United States v. Bathory

DECISION

HOLTE, Judge:

The issue before this court is whether the general court-martial lacked jurisdiction to try the appellant because the officer exercising summary court-martial jurisdiction failed to complete section IV of DD Form 458, in that he did not record the hour and date that the charges were received by him.

R.C.M. 403(a), which we note is not statutory, provides that the officer exercising summary court-martial jurisdiction over an accused shall cause the hour and date of receipt to be entered on the charge sheet immediately upon receipt of sworn charges. In the discussion of this…