SPCMCA Authority

1. SPCMCA authorityMaximum punishment. Executive Order RCM 201(f)(2)(B), effective 15 May 2002, increased the maximum punishment at a special court-martial to one year confinement. In Taylor v. Garaffa, 57 M.J. 645 (N-M. Ct. Crim. App. 2002), the accused used cocaine before the executive order’s effective date, 15 May 2002, but his court-martial was convened and his case was referred after 15 May 2002. Denying his motion for relief, the court held the maximum punishment at his special courts-martial included confinement for up to 12 months.

2. AR 27-10. Paragraph 5-28(a) authorizes Army SPCMCAs to refer cases to BCD SPCMs. In SPCMs involving confinement in excess of six months, forfeitures of pay for more than six months, or bad-conduct discharges the “servicing staff judge advocate will prepare a pretrial advice, following generally the format of RCM 406(b).”