(4) Present grade if on active duty or retired, or "civilian" or "deceased" as applicable; (5) Address at time the application is forwarded; (6) Date of trial; (7) Place of trial; (8) Command title of the organization at which the court-martial was convened (convening authority); (9) Command title of the officer exercising general court-martial jurisdiction over the applicant at the time of trial (supervisory authority); (10) Type of court-martial which convicted the applicant; (11) General grounds for relief which must be one or more of the following: (i) Newly discovered evidence; (ii) Fraud on the court; (iii) Lack of jurisdiction over the accused or the offense; (iv) Error prejudicial to the substantial rights of the accused; (12) An elaboration of the specific prejudice resulting from any error cited. (Legal authorities to support the applicant's contentions may be included, and the format used may take the form of a legal brief if the applicant so desires); (13) Any other matter which the applicant desires to submit; and (14) Relief requested. The applicant's copy of the record of trial will not be forwarded with the application for relief, unless specifically requested by the Judge Advocate General. (d) Signatures on applications. Unless incapable of making application himself, the applicant shall personally sign his application under oath before an official authorized to administer oaths. If the applicant is incapable of making application, the application may be signed under oath and submitted by applicant's spouse, next of kin, executor, guardian, or other person with a proper interest in the matter. § 719.145 Set off of indebtedness of a person against his pay. (a) Court-martial decisions. When the United States has suffered loss of money or property through the offenses of selling or otherwise disposing of, or willfully damaging, or losing military property, willfully and wrongfully hazarding a vessel, larceny, wrongful appropriation, robbery, forgery, arson, or fraud for which persons, other than accountable officers as defined in U.S. Navy Regulations, have been convicted by courtmartial, the amount of such loss constitutes an indebtedness to the United States which will be set off against the final pay and allowances due such persons at the time of dismissal, discharge, or release from active duty. (b) Administrative determinations. In addition, when the Government suffers a loss of money and competent authority has administratively determined that the loss occurred through the fraud, forgery, or other unlawful acts of such, persons as described in paragraph (a) of this section, the amount of such loss shall be set-off as described in paragraph (a) of this section. "Competent authority," as used herein, shall be the commanding officer of such persons and the administrative determination shall be made through an investigation pursuant to the JAG Manual and approved on review by a general court-martial authority (c) Army and Air Force property. When the money or property involved belongs to the Army or the Air Force, and such service determines liability through the procedures provided by the authority of 37 U.S.C. 1007 and demands set off against the final pay and allowances of any naval service personnel, setoff shall be effected in accordance with subsection a above. (d) Voluntary restitution. Immediate recovery action may be instituted on the basis of a voluntary offer of the member to make restitution of all or part of any indebtedness to the Government. The voluntary offer constitutes assumption of pecuniary responsibility for the loss and, as such, is sufficient to authorize checkage of current pay, if required, to collect the amount of the indebtedness. See also 10 U.S.C. 6161 and SECNAV INST 7220.38A series concerning the possibility of remission or cancellation of an enlisted member's indebtedness. Nothing herein shall be construed as precluding setoff against final pay in other cases when such action is directed by competent authority. § 719.146 Authority to prescribe regulations relating to the designation and changing of places of confinement. The Chief of Naval Personnel and the Commandant of the Marine Corps are authorized to issue joint regulations as required to appropriate authorities relat ing to the designation and the changing of places of confinement of naval prisoners (see BUPERSINST 1640.5 series). Convening authorities, officers exercising supervisory authority, and commanding officers operating correctional facilities are considered appropriate authorities within the meaning of this section. The Chief of Naval Personnel is further authorized to designate places of confinement when necessary, to change the designation, and to authorize the transfer of prisoners between naval places of confinement and to Federal penal or correctional institutions. § 719.147 Apprehension by civilian agents of the Naval Investigative Service. Pursuant to the provisions of paragraph 19, MCM, and under the authority of 10 U.S.C. 807(b), any civilian agent of the Naval Investigative Service, who is duly accredited by the Director, Naval Investigative Service, and who is engaged in conducting an investigation within the investigative jurisdiction of the Naval Investigative Service as established in departmental directives, which investigation has been duly requested by, or is at the direction of, competent U.S. Navy or U.S. Marine Corps authority, may apprehend, if necessary, persons subject to the Uniform Code of Military Justice or to trial thereunder, upon reasonable belief that an offense has been committed and that the person apprehended committed it. A person so apprehended must be taken promptly before his commanding officer or other appropriate military authority. Such a civilian agent may apprehend a commissioned officer or a warrant officer only pursuant to specific orders of a commissioned officer except where such an apprehension is necessary to prevent disgrace to the service, the commission of a serious offense, or the escape of one who has committed a serious offense. Such a civilian agent, even though not conducting an investigation relating to the person apprehended, may also apprehend a person subject to the Uniform Code of Military Justice upon observation of the commission of a felony or a misdemeanor amounting to a breach of the peace occurring in the agent's presence. A person so apprehended must be delivered promptly to his commanding officer or other appropriate military authority. Appendix section 1-n1 contains a suggested format which may henceforth be utilized by investigative personnel in cases in which criminal suspects desire to waive their rights concerning self-incrimination, and to make statements. This format is designed as a guide and its use is not mandatory. § 719.150 Court-martial case report. The Court-Martial Case Report, NAVJAG 5813/2 (Rev. 6-69), is designed to serve as a statistical source for planning purposes and to afford the Judge Advocate General an early source of information regarding cases which may evoke public or congressional interest. A case report will be submitted by the "Presiding Officer" with respect to each accused tried by general or special courtmartial. The term "Presiding Officer" includes a military judge of the Judiciary Activity, any other military judge assigned to a special court-martial, and the president of a special court-martial without a military judge. Supplies of NAV JAG Form 5813/2 (Rev. 6-69) are available in the Forms and Publications Segment of the Navy Supply System under Stock No. S/N 0105–100-8160. A form containing sample entries is set forth in appendix section 1-0.1 720.5 720.6 720.7 720.8 720.9 Agreement required prior to delivery to State authorities. Delivery of personnel to Federal autorities. Delivery of personnel to foreign authorities. Circumstances in which delivery is refused. Reports required when personnel delivered. 720.10 Report required when delivery refused. 720.11 Report required when personnel confined by foreign authorities. 720.12 Personnel released by civil authorities on bail or on their Own recognizance. 720.13 Interviewing of naval personnel by Federal civilian investigative agencies. 720.14 Habeas corpus. Subpart B-Service of Process and Subpenas Upon Personnel of Naval Establishment 720.20 720.21 Service of process upon personnel. Personnel subpenaed as witnesses in State or local courts. 720.22 Personnel subpenaed as witnesses in Federal courts. 720.23 Naval prisoners as witnesses or parties in civil courts. 720.24 Interviewing personnel preliminary to civil litigation in matters pertaining to official duties. 720.25 Suits against the United States. Subpart C-Production of Official Records 720.30 Production of official records in response to court order. 720.31 720.32 Production of official records in absence of court order. Certificates of full faith and credit. 720.40 Litigation reports. AUTHORITY: Military Personnel and Civilian Employees' Claims Act of 1964, as amended (31 U.S.C. 240-243). SOURCE: 38 FR 6021, Mar. 6, 1973, unless otherwise noted. Subpart A-Delivery of Personnel § 720.1 Delivery when personnel within territorial limits of the requesting State. In cases in which the delivery of any person in the Navy or Marine Corps is requested by local civil authorities of a State, Territory, or Commonwealth for an alleged offense punishable under the laws of that jurisdiction, and such person is attached to a Navy or Marine Corps activity within the requesting jurisdiction, or aboard a ship within the territorial waters of such jurisdiction, commanding officers are authorized to and normally will deliver such person when a proper warrant is presented, subject to exceptions in § 720.8. § 720.2 Delivery when personnel beyond territorial limits of requesting State. (a) General. In all cases in which the delivery of any person in the Navy or Marine Corps is wanted by State, Territory, or Commonwealth civil authorities for an alleged crime or offense made punishable by the laws of the jurisdiction making the request, and such person is not attached to a Navy or Marine Corps activity within such requesting State, Territory, or Commonwealth, or a ship within the territorial waters thereof, any officer exercising general courtsmartial jurisdiction, or officer designated by him, is authorized, subject to exceptions in § 720.8, to deliver such person for the purpose of making him amenable to prosecution. The authorities of the requesting State will be required, in the absence of a waiver of extradition by the member concerned, to complete extradition process according to the prescribed procedures to obtain custody of a person from the State in which the individual is located, and to make arrangements to take the individual into custody there. Compliance with § 720.5 is required. (b) Waiver of extradition. (1) Any person may waive formal extradition under circumstances cognizable under paragraph (a) of this section. A waiver must be in writing and witnessed. It must include a statement that the person signing it has received counsel of either a military or civilian attorney prior to executing the waiver, and it must further set forth the name and address of the attorney consulted. The form for waiver should be substantially as that suggested in appendix section A-13(a).1 (2) In every case where there is any doubt as to the voluntary nature of a waiver, such doubt shall be resolved against its use and all persons concerned will be advised to comply with the procedures set forth in paragraph (a) of this paragraph. (3) Executed copies of all waivers will be mailed to the Judge Advocate General immediately after their execution. (4) When an individual declines to waive extradition, the Commandant of the Naval District shall be informed and 1 Filed as part of original document. he shall make further representations to the civil authorities as appropriate. The individual concerned shall not be transferred or ordered out of the State in which he is then located, until the matter of extradition is resolved, without the permission of the Secretary of the Navy (Judge Advocate General). (c) Fugitive warrants. A fugitive warrant, as used herein, is a warrant for the arrest of an individual issued by a court of competent jurisdiction of the State in which the individual concerned is then located, and which may be based on a warrant or other process issued by still another State. When delivery of an individual is sought on the basis of such a warrant, delivery will normally be granted. Section 720.1 is considered controlling in such cases. When the State in which the individual is located desires custody solely for the purpose of delivering the individual to another State, such as when delivery is sought on the basis of a fugitive warrant, officials of both States shall sign the agreement required by § 720.5, or the agreement will be modified so as to reflect clearly that the State in which the individual is located may not avoid the responsibility of returning the individual to the Department of the Navy. When an indivdual is delivered upon presentation of a proper fugitive warrant, the provisions of paragraph (b) of this section relative to extradition are applicable. § 720.3 Personnel stationed outside the United States. (a) Personnel desired by local authorities. In all cases in which the delivery of any person in the Navy or Marine Corps is desired for trial by State, Territory. Commonwealth, or local civil authorities and such person is stationed outside the United States, a requisition for the delivery of the person must be made by the Governor of such State, Territory, or Commonwealth, addressed to the Secretary of the Navy. It must show that the person desired is charged with a crime in that State, Territory, or Commonwealth, for which he could be extradited under the Constitution of the United States, the enactments of Congress, or the laws of the State, Territory, or Commonwealth desiring his delivery. Such requisition should be forwarded to the Secretary of the Navy (Judge Advocate General) for examination. If the papers allege that the person is a fugitive from the justice of that State, Territory, or Commonwealth and that he is charged with an extraditable crime and the papers are otherwise found to be in due form, the Secretary of the Navy (Judge Advocate General) will direct the Commandant of the Marine Corps or Chief of Naval Personnel, as the case may be, to issue appropriate orders to the individual concerned directing his transfer to the United States to the military installation most convenient to the Department of the Navy. The individual will be held under the minimum restraint required under the circumstances. The Commandant of the Marine Corps or the Chief of Naval Personnel, as the case may be, will inform the officials of the requesting State of the location of the individual concerned and that custody may be obtained by compliance with § 720.1 or $ 720.2, as applicable. (b) Personnel desired by Federal authorities. In all cases in which the delivery of any person in the Navy or Marine Corps is desired for trial in Federal District Court, upon appropriate representations by the Department of Justice to the Secretary of the Navy (Judge Advocate General), the individual will be returned to the United States and held at a military facility convenient to the Department of the Navy. Delivery may be accomplished as set forth in § 720.6. § 720.4 JAG Authority. The Judge Advocate General, the Deputy Judge Advocate General or any Assistant Judge Advocate General is authorized to act for the Secretary of the Navy in the performance of functions under §§ 720.1, 720.2, 720.3, 720.5, 720.8, 720.14, 720.20, 720.23, and 720.30. § 720.5 Agreement required prior to delivery to State authorities. In every case in which the delivery for trial of any person in the Navy or Marine Corps to the civilian authorities of a State is authorized, such person's commanding officer shall, before making such delivery, obtain from the Governor or other duly authorized officer of such State a written agreement that conforms to the agreement as set forth in appendix section A-13(b).1 When indicating in the agreement the naval or Marine Corps activity to which the person delivered is to be returned by the State, care should be taken to designate the closest appropriate activity which possesses special court-martial jurisdiction. The Department of the Navy considers this agreement substantially complied with when the man is furnished transportation back to a naval or Marine Corps activity as set forth herein and necessary cash to cover his incidental expenses en route thereto, and the Department of the Navy so informed. Any departure from the agreement set forth in appendix section A-13(b)1 must have prior approval from the Secretary of the Navy (Judge Advocate General). § 720.6 Delivery of personnel to Federal authorities. (a) Authority to deliver. Commanding officers are authorized to and should deliver personnel to Federal law enforcement authorities who display proper credentials and represent to the command that a Federal warrant for the arrest of the individual concerned has been issued, subject to exceptions in § 720.8. (b) Agreement not required of Federal authorities. The agreement described in § 720.5 will not be exacted as a condition to the delivery of personnel to Federal law enforcement authorities. In the event that the person delivered is acquitted, or, if convicted, immediately upon satisfying any sentence of the court, or upon other disposition of his case, the person will be returned to the naval service: Provided, That naval authorities desire his return, and the necessary expenses will be paid from an appropriation under the control of the Department of Justice. § 720.7 Delivery of personnel to foreign authorities. Except when provided by agreement between the United States and the foreign government concerned, commanding officers are not authorized to deliver persons in the Department of the Navy to foreign authorities. When a request for delivery of personnel is received, in a country with which the United States has no agreement or when the commanding officer is in doubt, advice should be sought from the Judge Advocate General. obtain specific authority from the Secretary of the Navy (Judge Advocate General) to deliver personnel to Federal, State, Territory, Commonwealth, or local authorities. (b) When delivery may be refused. Delivery may be refused in the following circumstances: (1) Where the accused has been retained for prosecution as set forth in § 719.107(g) (3) (a) of this chapter; (2) Where the accused is undergoing a sentence of a court-martial. However, attention is directed to the "Interstate Agreement on Detainers Act" (Public Law 91-538; 84 Stat. 1397; 18 U.S.C. A. App.), which provides for the delivery of a sentenced prisoner to a jurisdiction in which an untried indictment, information, or complaint is pending, for temporary custody during trial. Any request made pursuant to the "Interstate Agreement on Detainers Act" shall be forwarded in an expeditious manner to the Secretary of the Navy (Judge Advocate General, Code 14), for action; (3) When the commanding officer considers that conditions exist which indicate that delivery should be denied. (c) Reports required. When delivery is refused, see § 720.10. § 720.9 Reports required when personnel delivered. (a) General. Upon delivery of naval personnel to civil authorities, whether Federal, State, Territory, Commonwealth, local, or foreign, a written report of delivery shall be made by the commanding officer to the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate. A copy will be furnished the Judge Advocate General in cases in which the Secretary of the Navy or the Judge Advocate General has authorized the delivery. The reports required by this paragraph and by paragraph (b) of this section need not be made when personnel are delivered to local civil authorities for misdemeanors not involving moral turpitude and are returned to the command within 24 hours. (b) When disposition is made by civil authorities. When the trial of a person delivered pursuant to this chapter is completed or the charges dismissed, the commanding officer shall submit, by letter to the Chief of Naval Personnel or to the Commandant of the Marine Corps, a full report of the offense or offenses charged, the findings, sentence or other |