Page 359 - Trump Executive Orders 2017-2021

10062 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

martial sentence-except an executed dismissal or discharge--which has not again been
adjudged upon a new trial or which, after the new trial, has not been sustained upon the action of
any reviewing authority, shall be restored. So much of the findings and so much of the sentence
adjudged at the earlier trial shall be set aside as may be required by the findings and sentence at
the new trial. Ordinarily, action taken under this subsection shall be re±1ected in the new
judgment entered in the case.
(b) Other cases. In cases other than those in subsection (a), all rights, privileges, and property
affected by an executed part of a court-martial sentence that has been set aside or disapproved
by any competent authority shall be restored unless a new trial, other trial, or rehearing is
ordered and such executed part is included in a sentence imposed at the new trial, other trial, or
rehearing. Ordinarily, any restoration shall be reflected in the new judgment entered in the case.
In accordance with regulations established by the Secretary concerned, for the period after the
date on which an executed part of a court-martial sentence is set aside, an accused who is
pending a rehearing, new trial, or other trial shall receive the pay and allowances due at the
restored grade.

Rule 1209. Finality of courts-martial
(a) When a conviction is final.
(1) General and.~pecial courts-martial. A conviction in a general or special court-martial is
final when-
(A) Review is completed under R.C.M. 120l(a) (Article 65);
(B) Review is completed by a Court of Criminal Appeals and-
(i) The accused does not file a timely petition for review by the Court of Appeals for
the Armed Forces and the case is not otherwise under review by that court;
(ii) A petition for review is denied or otherwise rejected by the Court of Appeals for
the Armed Forces; or
(iii) Review is completed in accordance with the judgment of the Court of Appeals for
the Armed Forces and-
(I) A petition for a writ of certiorari is not tiled within the time limits prescribed by
the Supreme Court;
(II) A petition for writ of certiorari is denied or otherwise rejected by the Supreme
Court; or
(III) Review is otherwise completed in accordance with the judgment of the
Supreme Court.
(2) Summmy courts-martial. A conviction in a summary court-martial is final when a judge
advocate completes review under R.C.M. 1307(d) and no further action is required under
R.C.M. 1307(e).
(b) Effect ojjinality. The appellate review of records of trial provided by the UCMJ, the
proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as
required by the UCMJ, and all dismissals and discharges carried into execution under sentences
by courts-martial following approval, review, or affirmation as required by the UCMJ, are final
and conclusive. The judgment of a court-martial and orders publishing the proceedings of comis-
martial and all action taken pursuant to those proceedings are binding upon all departments,
courts, agencies, and officers of the United States, subject only to action upon a petition for a
new trial under Article 73, to action under Article 69, to action by the Secretary concerned as
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provided in Article 74, and the authority of the President.

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