fort Leavenworth, Kansas.

4. S 0107e(1).

The section is broadened to include cases diverted from regular criminal processes under "diversionary pro

grams."

5. S 0114a.

Additional language clarifies the requirement that a pretrial agreement be conditioned upon the acceptance of guilty plea by the military judge and the absence of a withdrawal of the guilty plea.

6. S 01146(1)(c).

Additional language clarifies the authority of the military judge to examine a pretrial agreement in toto.

7. S 0116c(2).

Entries on charge sheets are prescribed to reflect cessation of the requirement for $40,00 contribution to basic allowance for quarters by E-4s (4 years or less service) or below with dependents.

8. S 0119a.

The section is amended to reflect cessation of the requirement for $40.00 contribution to basic allowance for quarters by E-4s (4 years or less service) or below with dependents.

9. S 0120e(5).

Procedures are established for the use of NAVJAG form 5813/1 Court-Martial Data (Rev. 11-72).

10. S 0123c.

An additional notation concerning representation by counsel in prior summary court-martial convictions is prescribed for inclusion in the convening authority's synopsis

of the accused's conduct record in bad conduct discharge cases.

11. S 0123f.

The requirement for amplifying circumstances of offenses to be included in the convening authority's action in certain cases is deleted.

12. S 0123g.

A requirement for documenting "really extraordinary" circumstances justifying posttrial confinement of more than 90 days before a convening authority's action is added.

13. S 0124a(4).

"Duplicate originals" and "certified copies" of promulgating orders are redefined.

14. S 0124a(5)(c). "Duplicate originals" and "certified copies" of promul

gating orders are made interchangeable for purposes of this subsection, and a requirement is added for the same to be furnished to the Naval Clemency and Parole Board where the sentence includes an unsuspended dismissal.

15. S 0124a(5)(d). "Duplicate originals," "certified copies," and "plain

copies" of promulgating orders are made interchangeable for purposes of this subsection.

16. S 0128.

Procedures are established for the use of NAVJAG Form
5800/9, Criminal Activity, Disciplinary Infractions, and
Court-Martial Report (Rev. 7-72) and NAVJAG Form
5800/9A, Supplemental Report to the Criminal Activity,
Disciplinary Infractions, and Court-Martial Report (Rev.
7-72).

17. S 0129a(2).

This section was modified to reflect the deactivation of the Naval Disciplinary Command, Portsmouth, New Hampshire, and the assumption of those functions formally administered by U.S. Naval Disciplinary Command by Commanding Officer, Naval Station, Norfolk, Virginia, and Commanding Officer, U. S. Disciplinary Barracks, Fort Leavenworth, Kansas.

18 S 0129a(2)(c) This section was broadened to reflect that the Comman

dant of the Marine Corps is the authority to approve early release in excess of five days in the case of Marine Corps prisoners.

19. S 0129a(2)(e)

Additional section to provide for increased flexibility.

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20. S 0131.

Procedural safeguards relating to vacation of suspended sentences are added.

21. S 0141a.

The list of court-martial forms is updated.

22. S 0150.

Procedures governing the use of NAVJAG Form 5813/2
Court - Martial Case Report (Rev. 1-73) are updated.

23. S 0203d(1).

References to U.S. Navy Regulations provisions are updated.

24. S 0306.

Intent of the section is clarified.

25. S 0901.

The section is more descriptively retitled.

26. S 0901a.

"JAG Manual investigation" is substituted for "fact-finding bodies."

27. S 0901d.

"Findings of fact" is substituted for "factual findings."

28. S 0902a(4).

Reference to U.S. Navy Regulations provisions are updated.

Deletes cite to obsolete JAG Instruction.

29. S 0906d 30. § 09071.

References to U.S. Navy Regulations provisions are
updated.

31. S 0909b.

References to U.S. Navy Regulations provisions are
updated.

New provisions concerning firearm accidents are added.

32. S 0912. 33. S 0913.

Former S 0912 is renumbered.

34. SS 1101

1114

Chapter XI is added to establish procedures imple-
menting Article 138, UCMJ (Complaints of wrongs).

A typographical error is corrected.

35. S 1204f. 36. S 12050

Delegation of authority to Commandant, Tenth Naval
District, is deleted.

37. S 1205k.

The address of the Assistant Supervisor of Salvage is corrected.

38. $ 1208e.

A typographical error is corrected.

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39. S 1208i.

A correction indicates that Navy records or reports should not be made a part of the public Coast Guard record.

40. S 1213f.

A citation of a pertinent authority is added.

41. S 1214b.

The address of Assistant Supervisor of Salvage and a citation of a regulation are corrected,

42. S 1216c.

Redesignation of Naval Ship Systems Command to
Naval Sea Systems Command

43. S 1216h.

A typographical error is corrected.

44. SS 1503

1505 and 1507

1510

Sections of chapter XV are revised to reflect the
transfer of fiduciary-affairs responsibilities from the
Officer in Charge, Navy Appellate Review Activity,
to the Assistant Judge Advocate General (Civil Law).

45. S 1903.

Judge advocates on inactive duty for training are designated as legal assistance officers, and ethical guidelines for legal assistance officers are expanded.

46. S 2010c.

Guidance on permissible assistance to claimants or potential claimants against the United States is added.

47. S 2036c(7).

The section is changed to reflect a statutory amendment which expands the scope of the Federal Tort Claims Act to include certain classes of claims arising from law-enforcement activities.

48. S 2102.

The maximum amount payable on a personnel claim was increased from $10,000 to $15, 000 effective 18 October 1974 by SECNAV message.

49. S 2113a.

The section is changed to reflect the increase in the maximum amount payable on a personnel claim.

50. S 2124a.

The limits of certain officers' personnel claims adjudicating authority are increased to $15,000.

51. Appendix

A-1-e(1).

Additional contents are prescribed for pretrial agreement forms.

52. Appendix

A-1-f(2).

Additional contents are prescribed for pretrial agreement forms.

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54. Appendix

A-21-i

The listing of officers authorized to adjudicate personnel claims is updated.

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Chapter

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b. Forms, certain reference material, and technical guides have been moved to the Appendix, which is
keyed by section number to the relevant chapter.

c. The words “Navy” and “naval,” as used in this Manual, include the Marine Corps except where the
context indicates differently.

d. The Uniform Code of Military Justice and the Manual for Courts-Martial, United States, 1969
(Revised edition), are referred to as “UCMJ” and “MCM” respectively in this Manual.

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