Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 130.63
Review by a judge advocate
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.63. Review by a judge advocate. (a) Each case in which there
has been a finding of guilt that is not reviewed under section 130.65 or
130.68 of this article shall be reviewed by a judge advocate under
regulations of the adjutant general. A judge advocate may not review a
case under this subdivision if he has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or
counsel or has otherwise acted on behalf of the prosecution or defense.
The judge advocate's review shall be in writing and shall contain the
following:

(1) Conclusions as to whether:

(A) the court had jurisdiction over the accused and the offense;

(B) the charge and specification stated an offense; and

(C) the sentence was within the limits prescribed as a matter of law.

(2) A response to each allegation of error made in writing by the
accused.

(3) If the case is sent for action under subdivision (b) of this
section, a recommendation as to the appropriate action to be taken and
an opinion as to whether corrective action is required as a matter of
law.

(b) The record of trial and related documents in each case reviewed
under subdivision (a) of this section shall be sent for action to the
person exercising general court-martial jurisdiction over the accused at
the time the court was convened (or to that person's successor in
command) if:

(1) the judge advocate who reviewed the case recommends corrective
action;

(2) the sentence approved under subdivision (c) of section 130.60 of
this article extends to dismissal, a bad-conduct or dishonorable
discharge or any confinement; or

(3) such action is otherwise required by regulations of the adjutant
general.

(c) (1) The person to whom the record of trial and related documents
are sent under subdivision (b) of this section may:

(A) disapprove or approve the findings or sentence, in whole or in
part;

(B) remit, commute, or suspend the sentence in whole or in part;

(C) except where the evidence was insufficient at the trial to support
the findings, order a rehearing on the findings, on the sentence, or on
both; or

(D) dismiss the charges.

(2) If a rehearing is ordered but the convening authority finds a
rehearing impracticable, he shall dismiss the charges.

(3) If the opinion of the judge advocate's review under subdivision
(a) of this section is that corrective action is required as a matter of
law and if the person required to take action under subdivision (b) of
this section does not take action that is at least as favorable to the
accused as that recommended by the judge advocate, the record of trial
and action thereon shall be sent to the state judge advocate for review
under section 130.68 of this article.