Page 369 - Trump Executive Orders 2017-2021

10072 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(3) If the case is sent for action to the officer exercising general court-martial jurisdiction
under subsection (e) of this rule, a recommendation as to the appropriate action to be taken and
an opinion as to whether corrective action is required as a matter of law.
A copy of the judge advocate's review under this rule shall be attached to the record of trial. A
copy of the review shall also be forwarded to the accused.
(e) Forwarding to officer exercising general court-martial jurisdiction. In cases reviewed under
this rule, the record of trial shall be sent for action to the officer exercising general court-
martial convening authority over the accused at the time the court-martial was held (or to that
officer's successor) when:
(1) The judge advocate who reviewed the case recommends corrective action; or
(2) Such action is othenvise required by regulations of the Secretary concerned.
(f) Action by officer exercising general court-martialjurisdiction.
(1) Action. The officer exercising general court-martial jurisdiction who receives a record
under subsection (e) of this mle may-
(A) Disapprove or approve the findings or sentence in whole or in part;
(B) Remit, commute, or suspend the sentence in whole or in part;
(C) Except where the evidence was insufficient at the trial to support the findings, order a
rehearing on the findings, on the sentence, or on both; or
(D) Dismiss the charges.
(2) Rehearing. If the officer exercising general court-martial jurisdiction orders a rehearing,
but the convening authority finds a rehearing impracticable, the convening authority shall
dismiss the charges.
(3) Notification. After the of1icer exercising general court-martial jurisdiction has taken
action, the accused shall be notified of the action and the accused shall be provided with a copy
ofthe action.
(g) Record~fonvarded to the Judge Advocate General. If the judge advocate who reviews the
case under this rule states that corrective action is required as a matter oflaw, and the otlicer
exercising general court-martial jurisdiction does not take action that is at least as favorable to
the accused as that recommended by the judge advocate, the record of trial and the action
thereon shall be forwarded to the Judge Advocate General for review under R.C.M. 1201(j).
(h) Application for post1inal review by the Judge Advocate General. Not later than one year
after completion of the judge advocate's review of the case under this mle, the accused may
apply for review by the Judge Advocate General under R.C.M. 120l(h) on the grounds of
newly discovered evidence, fraud on the court-martial, lack of jurisdiction over the accused or
offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the
sentence.
(i) Review by a Court of Criminal Appeals. After the Judge Advocate General reviews a
summary court-martial under R.C.M. 1201(h) or (j), the case may be sent to the Court of
Criminal Appeals by order of the Judge Advocate General, or the accused may submit an
application for review to the Court of Criminal Appeals in accordance with R.C.M. 1201(k).
(j) Other records. Records reviewed under this rule that are not forwarded under subsection (g)
shall be disposed of as prescribed by the Secretary concerned.

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