§950b Review by the Convening Authority

Summary

After a military commission announces a sentence, the written findings and sentence must be sent right away to the convening authority. The accused can send written matters for the convening authority to consider about the findings or the sentence. Those must be sent within 20 days after the accused gets the authenticated trial record under section 949o(c). For good cause, the convening authority can give one extension of up to 20 more days. The accused can give up this right in writing, and that waiver cannot be taken back. A written waiver counts as the time having expired. The convening authority alone decides whether to change findings or the sentence. It does not have to change findings, but if it does it can only set aside a guilty finding or reduce a guilty finding to a lesser included offense. The convening authority must act on the sentence. Subject to rules set by the Secretary of Defense, it may act only after looking at any matters the accused submitted or after the submission time runs out. It may approve, reject, commute, or suspend the sentence in whole or in part, but it cannot make the sentence harsher than the commission found. The convening authority must tell the accused or defense counsel about any action. The authority can also order a correction of the record or a rehearing in its sole discretion. Corrections can fix record errors or inconsistent actions that do not hurt the accused’s important rights, but they cannot reopen not‑guilty findings except in limited situations or increase a sentence unless the sentence is mandatory. A rehearing can be ordered if the convening authority disapproves the findings and gives reasons; if it disapproves and does not order a rehearing, it must dismiss the charges. A rehearing on findings cannot be ordered when the record lacks enough evidence, but a rehearing on sentence can be ordered if the sentence is disapproved.