EO 13262 Title 3--The President ceedings, including sidebar conferences, arguments, and rulings and in- structions by the military judge, should be recorded." g. The Discussion following R.C.M. 1001(b)(3)(A) is amended by adding the following at the end of the Discussion: "Whether a civilian conviction is admissible is left to the discretion of the military judge. As stated in the rule, a civilian "conviction" includes any disposition following an initial judicial determination or assumption of guilt regardless of the sentencing procedure and the final judgment fol- lowing probation or other sentence. Therefore, convictions may be admis- sible regardless of whether a court ultimately suspended judgment upon discharge of the accused following probation, permitted withdrawal of the guilty plea, or applies some other form of alternative sentencing. Addition- ally, the term "conviction" need not be taken to mean a final judgment of conviction and sentence." h. The sixth paragraph of the Discussion following R.C.M. 1003(b)(2) is amended to read as follows: "At a special court-martial, if a bad-conduct discharge and confinement are adjudged, then the operation of Article 5gb results in a forfeiture of two-thirds of pay only (not allowances) during that period of confinement. If only confinement is adjudged, and that confinement exceeds six months, then the operation of Article 5gb results in a forfeiture of two-thirds of pay only (not allowances) during the period of confinement. If only a bad con- duct discharge is adjudged, Article 5gb has no effect on pay.". i. The Discussion following R.C.M. \177003(b)(3) is amended by adding at the end the following paragraph: "Where the sentence adjudged at a special court-martial includes a fine, see R.C.M. \17707(d)(5) for limitations on convening authority action on the sentence." j. The Discussion following R.C.M. 1003(b)(g) is amended by adding the following at the end of the Discussion: "See Article 56a." k. The Discussion following R.C.M. 1003(c)(4) is amended by striking "R.C.M. \17707(d)(3)" and inserting "R.C.M. \17707(d)(4)." 1. The Discussion following R.C.M. 1006(c) is amended to read as follows: "A proposal should state completely each kind and, where appropriate, amount of authorized punishment proposed by that member. For example, a proposal of confinement for life would state whether it is with or without eligibility for parole. See R.C.M. 1003(b)." m. The second paragraph of the Discussion following R.C.M. l107(d)(l) is amended to read as follows: "When mitigating forfeitures, the duration and amounts of forfeiture may be changed as long as the total amount forfeited is not increased and nei- ther the amount nor duration of the forfeitures exceeds the jurisdiction of the court-martial. When mitigating confinement or hard labor without con- finement, the convening authority should use the equivalencies at R.C.M. 1003(b)(6) and (7), as appropriate. One form of punishment may be changed to a less severe punishment of a different nature, as long as the changed punishment is one that the court-martial could have adjudged. For example, a bad-conduct discharge adjudged by a special court-martial 220
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