[§124A-94]  Reconsideration and revision. (a)  If a specification before a court-martial has been dismissed on motion andthe ruling does not amount to a finding of not guilty, the convening authoritymay return the record to the court for reconsideration of the ruling and anyfurther appropriate action.

(b)  Where there is an apparent error oromission in the record or where the record shows improper or inconsistentaction by a court-martial with respect to a finding or sentence which can berectified without material prejudice to the substantial rights of the accused,the convening authority may return the record to the court for appropriateaction.  In no case, however, may the record be returned:

(1)  For reconsideration of a finding of not guilty,or a ruling which amounts to a finding of not guilty;

(2)  For reconsideration of a finding of not guilty ofany charge, unless the record shows a finding of guilty under a specificationlaid under that charge, which sufficiently alleges a violation of some sectionof this chapter; or

(3)  For increasing the severity of the sentenceunless the sentence prescribed for the offense is mandatory. [L 1982, c 171, ptof §2]