This is an attempted first look at how past DoN cases might fit as a covered offense under the FY22 NDAA. (Still working on some of the USMC.) I have done this only with publicly available information as if a member of the public were looking in.
So I took numbers from the Navy's publicly available Results of Trial--January to October 2021. I also took a different look using the NMCCA's Court Filings & Records.
BLUF: Almost 80% of Navy GCMs were for a covered offense, in which about 42% had a PTA. And about 26% resulted in an acquittal--according to the Navy Results of Trial reports. From the publicly available NMCCA Records of Trial for 2021 we find that about 35% of the GCM/SPCMs (across the Navy and USMC) received at NMCCA included a covered offense.
Some initial comments.
1. The information is presented differently, and incompletely, in two available sources, so I would caution about making decisions based on publicly available data only.
2. A looker would be making generalizations.
4. 5 of the member acquittals one month were in the same jurisdiction (Region Southeast--covering Jacksonville, Mayport, and Pensacola).
5. While an accused faired better on the merits with members, I did not see a significance between MJA and members for sentencing.
6. The records of trial require some understanding of the process. There are convictions simply listed as an Art. 134, and only when you review the records do you find those with a covered offense.
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law