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SECTION 130.60
Action by the convening authority
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.60. Action by the convening authority. (a) The findings and
sentence of a court-martial shall be reported promptly to the convening
authority after the announcement of the sentence.

(b) (1) Within thirty days after the sentence of a general
court-martial or of a special court-martial which has adjudged a
bad-conduct discharge has been announced, the accused may submit to the
convening authority matters for consideration by the convening authority
with respect to the findings and the sentence. In the case of all other
special courts-martial, the accused may make such a submission to the
convening authority within twenty days after the sentence is announced.
In the case of all summary courts-martial the accused may make such a
submission to the convening authority within seven days after the
sentence is announced. If the accused shows that additional time is
required for the accused to submit such matters, the convening authority
or other person taking action under this section, for a good cause, may
extend the period:

(A) in the case of a general court-martial or a special court-martial
which has adjudged a bad-conduct discharge, for not more than an
additional twenty days; and

(B) in the case of all other courts-martial, for not more than an
additional ten days.

(2) In a summary court-martial case the accused shall be promptly
provided a copy of the record of trial for use in preparing a submission
authorized by paragraph one of this subdivision.

(3) In no event shall the accused in any general or special
court-martial case have less than a seven-day period from the day on
which a copy of the authenticated record of trial has been given to him
within which to make a submission under paragraph one of this
subdivision. The convening authority or other person taking action on
the case, for good cause, may extend this period for up to an additional
ten days.

(4) The accused may waive his right to make a submission to the
convening authority under paragraph one of this subdivision. Such a
waiver must be made in writing and may not be revoked. For the purposes
of paragraph two of subdivision (c) of this section, the time within
which the accused may make a submission under this subdivision shall be
deemed to have expired upon the submission of such a waiver to the
convening authority.

(c) (1) The authority under this section to modify the findings and
sentence of a court-martial is a matter of command prerogative involving
the sole discretion of the convening authority. Under regulations of the
adjutant general, a commissioned officer commanding for the time being,
a successor in command, or any person exercising general court-martial
jurisdiction may act under this section in place of the convening
authority.

(2) Action on the sentence of a court-martial shall be taken by the
convening authority or by another person authorized to act under this
section. Subject to regulations of the adjutant general, such action may
be taken only after consideration of any matters submitted by the
accused under subdivision (b) of this section and, if applicable, under
subdivision (d) of this section, or after the time for submitting such
matters expires, whichever is earlier. The convening authority or other
person taking such action, in his 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
authority or other person acting on the sentence is not required.
However, such person, in his 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 to a
finding of guilty to an offense that is a lesser included offense of the
offense stated in the charge or specification.

(d) Before acting under this section on any general court-martial case
or any special court-martial case that includes a bad-conduct discharge
or any court-martial case which includes a sentence of confinement, the
convening authority or other person taking action under this section
shall obtain and consider the written recommendation of the staff judge
advocate or legal officer. The convening authority or other person
taking action under this section shall refer the record of trial to his
staff judge advocate or legal officer, and the staff judge advocate or
legal officer shall use such record in the preparation of his
recommendation. The recommendation of the staff judge advocate or legal
officer shall include such matters as the adjutant general may prescribe
by regulations and shall be served on the accused, who shall have five
days from the date of receipt in which to submit any matter in response.
The convening authority or other person taking action under this
section, for good cause, may extend that period for up to an additional
twenty days. Failure to object in the response to the recommendation or
to any matter attached to the recommendation waives the right to object
thereto.

(e) (1) The convening authority or other person taking action under
this section, in his sole discretion, may order a proceeding in revision
or a rehearing.

(2) A proceeding in revision may be ordered if there is an apparent
error or omission in the record or if the record shows improper or
inconsistent action by a court-martial with respect to the findings or
sentence that can be rectified without material prejudice to the
substantial 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
ruling which amounts to a finding of not guilty;

(B) reconsider a finding of not guilty of any charge, unless there has
been 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.

(3) A rehearing may be ordered by the convening authority or other
person taking action under this section if he disapproves the findings
and sentence and states the reasons for disapproval of the findings. If
such person disapproves the findings and sentence and does not order a
rehearing, he shall dismiss the charges. A rehearing as to the findings
may not be ordered where there is a lack of sufficient evidence in the
record to support the findings. A rehearing as to the sentence may be
ordered if the convening authority or other person taking action under
this subdivision disapproves the sentence.