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 |
Max Punishment: Special 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: to E-1
- E-5 and above: 1 pay grade
|
- 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:
References
- Manual for Courts-Martial (MCM) (2008 Edition).
- Rules for Summary Courts-Martial: Part II, Chapter XIII (pages 229-234)
- Guide for Summary Courts-Martial: Appendix 9 (pages 527-538)