Page 353 - Trump Executive Orders 2017-2021

10056 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(ii) the date on which a copy of the decision of the Judge Advocate General is
deposited in the United States mails under subsection (g).
(3) Er:tension. The Judge Advocate General may, for good cause shown, extend the period
for submission of an application under paragraph (h)(2) for a time period not to exceed two
additional years.
(4) Scope.
(A) In a case previously reviewed under R.C.M. 1307 or paragraph (a)(I), the Judge
Advocate General may act on the grounds 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.
(B) In a case previously reviewed under paragraph (a)(2), the Judge Advocate General's
review is limited to the issue of whether the waiver, withdrawal, or failure to file an appeal was
invalid under the law.
(5) Procedure. Each Judge Advocate General shall provide procedures for considering all
cases properly submitted under this rule and may prescribe the manner by which an application
for relief under this rule may be made and, if submitted by a person other than the accused, may
require that the applicant show authority to act on behalf of the accused.
(i) Remission andsu.\pension. The Judge Advocate General may, when so authorized by the
Secretary concerned under Article 74, at any time remit or suspend the unexecuted part of any
sentence, other than a sentence approved by the President.
(i) Mandatory review of summary courts-martial fimvarded under R. C.M 13 0 7. The Judge
Advocate General shall review summary courts-martial if the record of trial and the action
thereon are forwarded under R.C.M. 1307(g). On such review, the Judge Advocate General
may vacate or modify, in whole or in part, the findings or sentence, or both, of the court-martial
on the ground of newly discovered evidence, fraud on the court-martial, lack ofjurisdiction
over the accused or the offense, error prejudicial to the substantial rights of the accused, or the
appropriateness of the sentence.
(k) Cases referred or submitted to the Court of Criminal Appeals.
(1) in general. Action taken by the Judge Advocate General under subsections (h) or G) may
be reviewed by the Court of Criminal Appeals under Article 69(d) as follows:
(A) The Judge Advocate General may forward a case to the Court of Criminal Appeals. If
the case is forwarded to a Court of Criminal Appeals, the accused shall be informed and shall
have the rights to appellate defense counsel afforded under R.C.M. 1202(b )(2).
(B) The accused may submit an application for review to the Court of Criminal Appeals.
The Court of Criminal Appeals may grant such an application only if the application
demonstrates a substantial basis for concluding that the Judge Advocate General's action under
this rule constituted prejudicial error, and the application is filed not later than the earlier of-
(i) 60 days after the date on which the accused is notified of the decision of the Judge
Advocate General; or
(ii) 60 days after the date on which a copy of the decision of the Judge Advocate
General is deposited 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.
(2) The submission of an application for review under subparagraph (k)(l )(B) does not
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constitute a proceeding before the Court of Criminal Appeals for purposes of representation by

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