DD Form 458, Charge Sheet
PERSONAL DATA
The first section of the charge sheet contains personal information concerning the accused. This information is generally found in the personnel file of the accused. During the preliminary investigation, you should have reviewed the personnel file before deciding the disposition of the case. The accused's grade or rank is the military title (PFC in the sample), and the pay grade is the numeric designation (E3). The initial date of the accused's current service is the date of his latest enlistment.
WITNESSES
Each witness must be contacted to determine availability during the next 90 days. You should request that an administrative hold be placed on the witness. Failure to take this action may result in the loss of an essential witness who will not return to testify or who will return only at great expense to the government.
RESTRAINT
Block 8 should indicate the nature of restraint of the accused, listing all types of restraint imposed. Block 9 specifies the duration of and any changes in the restraint, for example--
- Restriction, 1-10 August 1989.
- Pretrial Confinement, 11 August 1989.
CHARGES AND SPECIFICATIONS
The charge merely indicates the article of the UCMJ that was violated. The specification under the charge states the facts and circumstances that constitute a violation of that article.
A single charge may include more than one specification; if it does, number them with arabic numerals. The specification must be written so that it clearly advises the accused of the date, time, place, elements, and circumstances of the alleged offense. A specification which fails to allege every essential element of the offense charged is fatally defective. If a model specification is not available for a particular offense, do not attempt to create one--see your SJA.
Elements Of The Offense
Part IV of the MCM discusses the punitive articles of the UCMJ. These punitive articles are the bases for charges and specifications. Subparagraph b of each paragraph in Part IV outlines the elements of the offense which are important both in recognizing criminal conduct and in drafting a clear, complete specification. A carefully prepared specification will include each of these elements.
Model Specifications
When drafting specifications, use the model fill-in-the-blank specifications in MCM, Part IV. These specifications are legally correct. You should address any questions regarding proper wording to the SJA office. The paragraphs in Part IV also outline other information useful in drafting specifications.
Legal Advice
Do not alter the words in a model specification without advice from the SJA office. Seek legal advice regarding any question on the selection or drafting of a specification. The designated trial counsel for the unit or the military justice division chief, who is the principal assistant of the SJA in all matters pertaining to the administration of military justice, should provide the legal advice.
PREFERRAL OF CHARGES
Usually you sign the charge sheet as the accuser; however, any person subject to the UCMJ may be an accuser. A superior authority may not order anyone to prefer charges to which he cannot truthfully make the required oath. The signing of the charge sheet by the accuser must be done in the presence of a commissioned officer authorized to administer oaths. (See UCMJ, Article 136.) The accuser must take the oath described on the bottom of the front page of the charge sheet. This act is called the referral of charges.
NOTIFICATION TO THE ACCUSED
After the charges have been preferred, you or your representative must inform the accused of the charges and specifications and who preferred the charges. The notification should normally occur on the same day as the preferral of charges. You then complete the certificate in block 12 of the charge sheet. The accused must be informed of the charges by this formal act. You may have previously told the accused that you intended to bring charges or that you were investigating possible charges; merely having done so does not satisfy this requirement. Later, after the charges have been referred to trial, the trial counsel will give a copy of the charge sheet to the accused and sign the certificate (block 15).
RECEIPT AND REFERRAL OF CHARGES
Upon receipt of all necessary copies of the charge sheet and allied papers, the summary court- martial convening authority or a representative will sign the receipt of charges in block 13. The appropriate court-martial convening authority will refer the charges to a specific court-martial for trial and complete Section V of the charge sheet.
TRANSMITTAL OF CHARGES
As the company commander, you prepare and forward other documents with the copies of the charge sheet. These should be hand-carried to the commander exercising summary court-martial jurisdiction. (See MCM, R.C.M. 401(c)(2).)
Letter Of Transmittal
Use a letter of transmittal to forward the charge sheet and allied papers to the court-martial convening authority. The letter is usually a local form containing information about the accused and your recommendation for disposition of the charges. You must personally sign the letter of transmittal and attach one copy to each set of the charge sheet and allied papers. When recommending disposition of the charges, consider the nature of the offense, the personal history of the accused, and whether the accused should be eliminated from the service. Keep in mind that charges against an accused should be tried by the lowest court with power to adjudge an appropriate and adequate punishment.
Allied Papers
INVESTIGATIVE REPORTS
Forward all military police or CID reports of investigation related to the offense. If these investigative reports are not completed when you are ready to forward the charges, you should forward the charges with a statement that the reports will follow when they become available. You may forward initial and interim reports you receive with the charge sheet. Under no circumstances should you delay forwarding charges until completion of the final MP or CID reports.
WITNESS STATEMENTS
Available witness statements forwarded with the charge sheet may be sworn or unsworn. You may include summaries of expected testimony. While in most cases attaching written statements from all available witnesses is best, delaying forwarding charges to obtain them is not necessary. You may attach handwritten statements to the charges if typing causes an unnecessary delay.
DOCUMENTARY EVIDENCE
To safeguard documentary evidence, do not forward originals with the charge sheet; copies are sufficient. For example, if the case is based on a forged check, forwarding the original would risk loss in transmittal.
OTHER RECORDS
Include any records of the accused's previous convictions with the documentation, as well as personal evaluation sheets. Personal evaluations are often recorded on local forms and include information about the accused's military record and your evaluation of the accused's conduct and efficiency.
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