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(a)
the findings and sentence of a court-martial shall be reported promptly
to the convening authority after the announcement of the sentence.
(b)
(1)
the accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence.
Except in a summary court-martial case, such a submission shall be
made within 10 days after the accused has been given an authenticated
record of trial and, if applicable, the recommendation of the staff
judge advocate or legal officer under subsection (d). In a summary
court-martial case, such submission shall be made within seven days
after the sentence is announced.
(2)
If the accused shows that additional time is required for the accused
to submit such matters, the convening authority or other person taking
action under this section, for good cause, may extend the applicable
period under paragraph (1) for not more than an additional 20 days.
(3)
In a summary court-martial case, the accused shall be promptly provided
a copy of the record of trial for use in preparing a submission authorized
by paragraph (1).
(4)
The accused may waive his right to make a submission to the convening
authority under paragraph (1). Such a waiver must be made in writing
and may not be revoked. For the purposes of subsection (c)(2), the
time within which the accused may make a submission under this subsection
shall be deemed to have expired upon the submission of such a waiver
to the convening authority.
(c)
(1)
The authority under this section to modify the findings and sentence
of a court-martial is a matter of command prerogative involving the
sole discretion of the convening authority. Under regulations of
the Secretary concerned, a commissioned officer commanding for the
time being, a successor in command, or any person exercising general
court-martial jurisdiction may act under this section in place of
the convening authority.
(2)
Action on the sentence of a court-martial shall be taken by the convening
authority or by another person authorized to act under this section.
Subject to regulations of the Secretary concerned, such action may
be taken only after consideration of any matters submitted by the
accused under subsection (b) or after the time for submitting such
matters expires, whichever is earlier. The convening authority or
other person taking such action, in his sole discretion, may approve,
disapprove, commute, or suspend the sentence in whole or in part.
(3)
Action on the findings of a court-martial by the convening authority
or other person acting on the sentence is not required. However,
such person, in his sole discretion, may--
(A)
dismiss any charge or specification by setting aside a finding
of guilty thereto; or
(B)
change a finding of guilty to a charge or specification to a finding
of guilty to an offense that is a lesser included offense of the
offense stated in the charge or specification.
(d)
Before acting under this section on any general court-martial case
or any special court-martial case that includes a bad-conduct discharge,
the convening authority or other person taking action under this section
shall obtain and consider the written recommendation of his staff judge
advocate or legal officer. The convening authority or other person
taking action under this section shall refer the record of trial to
his staff judge advocate or legal officer, and the staff judge advocate
or legal officer shall use such record in the preparation of his recommendation.
The recommendation of the staff judge advocate or legal officer shall
include such matters as the President may prescribe by regulation and
shall be served on the accused, who may submit any matter in response
under subsection (b). Failure to object in the response to the recommendation
or to any matter attached to the recommendation waives the right to
object thereto.
(e)
(1)
The convening authority or other person taking action under this
section, in his sole discretion, may order a proceeding in revision
or a rehearing.
(2)
A proceeding in revision may be ordered if there is an apparent error
or omission in the record or if the record shows improper or inconsistent
action by a court-martial with respect to the findings or sentence
that can be rectified without material prejudice to the substantial
rights of the accused. In no case, however, may a proceeding in revision--
(A)
reconsider a finding of not guilty of any specification or a ruling
which amounts to a finding of not guilty;
(B)
reconsider a finding of not guilty of any charge, unless there
has been a finding of guilty under a specification laid under that
charge, which sufficiently alleges a violation of some article
of this chapter; or
(C)
increase the severity of some article of the sentence unless the
sentence prescribed for the offense is mandatory.
(3)
A rehearing may be ordered by the convening authority or other person
taking action under this section if he disapproves the findings and
sentence and states the reasons for disapproval of the findings.
If such a person disapproves the findings and sentence and does not
order a rehearing, he shall dismiss the charges. A rehearing as to
the findings may not be ordered where there is a lack of sufficient
evidence in the record to support the findings. A rehearing as to
the sentence may be ordered if the convening authority or other person
taken action under this subsection disapproves the sentence.
Next Article > ART.
61. WAIVER OR WITHDRAWAL OF APPEAL
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