Defense and national security

Executive Order 13468: 2008 Amendments to the Manual for Courts-Martial, United States

President: George W. Bush

Amended courts-martial procedure and offenses with a 30-day transition period.

Status: In effect. Is Executive Order 13468 still in effect? Yes. Executive Order 13468 remains in effect. See Federal Register record.

What does Executive Order 13468 do?

Parts II and IV were changed through the annex, effective 30 days after July 24, 2008; existing proceedings and acts were protected by transition clauses. The Library of Congress describes the 2012 Manual as incorporating EO 13468 among earlier amendments.

Administration position: Amended courts-martial procedure and offenses with a 30-day transition period.
SignedJuly 24, 2008
Earlier frameworkEO 12473 and subsequent orders prescribed the Manual for Courts-Martial under the UCMJ.
Responsible bodyMilitary justice authorities
Follow-up evidence2012: The Library of Congress describes the 2012 Manual as incorporating EO 13468 among earlier amendments.

Before and after

Before the order

EO 12473 and subsequent orders prescribed the Manual for Courts-Martial under the UCMJ.

After the order

Parts II and IV were changed through the annex, effective 30 days after July 24, 2008; existing proceedings and acts were protected by transition clauses.

The Library of Congress describes the 2012 Manual as incorporating EO 13468 among earlier amendments.

What did the signed order change?

EO 12473 and subsequent orders prescribed the Manual for Courts-Martial under the UCMJ. Parts II and IV were changed through the annex, effective 30 days after July 24, 2008; existing proceedings and acts were protected by transition clauses.

What happened later?

Library of Congress — 2012 Manual for Courts-Martial: The Library of Congress describes the 2012 Manual as incorporating EO 13468 among earlier amendments.

What does that evidence establish?

No pre-effective-date act becomes newly punishable under this order. Later amendments and statutory changes may govern current cases. A later manual is not evidence of the disposition of an individual prosecution. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Commander directing an Article 32 investigationMay restrict spectator access only for an overriding interest, using narrowly tailored closure when no lesser protection suffices; assess the need case by case and record specific factual findings in the investigating officer’s report.Amendments effective 30 days after July 24, 2008; findings when closure is considered.
Article 32 investigating officerApply the same closure safeguards when restricting spectator access and include supporting written findings in the investigation report.When closing all or part of a covered hearing.
Trial counselCause preparation of the original record for general and special courts-martial requiring a verbatim transcript and Article 66 review.During preparation of the trial record; written transcripts or summaries before forwarding, unless military exigencies prevent transcription.
Military judge or other authorized record authenticatorAuthenticate the record only when satisfied it accurately reports proceedings; an electronic signature may authenticate an electronic record.On authentication of the trial record.
Staff judge advocate or legal officerUse the trial record to prepare a concise written recommendation for the convening authority; provide results, sentence and confinement credit, pretrial agreement, any sentencing-authority clemency recommendation, and the officer’s own recommendation.Before the convening authority decides what action to take on the sentence.
Secretary concernedThe self-executing discharge procedure depends on regulations prescribed by the Secretary concerned; it is available only after final judgment and the required confinement, leave, and certification conditions.Following final judgment and satisfaction of all specified conditions; no fixed deadline.
Official certifying finality of a discharge caseCertify finality and forward the certification to the accused’s personnel office for preparation of the final discharge order and certificate.Upon completion of the certification.
Accused’s personnel officePrepare the final discharge order and certificate from the discharge approval and certification when the self-executing procedure is used.After receiving the approval and finality certification.
Summary court-martialPrepare a written record, authenticate it by signature, and cause a copy to be served on the accused; electronic authentication and an electronic copy with a means of review are permitted.Serve the copy as soon as the record is authenticated.
Convening authoritySign action on the summary court-martial record; may use an electronic signature and may prescribe additional record requirements in the specified acquittal or termination cases.When taking action on the record.
Court-martial president or military judge sitting aloneShould announce the sentence using the revised forms, with appropriate modifications or combinations of lawful punishments.At sentencing in proceedings governed by the amendments.

What happened next

EO 13468 signed.