Which statement about conclusions included in GCM pretrial advice is accurate?

Which statement about conclusions included in GCM pretrial advice is accurate?

• A. The conclusion must state there is no probable cause
• B. The conclusions must include whether each spec alleges an offense, whether there is probable cause to believe the ACC committed the offense, and whether a CM would have jurisdiction
• C. The conclusions include only the form of charges
• D. The conclusions include only the recommended disposition

Answer: (B)

The essential idea here is that GCM pretrial advice must assess, for every specification, three things: whether the specification actually alleges an offense, whether there is probable cause to believe the accused committed that offense, and whether a court-martial would have jurisdiction over the matter. This comprehensive review helps the convening authority decide which charges to refer and ensures the referral is legally sound. If you only discussed the form of charges or only the disposition, you’d miss whether the charges themselves are legally supportable and whether the court-martial has authority to hear them. In practice, conclusions that for each specification spell out the offense allegation, probable cause, and jurisdiction provide the full, necessary foundation for referral decisions.

The essential idea here is that GCM pretrial advice must assess, for every specification, three things: whether the specification actually alleges an offense, whether there is probable cause to believe the accused committed that offense, and whether a court-martial would have jurisdiction over the matter. This comprehensive review helps the convening authority decide which charges to refer and ensures the referral is legally sound. If you only discussed the form of charges or only the disposition, you’d miss whether the charges themselves are legally supportable and whether the court-martial has authority to hear them. In practice, conclusions that for each specification spell out the offense allegation, probable cause, and jurisdiction provide the full, necessary foundation for referral decisions.