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U.S. Code as of:
01/19/04
Section 864. Art. 64. Review by a judge advocate
(a) Each case in which there has been a finding of guilty that is
not reviewed under section 866 or 869(a) of this title (article 66
or 69(a)) shall be reviewed by a judge advocate under regulations
of the Secretary concerned. A judge advocate may not review a case
under this subsection if he has acted in the same case as an
accuser, investigating officer, member of the court, military
judge, or counsel or has otherwise acted on behalf of the
prosecution or defense. The judge advocate's review shall be in
writing and shall contain the following:
(1) Conclusions as to whether -
(A) the court had jurisdiction over the accused and the
offense;
(B) the charge and specification stated an offense; and
(C) the sentence was within the limits prescribed as a matter
of law.
(2) A response to each allegation of error made in writing by
the accused.
(3) If the case is sent for action under subsection (b), a
recommendation as to the appropriate action to be taken and an
opinion as to whether corrective action is required as a matter
of law.
(b) The record of trial and related documents in each case
reviewed under subsection (a) shall be sent for action to the
person exercising general court-martial jurisdiction over the
accused at the time the court was convened (or to that person's
successor in command) if -
(1) the judge advocate who reviewed the case recommends
corrective action;
(2) the sentence approved under section 860(c) of this title
(article 60(c)) extends to dismissal, a bad-conduct or
dishonorable discharge, or confinement for more than six months;
or
(3) such action is otherwise required by regulations of the
Secretary concerned.
(c)(1) The person to whom the record of trial and related
documents are sent under subsection (b) may -
(A) disapprove or approve the findings or sentence, in whole or
in part;
(B) remit, commute, or suspend the sentence in whole or in
part;
(C) except where the evidence was insufficient at the trial to
support the findings, order a rehearing on the findings, on the
sentence, or on both; or
(D) dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a
rehearing impracticable, he shall dismiss the charges.
(3) If the opinion of the judge advocate in the judge advocate's
review under subsection (a) is that corrective action is required
as a matter of law and if the person required to take action under
subsection (b) does not take action that is at least as favorable
to the accused as that recommended by the judge advocate, the
record of trial and action thereon shall be sent to the Judge
Advocate General for review under section 869(b) of this title
(article 69(b)).
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