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This entry was published on 2014-09-22
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SECTION 130.69
Execution of sentence; suspension of sentence
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.69. Execution of sentence; suspension of sentence. (a) If in
the case of a commissioned officer, the sentence of a court-martial
extends to dismissal, that part of the sentence providing for dismissal
may not be executed until approved by the adjutant general. In such a
case, the adjutant general may commute, remit, or suspend the sentence,
or any part of the sentence, as he sees fit.

(b) (1) If a sentence extends to dismissal, or a dishonorable or
bad-conduct discharge or any confinement and if the right of the accused
to appellate review is not waived, and an appeal is not withdrawn under
section 130.61 of this article, that part of the sentence extending to
dismissal, or a dishonorable or bad-conduct discharge or any confinement
may not be executed until there is a final judgment as to the legality
of the proceedings (and with respect to dismissal, approval under
subdivision (a) of this section). A judgment as to legality of the
proceedings is final in such cases when review is completed by the board
of military review with the approval of the adjutant general and:

(A) the time for the accused to file a petition for review by the
governor has expired and the accused has not filed a timely petition for
such review and the case is not otherwise under review by the governor;

(B) such a petition is rejected by the governor; or

(C) review is completed in accordance with the judgment of the
governor.

(2) If a sentence extends to dismissal or a dishonorable or
bad-conduct discharge or any confinement and if the right of the accused
to appellate review is waived, or an appeal is withdrawn, under section
130.61 of this article, that part of the sentence extending to dismissal
or a bad-conduct or dishonorable discharge or confinement may not be
executed until review of the case by a judge advocate (and any action on
that review) under section 130.63 of this article is completed. Any
other part of a court-martial sentence may be ordered executed by the
convening authority or other person acting on the case under section
130.60 of this article when approved by him under such section.

(c) The convening authority or other person acting on the case under
section 130.64 of this article may suspend the execution of sentence or
part thereof.