§860b Art. 60b. Post-trial Actions in Summary Courts-martial and Certain General and Special Courts-martial

Summary

A commander who sent a case to court-martial can change or cancel convictions and punishments in most trials. They can dismiss charges by erasing a guilty finding, reduce a conviction to a lesser offense, throw out findings and the sentence and drop the charges, order a new trial on findings or on the sentence, or shorten, suspend, or overturn the sentence. In a summary court-martial, the commander must either approve the sentence or use one of those options. The commander normally must act before the judgment is entered. As an exception, in general or special courts-martial the commander may act after judgment as allowed under section 860a(d)(2); those actions go to the chief trial judge to update the record and then to the Judge Advocate General. Other officers may act in place of the commander under the Secretary’s rules. A rehearing cannot be ordered if the record lacks enough evidence, or to reopen a not-guilty finding, except in the limited case described in the law. The commander must consider written submissions from the accused and any victim under rules from the President (including the matter in section 860a(e)). In general and special courts-martial the decision is sent to the military judge and copies go to the accused and any victim, and any change to findings or sentence must include a written explanation.