Page 337 - Trump Executive Orders 2017-2021

10040 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Rule 1109. Reduction of sentence, general and special courts-martial
(a) In general. This rule applies to the post-trial actions of the convening authority in any
general or special court-martial in which-
( 1) The court-martial found the accused guilty of-
( A) An offense for which the maximum authorized sentence to confinement is more than
two years, without considering the jurisdictional maximum of the court;
(B) A violation of Article 120(a) or (b);
(C) A violation of Article 120b; or
(D) A violation of such other offense as the Secretary of Defense has specified by
regulation; or
(2) The sentence of the court-martial includes-
(A) A bad-conduct discharge, dishonorable discharge, or dismissal;
(B) A term of confinement, or terms of confinement running consecutively, more than six
months; or
(C) Death.
(b) Umitation qfauthority on.findings. For any court-martial described under subsection (a),
the convening authority may not set aside, disapprove, or take any other action on the findings
ofthe court-martial.
(c) Limited authority to act on sentence. For any court-martial described under subsection (a),
the convening authority may-
(1) Modify a bad-conduct discharge, dishonorable discharge, or dismissal only as provided
in subsections (e) and (f);
(2) Modify a term of con±1nement of more than six months, or terms of cont1nement that
running consecutively are more than six months, only as provided in subsections (e) and (f);
(3) Reduce or commute a punishment of death only as provided in subsection (e);
(4) Reduce, commute, or suspend, in whole or in part, any punishment adjudged for an
o±Tense tried under the law of war other than the punishments specified in paragraphs ( 1 ), (2 ),
and (3);
(5) Reduce, commute, or suspend, in whole or in part, the following punishments:
(A) The con±1nement portion of a sentence if the con±1nement portion of the sentence is
six months or less, to include tenns of cont1nement that running consecutively total six months
or less;
(B) A reprimand;
(C) Forfeiture of pay or allowances;
(D) A fine;
(E) Reduction in pay grade;
(F) Restriction to specified limits; and
(G) Hard labor without confinement.
(d) General Considerations.
(1) Who may take action. If it is impracticable for the convening authority to act under this
rule, the convening authority shall, in accordance with such regulations as the Secretary
concerned may prescribe, fonvard the case to an officer exercising general court-martial
jurisdiction who may take action under this rule.
(2) Legal advice. In determining whether to take action, or to decline taking action under
this rule, the convening authority shall consult with the staff judge advocate or legal advisor.
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(3) Consideration qfmatters.

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