§860b Art. 60b. Post-trial actions in summary courts-martial and certain general and special courts-martial

Summary

The person who sent the case to court (the convening authority) can change or cancel results in most courts-martial. They can throw out charges, lower a guilty finding to a lesser offense, throw out the findings and sentence and dismiss the case, order a new trial on findings and sentence, reduce or suspend the sentence, or order a new hearing just on the sentence. In a summary court-martial, the convening authority must either approve the sentence or do one of those things. Normally these actions must happen before the official judgment is entered. In general or special courts, the convening authority can act after judgment in certain ways, but must send the action to the chief trial judge, who will update the official record and forward it to the Judge Advocate General. Other officers named in the rules can act instead of the convening authority. The convening authority cannot order a rehearing if the record has not enough evidence, or to retry anything already found not guilty. A not-guilty charge can be reopened only if there is a guilty specification under that charge that clearly alleges an offense. The convening authority must consider written statements from the accused and any victims. Decisions must go to the military judge with copies to the accused and victims. If the convening authority changes findings or the sentence, they must give a written explanation of why.