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Convening Authority

What is Convening Authority and general court martial convening authority? Is there a special court martial convening authority in the Military? The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission. The appointees serve as the military judge and members of the "panel", which decides the guilt or innocence of a person standing trial before the court-martial or military commission. Many of these questions arise when dealing with convening authority. Read below where the Experts have answered questions such as these.

What if the General Convening authority denies all expert witness requests and the judge denies them at the motion as well?

The judge is the authority to grant or deny witnesses in Military Law cases. However in most cases the person that is on trial can raise a motion to reconsider and file an appeal if conviction is granted.

How can someone fix a bad conduct discharge?

Once the hearing is over, the individual can present the case to the Convening Authority for sentence suitability under Rule 4 Court Martial 1105/1106. The Convening authority has full discretion on what judgment to grant.

What happens if the prosecution and Convening Authority denies witnesses

The individual should then go to the judge. The regulations are obvious the military judge could order manufacture of a witness if the Convening Authority refuses the witness unacceptably. So, if the individual files a movement with the court for manufacture of the witness.

How does someone go about having their record expunged, when it comes to charges brought through a Military Court Martial?

When someone disputes, a discharge there is a process that they would have to follow. If the individual desires to dispute their discharge or the position under which the individual was discharged then they are required to fill out the document sited here: http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0293.pdf. If someone needs help filling out the document, this site will provide people with detailed instructions to do so. Present the document to the Navy Personnel Board at the address presented on the document. It is uncommon that the review board will adjust a discharge. This is definitely possible if the individual can build rational arguments on why it must be changed. This is the only procedure by which the individual could change their military discharge status. There would be no possible way that the individual could expunge the record.

If someone issued a Letter of Reprimand from the general convening authority of the courts-martial in their region, which specifically found the party guilty of charges that have not yet been through the Article-32 or courts-martial process and is filled into their official OMPF. How much influence does this have considering this is a form of punishment a judge/jury can administer if found guilty beyond a reasonable doubt?

In most cases, the General Convening Authority will not find the person guilty since this is just a letter of warning. The regulations on letters of warning are not as severe as they are for a genuine court martial (just like administrative departure and non-judicial reprimand are a lot more lax).

Convening Authority is a very diverse topic. It can span one question after another. There are additional questions that could come up. Such as: summary court martial convening authority, special court martial convening authority, and general court martial convening authority. Experts can help with any question fast and effectively.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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