NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: BCD, TF, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), being charged with the duty of ((investigating) (taking immediate steps to determine the proper disposition of) charges preferred against __________, a person accused of an offense under the Uniform Code of Military Justice) (__________), was, (at/on board— location), on or about __________, responsible for unnecessary delay in (investigating said charges) (determining the proper disposition of said charges (__________), in that (he) (she) (did __________) (failed to __________) (__________).
c. ELEMENTS:
(1) That the accused was charged with the duty of (state the duty alleged) in connection with the disposition of the case of (state the name of the person alleged), a person accused of an offense under the Uniform Code of Military Justice;
(2) That the accused knew that (he) (she) was charged with this duty;
(3) That (state the time and place alleged), delay occurred in the disposition of the case;
(4) That the accused was responsible for the delay; and
(5) That, under the circumstances, the delay was unnecessary.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A person may be responsible for delay in the disposition of a case only when that person’s duties require action with respect to the disposition of the case.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. Instruction 5-5, Causation, may be applicable.