Appendix 11

FORM FOR RECORD OF TRIAL BY SUMMARY

COURT-MARTIAL

Fill in blank numbers of pertinent charges and specifications or "all specifications and charges," as may be appropriate for use unless departmental regulations prevent such election (MCM, 32[(2)).

THE ACCUSED HAS BEEN PERMITTED AND HAS ELECTED TO REFUSE PUNISHMENT UNDER ARTICLE 15 AS TO

THE ACCUSED HAS NOT BEEN OFFERED PUNISHMENT UNDER ARTICLE 15 AS TO all charges and specifications.

YES

1. WAS THE ACCUSED ADVISED IN ACCORDANCE WITH PARAGRAPH 79g, MCM, ? When an accused has been permitted and has elected to refuse punishment under Article 15, trial by summary court-martial may proceed despite his objection.

2. THE ACCUSED, HAVING REFUSED TO CONSENT IN WRITING TO TRIAL BY SUMMARY COURT-MARTIAL AND NOT HAVING BEEN PERMITTED TO REFUSE PUNISHMENT UNDER ARTICLE 15, THE CHARGES ARE HEREWITH RETURNED TO THE CONVENING AUTHOR.

Approved and ordered executed. The Base Confinement Facility, Randolph Air Force Base, Texas, is designated as the place of confinement.

NOTE: Summary of evidence, if required by the convening or higher authority, will be attached on separate pages.

• US GOVERNMENT PRINTING OFFICE 1963 0.

Appendix 12

TABLE OF COMMONLY INCLUDED OFFENSES

NOTE. When, in addition to the offense charged, the allegations in a specification are sufficient to place an accused on notice that he may have to defend against another offense, this additional offense is called an included offense. An included offense is not an operative factor in a trial unless placed in issue by the evidence. Once in issue, the court must be instructed on the included offense, and the accused may be found guilty of it. See 158 for a discussion of included offenses.

In regard to the following table, the charging of an accused with certain offenses always includes certain other offenses; for example, the charge of desertion always includes the offense of absence without leave. However, consideration of the particular allegations in the offense charged is often necessary before a determination can be made that a certain offense is included, for example, whether the offense of carnal knowledge is included in a charge of rape is controlled by whether the age of the victim is alleged to be less than 16 years. The following table generally does not include attempts, but an accused may be found guilty of an attempt to commit any offense charged (Art. 79) except when the offense, such as negligent homicide, cannot be intentionally committed. Also, it does not include those offenses which properly may be found by means of exceptions or exceptions and substitutions (74b(2)), but which differ from the offenses charged only with respect to the elimination or reduction of words of aggravation. For example, depending upon the proof, desertion terminated by apprehension properly may be found as desertion terminated in a manner not specified; similarly, larceny of property of a value of more than $100 properly may be found as larceny of property of a value of $100 or less and more than $50, or a value of $50 or less. In such a case, although the offense found would be the same offense as that charged, a lesser punishment might be authorized. In this connection, see Section A. 127c.

In view of the foregoing, the following table cannot be an all-inclusive list, cannot be applied mechanically, and is to be considered only as suggestive of possible offenses which may be included in the offense charged.