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 130.66
Review by the governor
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.66. Review by the governor. (a) The governor shall review the
record in all cases reviewed by a board of military review and approved
by the adjutant general in which, upon petition of the accused and on
good cause shown, the governor grants such review.

(b) The accused may petition the governor for a review of a decision
of the board of military review within sixty days from the earlier of:

(1) the date on which the accused is notified of the decision of the
board of military review and the approval of the adjutant general; or

(2) the date on which a copy of the decision of the board of military
review and the approval of the adjutant general, after being served on
counsel of record for the accused (if any), is deposited in the United
States mail for delivery by first class, certified mail to the accused,
at an address provided by the accused or, if no such address has been
provided by the accused, at the latest address listed for the accused in
his official service record.

(c) In any case reviewed by him, the governor may act only with
respect to the findings and sentences as approved by the convening
authority and as affirmed or set aside as incorrect in law by the board
of military review. He may affirm only such findings of guilty in the
sentence or such part or amount of the sentence, as he finds correct in
law and fact and determines, on the basis of the entire record, should
be approved. In considering the record, he may weigh the evidence, judge
the credibility of witnesses, and determine controverted questions of
fact, recognizing that the trial court saw and heard the witnesses. If
the governor sets aside the findings and sentence, he may, except where
the setting aside is based on lack of sufficient evidence in the record
to support the findings, order a rehearing. If he sets aside the
findings and sentence, and does not order a rehearing, he shall order
that the charges be dismissed. If the governor has ordered a rehearing,
but the convening authority finds a rehearing impracticable, he may
dismiss the charges.