[§124A-95]  Rehearings.  (a)  If the
convening authority disapproves the findings and sentence of a court-martial,
the convening authority may, except where there is lack of sufficient evidence
in the record to support the findings, order a rehearing.  In such a case the
convening authority shall state the reasons for disapproval.  If the convening
authority disapproves the findings and sentence and does not order a rehearing,
the convening authority shall dismiss the charges.



(b)  Each rehearing shall take place before a
court-martial composed of members not members of the court-martial which first
heard the case.  Upon a rehearing the accused may not be tried for any offense
of which the accused was found not guilty by the first court-martial, and no sentence
in excess of or more severe than the original sentence may be imposed, unless
the sentence is based upon a finding of guilty of an offense not considered
upon the merits in the original proceedings, or unless the sentence prescribed
for the offense is mandatory. [L 1982, c 171, pt of §2; gen ch 1985]