SUMMARY COURT-MARTIAL INFORMATION

You Have the Right to

• Object to SCM
• Inspect papers and personnel records used during SCM
• Remain silent or testify concerning the offense
• Cross-examine witnesses
• Plead guilty or not guilty
• Make a sworn or unsworn statement
  • In extenuation (if pleading guilty, this is a good reason why you did it)
  • In mitigation (if pleading guilty, this is a reason why the CO should lessen your punishment)
• Have witnesses appear on your behalf
  • On the merits of the offense, OR
  • As good character witnesses
• Submit written matters to the convening authority (e.g. clemency recommendations) after a sentence is announced (see R.C.M. 1105)
   

If You Refuse Summary Court-Martial

• Charges may be dropped,
• Administrative action may be taken (page 11 counseling, administrative separation, non-punitive letter of caution, etc.), or
• Charges may be referred to a Special Court-Martial. Compare the difference:

Max Punishment: Summary Court-Martial
Confinement: 30 days (E-4 and below)
Restriction: 60 days (E-5 and below)
Forfeitures: 2/3 pay for 1 month
Reduction:
E-4 and below: E-1 
E-5 and above: 1 pay grade.

Max Punishment: Special Court-Martial
Confinement: 12 months
Forfeitures: 2/3 pay for 12 months
Reduction: to E-1
Discharge: Bad Conduct Discharge (BCD)
 

Making Your Case: Personal & Character Statements

Before you come in for summary court-martial counseling, think about what you will say and what others might say in your behalf. If you plan to make a statement, start work on it and bring it with you when you come in for counseling. If you plan to ask anyone else to be a witness, notify them and ask them if they are willing to be a witness for you. Here’s some guidance on making statements and preparing character witnesses:

Your Personal Statement

Request for and Outline of Character Statement (specifically designed to be submitted in writing at court-martial)
 

References

Manual for Courts-Martial