Legal Services Military Justice - United States Army

1 UNCLASSIFIED army Regulation 27 10 Legal Services Military Justice Headquarters Department of the army Washington, DC 20 November 2020 SUMMARY of CHANGE AR 27 10 Military Justice This administrative revision, dated 3 December 2020 o Updates table (table 3 1). This major revision, dated 20 November 2020 o Removed delegation of Military Justice authority from the Assistant Secretary of the army (Manpower and Reserve Affairs) (formerly para 1 4). o Expands policy of encouraging grants of immunity to alleged victims who are subject to the UCMJ and suspected of having committed minor collateral misconduct (para 2 4b(2)).

2 O Clarifies reporting requirements for cases involving discovery or disclosure of classified information (para 2 7). o Clarifies filing requirement for punitive or administrative actions involving sex-related offenses (para 3 3b(3)). o Updates the standard for conducting extra training or instruction (para 3 3c). o Provides additional guidance on processing actions involving sex-related offenses (para 3 6b). o Clarifies continuity of imposing commander (para 3 7a(2)). o Clarifies that commander may complete imposition of nonjudicial punishment started by a temporary (acting) commander (para 3 8b).

3 O Clarifies requirement for and limitations of a preliminary inquiry into charges or suspected offenses pursuant to RCM 303; directs that all allegations of sexual assault be directed to Criminal Investigation Command (para 3 14). o Adds requirement to notify Soldier of potential right to object to a special court-martial convened pursuant to Article 16(c)(2)(A) (paras 3 16b and 3 18d). o Removes reference to confinement on bread and water as a valid punishment in accordance with amended Article 15 (para 3 19b(2)).

4 O Clarifies that initiation of an adverse action flag for new misconduct prior to the end of the suspension period temporarily tolls the suspension period (para 3 25a). o Clarifies filing procedures for Article 15s (para 3 37). o Removes references to transfers of punishments wholly set aside or changes of status before 1 September 1979 (previously para 3 42c). o Clarifies process for taking UCMJ action against a Soldier subject to civilian prosecution (para 4 3). o Replaces references to promulgating order, for special and general courts-martial, with entry of judgment as appropriate (chap 5).

5 O Clarifies jurisdiction over Reserve Component Soldiers when in Federal service; clarifies effective date triggers for jurisdiction(para 5 4b). o Requires the detailing of court reporters for all special court-martial and general court-martial (para 5 5). o Changes authority to enter into arrangements with other Services for defense counsel from staff judge advocates to Chief, army Trial Defense Service and requires notification to Office of the Judge advocate , Criminal Law Division (OTJAG CLD) (para 5 7).

6 O Revises individual Military counsel request procedures and standards; adds a standard of review for denials of individual Military counsel requests; and specifies funding responsibilities for Reserve Component judge advocates not on active duty who are determined to be reasonably available for purposes of individual Military counsel requests (para 5 9). o Establishes guidelines on existing attorney-client relationship between an accused and an Reserve Component judge advocate , when the relationship is based on the judge advocate s civilian practice of law (para 5 9e(2)).

7 O Clarifies that when state bar rules and Military rules of professional responsibility conflict, the army rule controls. (para 5 10c). o Removes reference to convening authorities rating Military judges in recognition of fully independent judiciary (para 5 11c). o Clarifies that performance of duties as a court-martial member does not prohibit the member from receiving briefings or courses on Military Justice generally as specified in chapter 18 (para 5 12). o Consolidates offense reporting requirements, including timing and content, in one paragraph (para 5 14).

8 O Implements requirement of DoDI to report command-directed inquiries to Military law enforcement for the collection of criminal history record information when the inquiry results in the preferral of charges (para 5 14). o Establishes rules requiring law enforcement organizations to continue working on cases referred to a general court-martial, consistent with their regulations; adds probable cause determinations (para 5 15). o Sets forth guidance on issuance of investigative subpoenas; prohibits their use in administrative investigations; provides guidance on army Trial Defense Service requests for subpoenas; allows General Court-Martial Convening Authorities to delegate authority to approve to Staff Judge Advocates; clarifies that subpoenas are not to be used for Stored Communications Act information (para 5 16).

9 O Sets forth procedures and policies for obtaining and serving warrants and court orders under the Stored Communications Act (para 5 17). o Establishes rules for new Article 30a proceedings (para 5 18). o Establishes rules for requests for relief from subpoenas and other process (para 5 19). o Clarifies that receipt of charges by the accused s commander functions as an automatic flag, suspending all favorable personnel actions, and that filing of DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) is still required (para 5 22b).

10 O References mandatory use of Military Justice Online throughout the court-martial process, and the requirement to keep DD Form 458 (Charge Sheet) current in Military Justice Online until record of trial is forwarded for appellate review (para 5 23). o Establishes procedures and policies for the production and funding of witnesses at Article 32 preliminary hearings (5 25). o Updates procedures for submitting and processing a resignation for the good of the Service to reflect changes in convening authority s ability to act on such a resignation (para 5 26).