§950b Review by the convening authority

Summary

A military commission must send its written findings and the sentence to the convening authority right after the sentence is announced. The accused can give the convening authority things to consider about the findings or sentence. Those submissions must be in writing within 20 days after the accused gets an authenticated record of trial under section 949o(c). The convening authority can extend that deadline for good cause for up to another 20 days. The accused can also waive the right to submit matters in writing and cannot take that waiver back. The convening authority alone decides whether to change findings or the sentence. The authority does not have to act on findings, but if it does it may only dismiss a charge or reduce a guilty finding to a lesser included offense. The convening authority must act on the sentence after looking at any submissions or after the submission time ends. It may approve, disapprove, commute, or suspend the sentence in whole or in part, but it may not increase the sentence. The accused or defense counsel must be told of any action. The convening authority may also order a revision or a rehearing in limited cases: revisions fix record errors or correct improper or inconsistent action that does not harm the accused’s rights, and may not undo not-guilty findings or raise a sentence unless it is mandatory; a rehearing can be ordered if the convening authority disapproves the findings and gives reasons, but not if the record lacks enough evidence to support the findings.