Chapter 17.
Court-Martial Records

127. IN GENERAL. Every court-martial, like every court of law,must prepare a record of its proceedings. This record may be so informal as to be wholly contained on the four pages of a charge sheet, as in the case of a summary court record, or it may consist of several volumes of testimony and exhibits as occasionally occurs in a complicated general court-martial trial. The duty of preparing a general or special court-martial record falls on the trial judge advocate, while a summary court officer is responsible for the preparation of records of the trials he conducts. (See ch. 9, supra.) While no record of the testimony at a trial by summary court is made, all testimony at a general court-martial is recorded by question and answer, and testimony at a special court-martial is recorded either by question and answer or by a summary of evidence depending on whether a reporter was authorized by the appointing authority and served at the trial.

128. GENERAL COURT-MARTIAL CASES.

     1. Number of copies of record. An original and one carbon copy must be made of every general court-martial record whether or not the accused requests a copy. A separate carbon copy will be prepared for each additional accused.

     2. Reporters. Civilians or enlisted men may serve and be compensated as reporters at general courts-martial trials without any authorization by the appointing authority. (As to their rates of compensation, see par. 2, AR 35-4120, 30 July 1943.) No military personnel except enlisted men (and women) of the Army and retired military personnel may receive extra compensation for acting as reporter. No compensation can be made for extra carbon copies unless authorized by the appointing authority or ordered by the court, and in no event may an enlisted man be paid additional compensation for making extra copies of the record. A copy of the reporter's voucher must be attached to the record of trial. For a specimen completed reporter's voucher, see appendix 2, p. 190, infra.

     3. Form and contents. The use of the printed form for record of trial by general court-martial (WD AGO Form 114), though not mandatory, will result in the avoidance of many procedural and formal errors as well as in reducing the amount of stenographic work required. The

record should be typed on only one side of the paper. The contents of the record are discussed in paragraph 85b, MCM. Great care will be taken to follow the forms contained in appendix 6, MCM. A specimen record of trial may be found in appendix 2, this manual.
4. Examination by defense counsel. The defense counsel will examine the record of trial before it is authenticated. A suitable notation that this duty has been accomplished should be included on the page bearing the authentication, as, for example, the word "Examined" followed by the signature or initials of the defense counsel. (See app. 2, p. 212, infra.) If because of death, disability,or absence, the defense counsel is unavailable, the assistant defense counsel, if he was present at the trial, will sign or initial the record in lieu of the defense counsel, reciting the reason therefor. If neither the defense counsel nor the assistant defense counsel is available, the word "Examined" will be followed by the signature or initials of the accused and of one member of the court present at the trial, and the reason for the signature or initials of the member rather than of defense counsel (or assistant defense counsel) will be given.

5. Authentication. The record will be authenticated by the president and trial judge advocate. (See AW 33.) Such authentication can be made only by the president and trial judge advocate who were actually present at the trial. It must be noted that they are the persons who actually served in those capacities, that is, if the senior member of the court detailed in the order appointing the court was absent during the trial, the next senior member who sat was the president and should authenticate as president, not as "a member in lieu of the president because of his absence," and if the trial was conducted by the assistant trial judge advocate, he would authenticate as "trial judge advocate." If, after trial, the persons who served in those capacities are unable to authenticate because of death, disability, or absence, the record will be signed by another member in lieu of the president and an assistant trial judge advocate in lieu of the trial judge advocate; otherwise by another member of the court. If someone other than the president or trial judge advocates authenticates, the reason must be stated. The form for authentication in such cases is set out in appendix 6, MCM. (See also app. 2, this manual.)

6. Service on accused. The record of trail will affirmatively show the personal receipt of the accused for a copy of the record if such copy was requested by him at the trial. (See app. 2, p. 194, infra.) If his personal signature cannot be secured, a certificate of delivery by the officer delivering it (the trial judge advocate) to accused will be forwarded with the record. It is not proper for the defense counsel to sign a receipt on behalf of the accused. If accused did not request a copy of the record, the extra copy will be forwarded with the original to the appointing authority.

7. Correction. Until the record has been authenticated and forwarded to the reviewing authority, it is not complete and the president or trial

judge advocate is at liberty to correct the transcript of proceedings to make it conform to the facts by erasure, interlineation or otherwise, initialing corrections made. Thereafter, however, any change or correction must be made formally, not by interlineations, erasures or other physical change in the original. See in the connection paragraph 137, infra, as to revision proceedings and correction of records by certificate.
8. Forwarding. The record and accompanying papers with General Court-Martial Data Sheet (WD AGO Form 116) properly completed and signed (see note no 2d page of GCM Data Sheet as to questions that need not be answered) will be sent by the trial judge advocate by letter of transmittal to the reviewing authority. (See par. 85c, MCM.)
129. SPECIAL COURT-MARTIAL CASES.

     1. Number of copies of record. Only one copy of the record of a special court-martial trial need be made (first note, app. 7, p. 271, MCM). The accused is not entitled to a copy even though he demands it.

     2. Reporters. The appointment of a reporter for a special court-martial is authorized only if the appointing authority directs that the testimony be reduced to writing (par. 46a, MCM). A provision for directing that the testimony be reduced to writing may be included in the order appointing the court (see app. 2b, MCM). Ordinarily a summary of testimony will suffice without appointing or employing a reporter to record the testimony by question and answer as in the case of a general court-martial trial. It should be noted that there is no provision for paying an enlisted man for serving as reporter of a special court-martial. (See par. 2h, AR 35-4120, 30 July 1943.)

     3. Form and contents. This form and contents of a special court-martial record are set out in appendix 7, MCM, and a specimen record may be found in appendix 3, this manual. Except as otherwise indicated, the requirements of paragraph 85, MCM, as to general court-martial records are applicable.

     4. Examination, authentication, and correction. What has been said as to examination by defense counsel, authentication, and correction of general court-martial records (par. 183d, e, and g, supra) applies equally to special court-martial records.

     5. Forwarding to reviewing authority. After authentication the record will be sent by the trial judge advocate to the reviewing authority of the special court-martial who will take action thereon. (See ch. 18, infra.) After taking action, the reviewing authority will publish a special court-martial order promulgating the result of trial and his action thereon (par. 87d, MCM; AR 310-50, 1 December 1944; and ch. 19, this manual).

130. SUMMARY COURT-MARTIAL CASES. The record of trial by summary court-martial is the charge sheet itself (WD AGO Form 115), which is prepared in triplicate by the summary court officer. As to preparation

and forwarding of record by summary court officer, see appendix 8, MCM, and paragraph 64, supra. For a specimen form of record by summary court-martial, see appendix 4, infra. After completion of the record, the summary court officer will forward all three copies to the reviewing authority who will take appropriate action and make proper disposition of them. (See par. 142a, infra.)

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