The more the change the less the same

On July 11, 2017 (79 FR 59938-59959), the JSC published a Notice of Proposed Amendments concerning procedure and evidence applicable in trials by court-martial, non-judicial punishment proceedings, and the punitive articles of the Uniform Code of Military Justice as amended by the Military Justice Act of 2016, Division E of the National Defense Authorization Act for Fiscal Year 2017 and follow-on changes made by the National Defense Authorization Act for Fiscal Year 2018.

Comments and materials received from the public are available under Docket ID Number DOD-2017-OS-0032, and at the following linkĀ https://www.regulations.gov/ docket? D= DOD-2017-OS-0032.

The JSC considered each public comment and made some modifications to the proposed amendments accordingly.

[and the comments are here.]

Of significant interest:

A comment proposing a change to R.C.M. 804 to ensure that court-martial attendance by the accused constitutes the accused’s appointed place of duty for purposes of pay and allowance was received. The comment highlighted that multiple courts had granted confinement credit for accused who did not receive normal pay and allowances or had to pay for their own travel and housing during the pendency of the court-martial. The JSC has adopted a proposal.