Page 352 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10055

(d) Form and content for review o.lcases not eligible for appellate review at the Court of
Criminal Appeals. The review referred to in paragraph (a)(l) shall include a written conclusion
as to each of the following:
(1) Whether the comi had jurisdiction over the accused and the offense;
(2) Whether each charge and specification stated an offense;
(3) Whether the sentence was within the limits prescribed as a matter of law; and
( 4) When applicable, a response to each allegation of error made in writing by the accused.
(e) Form and content for review of cases in which the accused has waived or withdrawn
appellate review orfailed tofile an appeal. The review referred to in paragraph (a)(2) shall
include a written conclusion as to each of the following:
(I) Whether the court had jurisdiction over the accused and the offense;
(2) Whether each charge and specification stated an offense; and
(3) Whether the sentence was within the limits prescribed as a matter of law.
(f) Remedies.
(1) If the attorney conducting the review under subsection (a) believes corrective action is
required, the attorney shall forward the matter to the Judge Advocate General, who may modify
or set aside the findings or sentence, in whole or in part.
(2) In setting aside the findings or sentence, the Judge Advocate General may order a
rehearing, except that a rehearing may not be ordered where the evidence was legally
insufficient at the trial to support the findings.
(3) If the Judge Advocate General sets aside findings and sentence and does not order a
rehearing, the Judge Advocate General shall dismiss the charges.
(4) If the Judge Advocate General sets aside findings and orders a rehearing and the
convening authority determines that a rehearing would be impractical, the convening authority
shall dismiss the charges.
(g) Notification. After a case is reviewed under subsection (a), the accused shall be notified of
the results of the review and any action taken by the Judge Advocate General or convening
authority by means of depositing a copy of the review and any modified judgment in the United
States mails for delivery by first-class certified mail to the accused at an address provided by
the accused or, if no such address has been provided by the accused, at the latest address listed
for the accused in the accused's official service record. Proof of service shall be attached to the
record of trial.
(h) Application for relief to the Judge Advocate General after final review.
(1) In general. Notwithstanding R.C.M. 1209, the Judge Advocate General may, upon
application of the accused or a person with authority to act for the accused, modify or set aside
the findings or sentence, in whole or in part, of-
( A) A summary court-martial previously reviewed under R.C.M. 1307; or
(B) A general or special court-martial previously reviewed under paragraph (a)(1) or (2).
(2) Timing. In order to qualify for review under this subsection, an accused must submit an
application for review not later than one year after-
(A) In the case of a summary court-martial, the date of completion of review under
R.C.M. 1307; Of
(B) In the case of a general or special court-martial reviewed under paragraph (a)( 1) or
(a)(2), the later of-
(i) the date on which the accused is notified of the decision of the Judge Advocate
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General under subsection (g); or

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