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Navy & Marine Corps Appellate Leave Activity

Navy & Marine Corps Appellate Leave Activity. 1325 10 th St. SE, Washington Navy Yard, DC 20374-5070 (202) 685-0100, DSN 325-0100, FAX 0606. PERS CONF BRIEF – 21 Sep 2012. References. MILPERSMAN 1050-310 thru 380 Manual for Courts-Martial United States. ACRONYMS

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Navy & Marine Corps Appellate Leave Activity

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  1. Navy & Marine Corps Appellate Leave Activity 1325 10th St. SE, Washington Navy Yard, DC 20374-5070 (202) 685-0100, DSN 325-0100, FAX 0606 PERS CONF BRIEF – 21 Sep 2012

  2. References • MILPERSMAN 1050-310 thru 380 • Manual for Courts-Martial United States

  3. ACRONYMS CA- CONVENING AUTHORITY • NMCCA- NAVY AND MARINE CORPS CRIMINAL COURT OF APPEALS • CAAF- COURT OF APPEALS FOR THE ARMED FORCES • PROMULGATION ORDER (PROM)- COURT DECISION THAT GOES TO MEMBER • NOCAR- NOTIFICATION OF COMPLETION OF APPELLATE REVIEW • SCMO- SUPPLEMENTAL COURT-MARTIAL ORDER • NC&PB- NAVAL CLEMENCY AND PAROLE BOARD

  4. NAMALA MISSION To efficiently command, administer and manage the centralized tracking of all Navy and Marine Corps personnel placed on mandatory appellate leave; and members assigned by the Naval Clemency and Parole Board to parole or supervised release while expediting the discharge process; and to perform other functions and tasks as directed.

  5. FUNCTIONS • Monitor the case status of members on involuntary appellate leave and members assigned to the Federal Bureau of Prisons (Ft. Leavenworth) who are awaiting the results of appellate review. • Process and track members on parole or supervised release. • Provide information as necessary on appellants on involuntary appellate leave to: • a. The Navy-Marine Corps Appellate Review Activity • b. The Navy-Marine Corps Court of Criminal Appeals • c. The Naval Clemency and Parole Board • d. Members on appellate leave • e. Other interested parties (subject to the requirements of FOIA/PA)

  6. FUNCTIONS • Effect punitive discharges when approved and as directed by Navy JAG. • Effect clemency granted by the Naval Clemency and Parole Board

  7. What is Appellate Leave? “Required or permitted leave for members awaiting review of a punitive discharge or dismissal.” Policy: Use required (mandatory) or (requested) leave to aid in removing from the presence of the active force, expeditiously, those members being punitively discharged or dismissed. Ref: SECNAVINST 1050.1A

  8. Benefits Retained - Medical & emergency dental care (TRICARE Prime ONLY) - If an appellant dies while on appellate leave (and appellate review by NMCCA is not final) = Restoration of rights, privileges & property (honorable discharge + back pay and allowances, SGLI(If eligible), death gratuity, burial). - Appellate leave counts toward retirement (if conviction is set aside) - Other benefits: GI Bill, VA loans, exchange & commissary privileges, legal assistance

  9. What is Appellate Review? • Appellate review is a higher court’s review process conducted on a court-martial. Highest: Lowest: *Cases seldom reach the U.S. Supreme Court Level. Most are approved at the NMCCA Level.

  10. Convening Authority has not acted Adjudged Punitive Discharge Confinement is completed Appellate review not waived Requested by member Approved by OEGCMJ or OESPCMJ Requested vs. Mandatory Appellate Leave Requested Mandatory • Convening Authority has acted • Punitive Discharge is approved as adjudged • Confinement is completed • Appellate review not waived or case withdrawn from appellate review • Convening Authority has directed vs.

  11. Commands’ Responsibilities • The member’s parent command’s responsibilities PRIOR to sending SRB to NAMALA: • - Ensure the member is out of confinement • - Ensure the Convening Authority has acted • - Complete audit of Service Record Book (must have convening authority’s action, Req/Mand appellate leave orders and separation physical to include the members Health and Dental records) • - DNA Drawn • - Member assigned ACC 393 and transferred to NAMALA via MMPA

  12. Record at NAMALA • NAMALA checks: • Appropriate appellate Leave Status in admin systems • Voluntary/Involuntary appellate Leave Orders • Convening Authority’s Action (CA’s action) • - Updated Page 2 • SGLI election • - Enlisted Contract • - Health/Dental records • - Physical

  13. NAMALA’S ROLE TO APPELLANTS • NAMALA serves as parent command to: - Verify MGIB education assistance (if eligible) - Provide Statements of Service (SOS) to member (as requested) - Act as Custodian of members’ SRB/Med/Dental records while their cases are being reviewed by the Court(s). - Validate ID Card Authorization (90-day standard issue) In summary, NAMALA assists members with administrative needs.

  14. Ready for Discharge…Checklist Checklist: • SRB Complete • Med/Dental Records • DNA Drawn (As applicable) • Appellate Review Complete (NMCCA/CAAF/Supreme Court) • DD-214 Created/Reviewed/Signed Member Discharged

  15. NAMALA Points of Contact • CDR Thompson (CO): (202) 685-0101; DSN 325-0101 • Capt Budzyn (XO): (202) 685-0102; DSN 325-0102 • GySgt Glover (SEA): (202) 685-0103; DSN 325-0103 • NAMALA LPO: (202) 685-0111; DSN 325-0111 • NAMALA FAX: (202) 685-0606 or (202) 433-0234 • See also: http://www.marines.mil/units/hqmc/NAMALA/Pages/default.aspx • Mailing address: 1325 10th St. SE, Washington Navy Yard, • DC 20374-5071 (202) 685-0100, DSN 325-0100, FAX 0606

  16. QUESTIONS ?

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