What are The Wheeler Factors

Among the matters you should consider are: [appropriate selections may be made from the following list]

1. The accused’s age.
2. The accused’s good military character as evidenced by Defense Exhibit(s) _____ and the testimony of _______.
3. The accused’s record in the service for good conduct.
4. The prior honorable discharge(s) of the accused.
5. The combat record of the accused.
6. The duration of the accused’s pretrial restriction from ___ through ____.
7. The duration of the accused’s pretrial confinement from ___ through ____. The law does not require that you use any specific formula in considering such pretrial confinement, but it does require that you consider such pretrial confinement and give it the weight you deem appropriate.
8. The accused’s education which includes _________.
9. That the accused is a graduate of the following schools: ___.
10. That the accused’s enlisted evaluations indicate: ___.
11. That the accused is entitled to wear the following medals and awards:
12. The nature of the offense(s) of which the accused has been convicted.
13. Prosecution Exhibit(s) ____; Defense Exhibit(s) ____; and the testimony of the witnesses, including character witnesses heard before findings.
14. The accused’s (testimony prior to findings being entered and) (his) (testimony) (unsworn statement) (and expression of his desire to remain in the naval service) (made during the sentencing portion of trial).