Page:United States Statutes at Large Volume 97.djvu/1429

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1397 Extension period. dation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall usc such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or other person taking action under this section, for good cause, may extend that period for up to an additional 20 days. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. "(e)(l) The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing. "(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, how- ever, may a proceeding in revision— "(A) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; "(B) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or "(C) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. "(3) A rehearing may be ordered by the convening authority or Rehearing. other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehear- ing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "860. 60. Action by the convening authority.". (b)(l) Section 861 (article 61) is amended to read as follows: "§ 861. Art. 61. Waiver or withdrawal of appeal "(a) In each case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)), except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under section 860(c) of this title (article 60(c)) is served on the accused or on defense counsel. The convening authority or other person taking Extension period. 10 USC 861. Post, p. 1402. Ante, p. 1395.