[§124A-95]  Rehearings.  (a)  If theconvening authority disapproves the findings and sentence of a court-martial,the convening authority may, except where there is lack of sufficient evidencein the record to support the findings, order a rehearing.  In such a case theconvening authority shall state the reasons for disapproval.  If the conveningauthority 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 acourt-martial composed of members not members of the court-martial which firstheard the case.  Upon a rehearing the accused may not be tried for any offenseof which the accused was found not guilty by the first court-martial, and no sentencein excess of or more severe than the original sentence may be imposed, unlessthe sentence is based upon a finding of guilty of an offense not consideredupon the merits in the original proceedings, or unless the sentence prescribedfor the offense is mandatory. [L 1982, c 171, pt of §2; gen ch 1985]