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(a)
Each case in which there has been a finding of guilty that is not reviewed
under section 866 or 869(a) of this title (article
66 or 69(a)) shall
be reviewed by a judge advocate under regulations of the Secretary
concerned. A judge advocate may not review a case under this subsection
if he has acted in the same case as an accuser, investigating officer,
member of the court, military judge, or counsel or has otherwise acted
on behalf of the prosecution or defense. The judge advocate's review
shall be in writing and shall contain the following:
(1)
Conclusions at to whether--
(A)
the court had jurisdiction over the accused and the offense;
(B)
the charge and specification stated an offense; and
(C)
the sentence was within the limits prescribed as a matter of law.
(2)
A response to each allegation of error made in writing by the accused.
(3)
If the case is sent for action under subsection (b), a recommendation
as to the appropriate action to be taken and an opinion as to whether
corrective action is required as a matter of law.
(b)
The record of trial and related documents in each case reviewed under
subsection (a) shall be sent for action to the person exercising general
court-martial jurisdiction over the accused at the time the court was
convened (or to that person's successor in command) if--
(1)
the judge advocate who reviewed the case recommends corrective action;
(2)
the sentence approved under section 860(c) of this title (article
60(c)) extends to dismissal, a bad-conduct or dishonorable discharge,
or confinement for more than six months; or
(3)
such action is otherwise required by regulations of the Secretary
concerned.
(c)
(1)
The person to whom the record of trial and related documents are
sent under subsection (b) may--
(A)
disapprove or approve the findings or sentence, in whole or in
part;
(B)
remit, commute, or suspend the sentence in whole or in part;
(C)
except where the evidence was insufficient at the trial to support
the findings, order a rehearing on the findings, on the sentence,
or on both; or
(D)
dismiss the charges.
(2)
If a rehearing is ordered by the convening authority finds a rehearing
impracticable, he shall dismiss the charges.
(3)
If the opinion of the judge advocate in the judge advocate's review
under subsection (a) is that corrective action is required as a matter
of law and if the person required to take action under subsection
(b) does not take action that is at least as favorable to the accused
as that recommended by the judge advocate, the record of trial and
action thereon shall be sent to Judge Advocate General for review
under section 869(b) of this title (article
69(b)).
Next Article > ART.
65. DISPOSITION OF RECORDS
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