Page 368 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10071

authority at any time before it has been published, or, if the action is favorable to the accused,
at any time prior to forwarding the record for review or before the accused has been officially
notified.
(2) Sentence. The action shall state whether the sentence adjudged by the court-martial is
approved. If only part of the sentence is approved, the action shall state which parts are
approved. A rehearing may not be directed if any sentence is approved.
(3) Suspension. The action shall indicate, when appropriate, whether an approved sentence
is to be executed or whether the execution of all or any part of the sentence is to be suspended.
No reasons need be stated.
( 4) Deferment of service of sentence to corifinement. Whenever the service of the sentence to
confinement is deferred by the convening authority under R.C.M. 1103 before or concunently
with the initial action in the case, the action shall include the date on which the deferment
became effective. The reason tbr the deferment need not be stated in the action.
(e) Incomplete, ambiguous, or erroneous action. When the action of the convening authority or
of a higher authority is incomplete, ambiguous, or contains error, the authority who took the
incomplete, ambiguous, or erroneous action may be instructed by an authority acting under
Article 64, 66, 67, 67a, or 69 to withdraw the original action and substitute a corrected action.
(f) Servjce. A copy of the convening authority's action shall be served on the accused or on
defense counsel and, upon the victim's request, the victim. If the action is served on defense
counsel, defense counsel shall, by expeditious means, provide the accused with a copy.
(g) Subsequent action. Any action taken on a summary court-martial after the initial action by
the convening authority shall be in writing, signed by the authority taking the action, and
promulgated in appropriate orders.
(h) Reviet11 by a judge advocate. A judge advocate shall review each summary court-martial in
which there is a finding of guilty pursuant to R.C.M. 1307.

Rule 1307. Review of summary courts-martial by a judge advocate
(a) in general. Except as provided in subsection (b) of this rule, under regulations of the
Secretary concerned, a judge advocate shall review each summary court-martial in which there
is a finding of guilty.
(b) Exception. If the accused is found not guilty or not guilty only by reason of lack of mental
responsibility of all offenses or if the convening authority disapproved all findings of guilty, no
review under this rule is required.
(c) Disqualification. No person may review a case under this rule if that person has acted in the
same case as an accuser, preliminary hearing officer, summary court-martial officer, or counsel,
or has otherwise acted on behalf of the prosecution or defense.
(d) Form and content of review. The judge advocate's review shall be in writing and shall
contain the following:
(1) Conclusions as to whether-
(A) the court-martial had jurisdiction over the accused and each offense as to which there
is a finding of guilty that has not been disapproved;
(B) each specification as to which there is a finding of guilty that has not been disapproved
stated an offense; and
(C) the sentence was legal.
(2) A response to each allegation of en-or made in writing by the accused. Such allegations
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may be filed under R.C.M. 1106 or directly with the judge advocate who reviews the case; and

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