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

Summary

The convening authority (the commander who sent the case to court) can change or throw out findings and sentences in many courts-martial. They can overturn guilty findings and dismiss charges, reduce a guilty finding to a lesser offense, cancel findings and punishment and dismiss the case, order a new trial on findings or on sentence, or reduce, suspend, or cancel all or part of a punishment. In summary courts-martial, the convening authority must either approve the punishment or do one of these things. Usually these actions happen before the judgment is entered, but there are rules that let action happen afterward in some general or special courts-martial. Under set rules, another qualified officer may act instead of the convening authority. The convening authority cannot order a rehearing if the record lacks enough evidence, or to retry something already found not guilty, except in limited cases when a related guilty specification exists. The commander must consider written submissions from the accused and any victim. If the commander changes findings or sentence, the decision must be written, given to the military judge, and copies sent to the accused and any victim.