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



(b)  Where there is an apparent error or
omission in the record or where the record shows improper or inconsistent
action by a court-martial with respect to a finding or sentence which can be
rectified without material prejudice to the substantial rights of the accused,
the convening authority may return the record to the court for appropriate
action.  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 of
any charge, unless the record shows a finding of guilty under a specification
laid under that charge, which sufficiently alleges a violation of some section
of this chapter; or



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