Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2916.(KCMJ Art. 60) Action by the convening authority.(a) The findings and sentence of a court-martial shall bereported promptly to the convening authority after the announcement of the sentence.
(b) (1) Within 30 days after announcement of the sentence of a generalcourt-martial or a special court-martial which has adjudged a bad-conductdischarge, the accused may submit to the convening authority matters forconsideration by the convening authority with respect to the findings andthe sentence. In the case of all other special courts-martial, the accusedmay make such a submission to the convening authority within 20 days afterthe sentence is announced. In the case of all summary courts-martial theaccused may make such a submission to the convening authority within sevendays after the sentence is announced.If the accused shows that additional time is required for the accused tosubmit such matters, the convening authority or other person taking actionunder this section, for good cause, may extend the period:
(A) In the case of a general court-martial or a special court-martialwhich has adjudged a bad-conduct discharge, for not more than an additional 20 days; and
(B) in the case of all other courts-martial, for not more than an additional 10 days.
(2) In a summary court-martial case, the accused shall be promptlyprovided a copy of the record of trial for use in preparing a submissionauthorized by subsection (b)(1).
(3) In no event shall the accused in any general or specialcourt-martial case have less than a seven-day period after the day on whicha copy of the authenticated record of trial has been given to the accusedwithin which to make a submission under subsection (b)(1). The conveningauthority or other person taking action on the case, for good cause, mayextend this period for up to anadditional 10 days.
(4) The accused may waive the accused's right to make a submission tothe convening authority under subsection (b)(1). Such a waiver must be madein writing and may not be revoked. For the purposes of subsection (c)(2),the time within which the accused may make a submission under thissubsection shall be deemed to have expired upon the submission of such awaiver to the convening authority.
(c) (1) The authority under this section to modify the findings andsentence of a court-martial is a matter of command prerogative involvingthe sole discretion of the convening authority. Under regulations of thegovernor, a commissioned officer commanding for the time being, a successorin command, or any person exercising general court-martial jurisdiction mayact under this section in place of the convening authority.
(2) Action on the sentence of a court-martial shall be taken by theconvening authority or by another person authorized to act under thissection. Subject to regulations of the governor, such action may be takenonly after consideration of any matters submitted by the accused undersubsection (b) and, if applicable, under subsection (d), or after the timefor submitting such mattersexpires, whichever is earlier. The convening authority or other persontaking such action, in such person's sole discretion, may approve,disapprove, commute or suspend the sentence in whole or in part.
(3) Action on the findings of a court-martial by the convening authorityor other person acting on the sentence is not required. However, suchperson, in such person's sole discretion, may:
(A) Dismiss any charge or specification by setting aside a finding of guilty thereto; or
(B) change a finding of guilty to a charge or specification by a findingof guilty to an offense that is a lesser-included offense of the offensestated in the charge or specification.
(d) Before acting under this section on any general court-martial caseor any special court-martial case that includes a bad-conduct discharge,the convening authority or other person taking action under this sectionshall obtain and consider the written recommendation of the staff judgeadvocate. The convening authority or other person taking action under thissection shall refer the record of trial to such person's staff judgeadvocate and the staff judge advocate shall use such record in thepreparation of the staff judge advocate's recommendation. Therecommendation of the staff judge advocate shall include such matters asthe governor may prescribe by regulation and shall be served on theaccused, who shall have five days from the date of receipt in which tosubmit any matter in response. The convening authority or other persontaking action under this section, for good cause, may extend that periodfor up to an additional 20 days. Failure to object in the response to therecommendation or to any matter attached to the recommendation waives theright to object thereto.
(e) (1) The convening authority or other person taking action underthis section, in such person's sole discretion, may order a proceeding inrevision or a rehearing.
(2) A proceeding in revision may be ordered if there is an apparenterror or omission in the record or if the record shows improper orinconsistent action by a court-martial with respect to the findings orsentence that can be rectified without material prejudice to thesubstantial rights of the accused. In no case, however, may a proceeding in revision:
(A) Reconsider a finding of not guilty of any specification or a rulingwhich amounts to a finding of not guilty;
(B) reconsider a finding of not guilty of any charge, unless there hasbeen a finding of guilty under a specification laid under that charge,which sufficiently alleges a violation of some article of this chapter; or
(C) increase the severity of some article of the sentence unless thesentence prescribed for the offense is mandatory.
(3) A rehearing may be ordered by the convening authority or otherperson taking action under this section if such person disapproval of thefindings and sentence and states the reasons for disapproval of thefindings. If such person disapproves the findings and sentence and does notorder a rehearing, such person shall dismiss the charges. A rehearing as tothe findings may not be ordered where there is a lack of sufficientevidence in the record to support the findings. A rehearing as to thesentence may be ordered if the convening authority or other person takingaction under this subsection disapproves the sentence.
Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2916.(KCMJ Art. 60) Action by the convening authority.(a) The findings and sentence of a court-martial shall bereported promptly to the convening authority after the announcement of the sentence.
(b) (1) Within 30 days after announcement of the sentence of a generalcourt-martial or a special court-martial which has adjudged a bad-conductdischarge, the accused may submit to the convening authority matters forconsideration by the convening authority with respect to the findings andthe sentence. In the case of all other special courts-martial, the accusedmay make such a submission to the convening authority within 20 days afterthe sentence is announced. In the case of all summary courts-martial theaccused may make such a submission to the convening authority within sevendays after the sentence is announced.If the accused shows that additional time is required for the accused tosubmit such matters, the convening authority or other person taking actionunder this section, for good cause, may extend the period:
(A) In the case of a general court-martial or a special court-martialwhich has adjudged a bad-conduct discharge, for not more than an additional 20 days; and
(B) in the case of all other courts-martial, for not more than an additional 10 days.
(2) In a summary court-martial case, the accused shall be promptlyprovided a copy of the record of trial for use in preparing a submissionauthorized by subsection (b)(1).
(3) In no event shall the accused in any general or specialcourt-martial case have less than a seven-day period after the day on whicha copy of the authenticated record of trial has been given to the accusedwithin which to make a submission under subsection (b)(1). The conveningauthority or other person taking action on the case, for good cause, mayextend this period for up to anadditional 10 days.
(4) The accused may waive the accused's right to make a submission tothe convening authority under subsection (b)(1). Such a waiver must be madein writing and may not be revoked. For the purposes of subsection (c)(2),the time within which the accused may make a submission under thissubsection shall be deemed to have expired upon the submission of such awaiver to the convening authority.
(c) (1) The authority under this section to modify the findings andsentence of a court-martial is a matter of command prerogative involvingthe sole discretion of the convening authority. Under regulations of thegovernor, a commissioned officer commanding for the time being, a successorin command, or any person exercising general court-martial jurisdiction mayact under this section in place of the convening authority.
(2) Action on the sentence of a court-martial shall be taken by theconvening authority or by another person authorized to act under thissection. Subject to regulations of the governor, such action may be takenonly after consideration of any matters submitted by the accused undersubsection (b) and, if applicable, under subsection (d), or after the timefor submitting such mattersexpires, whichever is earlier. The convening authority or other persontaking such action, in such person's sole discretion, may approve,disapprove, commute or suspend the sentence in whole or in part.
(3) Action on the findings of a court-martial by the convening authorityor other person acting on the sentence is not required. However, suchperson, in such person's sole discretion, may:
(A) Dismiss any charge or specification by setting aside a finding of guilty thereto; or
(B) change a finding of guilty to a charge or specification by a findingof guilty to an offense that is a lesser-included offense of the offensestated in the charge or specification.
(d) Before acting under this section on any general court-martial caseor any special court-martial case that includes a bad-conduct discharge,the convening authority or other person taking action under this sectionshall obtain and consider the written recommendation of the staff judgeadvocate. The convening authority or other person taking action under thissection shall refer the record of trial to such person's staff judgeadvocate and the staff judge advocate shall use such record in thepreparation of the staff judge advocate's recommendation. Therecommendation of the staff judge advocate shall include such matters asthe governor may prescribe by regulation and shall be served on theaccused, who shall have five days from the date of receipt in which tosubmit any matter in response. The convening authority or other persontaking action under this section, for good cause, may extend that periodfor up to an additional 20 days. Failure to object in the response to therecommendation or to any matter attached to the recommendation waives theright to object thereto.
(e) (1) The convening authority or other person taking action underthis section, in such person's sole discretion, may order a proceeding inrevision or a rehearing.
(2) A proceeding in revision may be ordered if there is an apparenterror or omission in the record or if the record shows improper orinconsistent action by a court-martial with respect to the findings orsentence that can be rectified without material prejudice to thesubstantial rights of the accused. In no case, however, may a proceeding in revision:
(A) Reconsider a finding of not guilty of any specification or a rulingwhich amounts to a finding of not guilty;
(B) reconsider a finding of not guilty of any charge, unless there hasbeen a finding of guilty under a specification laid under that charge,which sufficiently alleges a violation of some article of this chapter; or
(C) increase the severity of some article of the sentence unless thesentence prescribed for the offense is mandatory.
(3) A rehearing may be ordered by the convening authority or otherperson taking action under this section if such person disapproval of thefindings and sentence and states the reasons for disapproval of thefindings. If such person disapproves the findings and sentence and does notorder a rehearing, such person shall dismiss the charges. A rehearing as tothe findings may not be ordered where there is a lack of sufficientevidence in the record to support the findings. A rehearing as to thesentence may be ordered if the convening authority or other person takingaction under this subsection disapproves the sentence.
Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2916.(KCMJ Art. 60) Action by the convening authority.(a) The findings and sentence of a court-martial shall bereported promptly to the convening authority after the announcement of the sentence.
(b) (1) Within 30 days after announcement of the sentence of a generalcourt-martial or a special court-martial which has adjudged a bad-conductdischarge, the accused may submit to the convening authority matters forconsideration by the convening authority with respect to the findings andthe sentence. In the case of all other special courts-martial, the accusedmay make such a submission to the convening authority within 20 days afterthe sentence is announced. In the case of all summary courts-martial theaccused may make such a submission to the convening authority within sevendays after the sentence is announced.If the accused shows that additional time is required for the accused tosubmit such matters, the convening authority or other person taking actionunder this section, for good cause, may extend the period:
(A) In the case of a general court-martial or a special court-martialwhich has adjudged a bad-conduct discharge, for not more than an additional 20 days; and
(B) in the case of all other courts-martial, for not more than an additional 10 days.
(2) In a summary court-martial case, the accused shall be promptlyprovided a copy of the record of trial for use in preparing a submissionauthorized by subsection (b)(1).
(3) In no event shall the accused in any general or specialcourt-martial case have less than a seven-day period after the day on whicha copy of the authenticated record of trial has been given to the accusedwithin which to make a submission under subsection (b)(1). The conveningauthority or other person taking action on the case, for good cause, mayextend this period for up to anadditional 10 days.
(4) The accused may waive the accused's right to make a submission tothe convening authority under subsection (b)(1). Such a waiver must be madein writing and may not be revoked. For the purposes of subsection (c)(2),the time within which the accused may make a submission under thissubsection shall be deemed to have expired upon the submission of such awaiver to the convening authority.
(c) (1) The authority under this section to modify the findings andsentence of a court-martial is a matter of command prerogative involvingthe sole discretion of the convening authority. Under regulations of thegovernor, a commissioned officer commanding for the time being, a successorin command, or any person exercising general court-martial jurisdiction mayact under this section in place of the convening authority.
(2) Action on the sentence of a court-martial shall be taken by theconvening authority or by another person authorized to act under thissection. Subject to regulations of the governor, such action may be takenonly after consideration of any matters submitted by the accused undersubsection (b) and, if applicable, under subsection (d), or after the timefor submitting such mattersexpires, whichever is earlier. The convening authority or other persontaking such action, in such person's sole discretion, may approve,disapprove, commute or suspend the sentence in whole or in part.
(3) Action on the findings of a court-martial by the convening authorityor other person acting on the sentence is not required. However, suchperson, in such person's sole discretion, may:
(A) Dismiss any charge or specification by setting aside a finding of guilty thereto; or
(B) change a finding of guilty to a charge or specification by a findingof guilty to an offense that is a lesser-included offense of the offensestated in the charge or specification.
(d) Before acting under this section on any general court-martial caseor any special court-martial case that includes a bad-conduct discharge,the convening authority or other person taking action under this sectionshall obtain and consider the written recommendation of the staff judgeadvocate. The convening authority or other person taking action under thissection shall refer the record of trial to such person's staff judgeadvocate and the staff judge advocate shall use such record in thepreparation of the staff judge advocate's recommendation. Therecommendation of the staff judge advocate shall include such matters asthe governor may prescribe by regulation and shall be served on theaccused, who shall have five days from the date of receipt in which tosubmit any matter in response. The convening authority or other persontaking action under this section, for good cause, may extend that periodfor up to an additional 20 days. Failure to object in the response to therecommendation or to any matter attached to the recommendation waives theright to object thereto.
(e) (1) The convening authority or other person taking action underthis section, in such person's sole discretion, may order a proceeding inrevision or a rehearing.
(2) A proceeding in revision may be ordered if there is an apparenterror or omission in the record or if the record shows improper orinconsistent action by a court-martial with respect to the findings orsentence that can be rectified without material prejudice to thesubstantial rights of the accused. In no case, however, may a proceeding in revision:
(A) Reconsider a finding of not guilty of any specification or a rulingwhich amounts to a finding of not guilty;
(B) reconsider a finding of not guilty of any charge, unless there hasbeen a finding of guilty under a specification laid under that charge,which sufficiently alleges a violation of some article of this chapter; or
(C) increase the severity of some article of the sentence unless thesentence prescribed for the offense is mandatory.
(3) A rehearing may be ordered by the convening authority or otherperson taking action under this section if such person disapproval of thefindings and sentence and states the reasons for disapproval of thefindings. If such person disapproves the findings and sentence and does notorder a rehearing, such person shall dismiss the charges. A rehearing as tothe findings may not be ordered where there is a lack of sufficientevidence in the record to support the findings. A rehearing as to thesentence may be ordered if the convening authority or other person takingaction under this subsection disapproves the sentence.
