Appellate Leave

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Appellate Leave
GySgt Gibbs IV Sgt Oxendine NAMALA 5-6 April
05
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NAMALA MISSION

• Administer centralized appellate
  leave/tracking for all Navy Marine Corps
  members on appellate leave and those members
  assigned to the Federal Bureau of Prisons who are
  awaiting results of appellate review, and to
  perform such other functions and tasks as
  directed.

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STAFFING
NAVY CDR PN2 PNSN GS-6 2 GS-5
MARINES Capt Gunny 2 Sgts Cpl
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APPELLATE LEAVE? (MCO 1050.16A)

• Definition Required or permitted leave for
  members awaiting review of a punitive discharge
  or dismissal.
• A member CANNOT be automatically sent on
  Voluntary Appellate Leave it is VOLUNTARY, not
  mandatory!!!

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NAMALA FUNCTIONS

• Provide on-site training
• Monitor case status of Appellants on Leave
• Validate requests for renewal of military
  identification cards
• Maintain Service, Medical, and Dental Records
• Effect decisions of NMCCA, CAAF, USSC as
  directed by JAG
• Effect clemency action as decided by NCPB
• Provide info as requested by Congress, DFAS,
  NCIS, etc.

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Appellate LeaveVoluntary/Request vs
Involuntary/Mandatory

• CA has not acted
• Punitive Discharge is adjudged
• Confinement is completed
• Requested by member

• CA has acted/directed
• Punitive Discharge is adjudged
• Confinement completed

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REMEMBER!!!
A member CANNOT be directed to involuntary
appellate leave until AFTER the Convening
Authority has acted. Again, Mandatory Appellate
Leave is imposed after the Convening Authority
acts only
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Appellant Entitlements

• MOST active duty benefits and privileges
• MGIB, Medical, Dental, PX, Commissary
• Exceptions to entitlements
• - No Space-A Travel
• - Appellants W/O dependents (INCONUS) do
  not rate final shipment of HHGs
• - Restricted to CONUS while on Appellate Leave

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The actual time taken at each level from
setencing to discharge

• Sentence Adjudged Date to CAs Action 6 months
• The goal is 90 days.
• - Appellant remains attached to Unit
• CAs Action to Completed Review (NOCAR) 14
• - Appellant should belong to NAMALA at this
  point
• and off the Units Rolls
• Continues to be entitled to Medical Benefits
• Continues to be subject to the UCMJ
• NOCAR to SCMO to DISCHARGE 1
• Average total delay to discharge 21
• Measured in months
• Based on OCT/NOV/DEC 03 Data

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APPELLATE PROCESS ANDPROCEDURES
SGT OXENDINE
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MARINE CORPS ORDER 1050.16A (under revision)

• Provides detailed instructions and information
  for all marines on appellate leave.
• Addresses the role of the Navy and Marine Corps
  Appellate Leave Activity (NAMALA).
• Note Address has changed

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COURT-MARTIAL TAKES PLACE AND REQUEST FOR
APPELLATE LEAVE IS INITIATED/RECEIVED
- Where do you Start ??? -Review MCO 1050.16_
The order can be found on the HQMC website
under orders/directives.
A link can
also be found on our website at
http//hqinet001.hqmc.usmc.mil/namala/ - Open a
case folder !!! Ensure a copy of all
documentation involving that Marine and his/her
court-martial are placed in that folder. -A
separation physical with HIV/DNA testing Ensure
that a physical is scheduled prior to the Marine
going to the Brig or on Appellate Leave. Note
Brig must take DNA for ALL QMO cases
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The Appellate Leave Checklist

• Where can I get one ? http//hqinet001.hqmc.usmc.
  mil/namala/
• Fill out completely. Do not Pencil Whip the
  Sections.
• Ensure that the checklist is reviewed by a SNCO
  before it is mailed out to NAMALA.
• This checklist will help us contact the
  appropriate POC if we need more information. The
  alternative is having the record sent back to
  you.
• Staple to the front of SRB

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APPROVAL FOR VOLUNTARY APPELLATE LEAVE IS
RECEIVED

• Schedule Marine for TAP class
• Issue a check-out sheet to the Marine
• Prepare page 11 entry to reflect
  acceptance/refusal of drug or alcohol treatment.

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VOLUNTARY APPELLATE LEAVE IS APPROVED

• Audit the SRB with the Marine present ensuring
  RED/SGLI are current
• Prepare or have prepared voluntary appellate
  leave orders.

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UPON RECEIPT OF VOLUNTARY APPELLATE LEAVE ORDERS

• Appellant must surrender their ID cards. ID card
  will be reissued with an expiration date 6 months
  from date of departure. Then at 3 months
  intervals until discharged.
• Note Marines requiring DNA will not be
  re-issued an ID until completed
• Retrieve check-out sheet and the appellants
  OIC/SNCOIC must retrieve all uniforms and 782
  gear per MCO P10120.28
• Ensure all time lost, To/From conf, To/From UA
  entries, reduction, and court-martial fines are
  run prior to running the To Apl Lv entry.
• Make sure all entries post
• NOTE Do not run the to app lv entry on the
  same diary. MCAAT checks this so it is key not
  to mess this up!

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Appellant Pay Entitlements

• Separation/Travel Pay Certificate
  (NAVMC 11060)
• Voluntary Appellate Leave
• Charged accrued leave until leave is exhausted.
• Involuntary Appellate Leave
• Payment for accrued leave commences a day prior
  to Invol leave.

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• Have the Marine endorse the Voluntary Appellate
  Leave orders prior to departing.
• Run to app lv entry (annotate of days accrued
  leave rounded up to nearest whole ).
• TTC 061 001 TO APL LV (___)RUC___
• MCTFSPRIM 7-48
• NOTE Review the Appellate Leave Checklist to and
  make sure there is nothing left to do prior to
  running this entry!

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TOP 10 HIT LIST

• No cell phone numbers, or PO Boxes (Complete
  address)
• SGLI witnessed and signed/dated by member
• RED is signed/dated and witnessed
• NAVMC 11060 has been signed
• Rank reduction has been ran
• To appellate leave has been ran
• Make sure strength cat is G and Duty Stat is
  L
• Commands are sending MBRs on InVoluntary before
  the CA has acted.

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CONVENING AUTHORITYS ACTION
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UPON RECEIPT OF CAS ACTION (COURT-MARTIAL ORDER)

• If Marine is on Voluntary Appellate Leave
• Enclosure (3) of MCO 1050.16_Notification of
  Assignment to Involuntary Appellate Leave is
  drawn and mailed to Appellant.
• Note Orders must be dated after CAs action.
• If Marine is NOT on Voluntary Appellate Leave
• Enclosure (4) of MCO 1050.16_ Involuntary
  Appellate Leave/Transfer by Service Record
  Orders.
• CAs action duplicate original is filed on
  document side of SRB/OQR.
• Prepare page 13 (copy made to CMC (MMSB).

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IMPACT OF DELAYS

• Lost Record of Trial Could result in CM being
  set aside or reduced sentence
• CM set aside Pay and allowances restored, Pay
  grade restored, all fines and forfeitures
  restored, potential return to active duty,
  potential retirement (all Appellate Leave counts
  towards retirement)

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REDUCING DELAYS

• TRACK POST TRIAL PROCESS
• Completion of CAs Action
• SEPARATIONS PHYSICALS
• Try and obtain while mbrs confined!
• Missing records, HIV Test, Level III, DNA

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REDUCING DELAYS

• AUDIT OF RECORDS
• Service Record closed out properly (IAW the IRAM)
• Microfiche ordered and new record created if lost
• Follow Appellate Leave Checklists before mailing
• DNA Sample taken annotated in Service Record
  (Ref SecNav Notice 5800)
• Sex Offender Registration Form in Service Record!
  (SecNavInst 5800.14E)

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DEATH OF AN APPELLANT
- Case is set aside (in most cases). Family
entitled to all pay and allowances - Once the
decision has been made, NAMALA will send the
record back to their former commands for
restoration and drop/deceased entries. The unit
will then mail the record to the Casualty
Branch. - NAMALA will send out initial PCR,
former cmds responsible for sending out message
on result of investigation.
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FILING RECORD BOOKS

• ON DOCUMENT SIDE
• CAs action on top
• Voluntary/Involuntary and/or Notification to
  Invol Orders
• Miscellaneous court docs.
• ON STANDART SIDE
• Separation/Travel Pay Certificate (NAVMC 11060)
• Record of Conviction by Court Martial ( Page 13)
• Page 3 closed out
• SGLI/RED signed and witnessed
• Forward SRB/OQR and health/dental record to
  NAMALA.
• After 2 weeks, Contact NAMALA for receipt of
  record books

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UPON RECEIPT OF SUPPLEMENTAL COURT-MARTIAL
ORDERS/SUPERVISORY AUTHORITY ACTION (DISCHARGE
AUTHORITY)
VIA- NOCAR If your command failed to send the
record after the CA acted and before the Court of
Criminal Appeals has completed appellate review
your Command will be responsible for completing
the discharge. Be sure to contact NAMALA if you
have any questions or require assistance. DO
NOT SEND THE PAPERWORK AND RECORD BACK TO NAMALA.
WE WILL ONLY SEND IT BACK TO YOU FOR ACTION.
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NAMALA POC INFORMATION
Commanding Officer CDR Rhoades
685-0101 Executive Officer Capt Baker
685-0102 SNCOIC GySgt Gibbs
685-0103 PersChf Sgt Oxendine
685-0124 LPO PN2 Maraghy
685-0111 CLERKS Sgt Sowell 433-2006
Cpl Fobanjong 685-0134 AM1
Will 685-0104
PNSN Zoller 685-0108 Ms. West
685-0112
Mrs. Tucker 685-0100 Ms. McKinney
685-0100 Area Code (202) DSN
325 Fax [phone] Email We are on the
global, check properties before sending
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• ADDRESS Commanding Officer
• Navy and Marine Corps Appellate Leave
  Activity
• 716 Sicard Street SE Room 46
• Washington, DC 20374-5086
• MSG PLAD RULSNDT NAMALA (DMS)
• NAMALA WASHINGTON DC (MDS)

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NAVY MARINE CORPS APPELLATE LEAVE ACTIVITY
(NAMALA
Paleaqua A Trico Separabitur- THE CHAFF WILL BE
SEPARATED FROM THE WHEAT.
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QUESTIONS??