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U.S. Code as of:
01/19/04
Section 869. Art. 69. Review in the office of the Judge Advocate General
(a) The record of trial in each general court-martial that is not
otherwise reviewed under section 866 of this title (article 66)
shall be examined in the office of the Judge Advocate General if
there is a finding of guilty and the accused does not waive or
withdraw his right to appellate review under section 861 of this
title (article 61). If any part of the findings or sentence is
found to be unsupported in law or if reassessment of the sentence
is appropriate, the Judge Advocate General may modify or set aside
the findings or sentence or both.
(b) The findings or sentence, or both, in a court-martial case
not reviewed under subsection (a) or under section 866 of this
title (article 66) may be modified or set aside, in whole or in
part, by the Judge Advocate General on the ground of newly
discovered evidence, fraud on the court, lack of jurisdiction over
the accused or the offense, error prejudicial to the substantial
rights of the accused, or the appropriateness of the sentence. If
such a case is considered upon application of the accused, the
application must be filed in the office of the Judge Advocate
General by the accused on or before the last day of the two-year
period beginning on the date the sentence is approved under section
860(c) of this title (article 60(c)), unless the accused
establishes good cause for failure to file within that time.
(c) If the Judge Advocate General sets aside the findings or
sentence, he may, except when the setting aside is based on lack of
sufficient evidence in the record to support the findings, order a
rehearing. If he sets aside the findings and sentence and does not
order a rehearing, he shall order that the charges be dismissed. If
the Judge Advocate General orders a rehearing but the convening
authority finds a rehearing impractical, the convening authority
shall dismiss the charges.
(d) A Court of Criminal Appeals may review, under section 866 of
this title (article 66) -
(1) any court-martial case which (A) is subject to action by
the Judge Advocate General under this section, and (B) is sent to
the Court of Criminal Appeals by order of the Judge Advocate
General; and
(2) any action taken by the Judge Advocate General under this
section in such case.
(e) Notwithstanding section 866 of this title (article 66), in
any case reviewed by a Court of Criminal Appeals under this
section, the Court may take action only with respect to matters of
law.
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