United States v. Settle

The appellant1 submits two related errors: the first alleges that the record fails to show the accused was served with copies of the staff judge advocate’s recommendation and its addendum, and the second urges that the convening authority failed to consider defense submissions before taking action. We find merit in neither.

Sentence in this case was adjudged after • the effective date of a change to R.C.M. 1106(f)(1). The rule now requires a copy of the staff judge advocate’s (SJA’s) post-trial recommendation to be served on the accused as well as the defense counsel. See Article 60(d), UCMJ,…