1. Module 1 – Naval Knowledge
Unit 3 - Military Law
Chapter 2 – Discipline and Punishment
Section 3 – Review of Courts-Martial

2. Demonstrate an understanding of military justice and how it relates to the Navy

3. Explain the method for reviewing courts-martial
Describe the relationship between civil jurisdiction and military justice
Cite the methods used for disciplinary separations from the service

4. CPS Key Term Questions 1 - 2

5. Administrative separation -
A non-punitive discharge prior to completion of an enlistment
Bad conduct discharge -
A discharge from one of the armed services issued from a court-martial after conviction for an offense less serious than one leading to a dishonorable discharge

6. Describe the differences between a court-martial and nonjudicial punishment.

7. CPS Lesson Questions 1 - 2

8. Review of Courts-Martial
Higher authorities automatically review court records of any court-martial to make sure:
Trial court acted correctly
Accused was NOT denied any rights
Sentence was NOT illegal or too severe

9. Review of Courts-Martial
Higher authority review may:
Approve or disapprove the findings and sentence
Change the findings and/or sentence
Reduce or suspend the sentence
Change the sentence, but not increase the severity of punishment
When a trial results in an acquittal, the convening authority may not change it or send the case back for retrial

10. Review of Courts-Martial
Review in a military court is similar to an appeal in a civilian court to a higher court.
Reviews of court-martial are provided automatically.
A civilian offender is not automatically
granted an appeal.

11. Review of Courts-Martial
The convening authority may, after careful review:
Approve or disapprove the findings and sentence, or any part of them
Direct a rehearing
If a trial results in acquittal, the convening authority may not change it or send the case back for retrial.

12. Review of Courts-Martial
In the case of a summary or special court-martial, the convening authority forwards the record to the next superior with general court-martial jurisdiction for review.

13. Review of Courts-Martial
If an error is found, the senior may:
Call a rehearing
Set aside in whole or in part findings of guilty and the sentence
Mitigate and suspend any part of an unexecuted portion of the sentence

14. Review of Courts-Martial
The findings of any court-martial that awards a bad conduct discharge must be sent to the Office of the Judge Advocate General (JAG) of the Navy.

15. Review of Courts-Martial
The Court of Military Review consists of a three-judge appellate review panel reviews all cases:
Affecting flag officers
Imposing the death penalty
Dismissing an officer
Imposing a dishonorable or bad conduct discharge
Imposing confinement for a year or more

16. Review of Courts-Martial
The Court of Military Review may:
Reduce the sentence to a lesser penalty
Set aside the entire findings and sentence
Order a rehearing
Dismiss the charges

17. Review of Courts-Martial
The Court of Military Appeals is higher than the Court of Military Review and is the “supreme court” of military justice.
The court is composed of three civilian judges appointed by the President and confirmed by the Senate.

18. Review of Courts-Martial
The accused has the right to petition the Court of Military Appeals, but appeals are not automatic.

19. 3 - 4

20. Civil Jurisdiction
Naval personnel are subject to civil courts when a crime is committed within a civil jurisdiction.
Civil authorities may hold a military member.

21. Civil Jurisdiction
Military members who are charged and held by civil authorities often have military charges filed against them, like unauthorized absence.
Other military charges may also be filed, depending upon the circumstances.

22. Civil Jurisdiction
If the accused is found guilty and detailed, the entire period of absence is considered as lost time for pay purposes, and that period is charged as unexcused absence.

23. 5 - 6

24. Separations from the Service
Types of discharges from military service by court-martial:
• Bad conduct - by either a special or general
court-martial
• Dishonorable - only by a general court-martial

25. Separations from the Service
Officers may have their commission revoked prior to the time they complete three continuous years
of commissioned service.
This may be for disciplinary reasons or for other needs of the naval service.

26. Separations from the Service
Navy officers who hold permanent commissions may be discharged prior to completion of 20 years service if performance is unsatisfactory.

27. Separations from the Service
The “character” of the discharge from the naval service is important.

28. Separations from the Service
The conditions of discharge and separation may be:
Under honorable conditions
Under conditions other than honorable

29. Separations from the Service
The type of discharge affects veterans’ benefits such as:
G.I. Bill education
Job preference
Pensions
REMEMBER: the “character” of a discharge could affect entry into the civilian work force or school

30. Separations from the Service
Causes of administrative “undesirable” separations include:
Incompatibility with service life
Performance below standards
Financial irresponsibility
Immoral conduct
Abnormal social behavior

31. Discuss the purpose and process of the review of courts- martial.

32. CPS Lesson Questions
7 - 8