civil life by the President, by and with the advice and consent of the Senate, for a term of 15 years.
The Court of Military Appeals shall review the record in the following instances:
(1) All cases in which the sentence, as affirmed by a Court of Military Review, affects a
general or flag officer or extends to death.
(2) All cases reviewed by a Court of Military Review, which the Judge Advocate General
orders sent to the Court of Military Appeals for review.
(3) All cases reviewed by a Court of Military Review in which, upon petition of the
accused and on good cause shown, the Court of Military Appeals has granted a review.
(a) The accused has 30 days from the time he is notified of the decision of the Court
of Military Review to petition the Court of Military Appeals for review. The court shall act upon
such a petition within 30 days of receipt. The officer immediately exercising general court-martial
jurisdiction over the command that includes the accused will notify the judge advocate general by
electrical or other expeditious means of communication of the expiration of the appeals period only
when an accused officer prisoner does not file a timely petition for grant of review. This is not
applicable to warrant officers.
(b) In any case review, the Court of Military Appeals may act only on the findings
and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law
by the board of review. In a case that the judge advocate general orders sent to the Court of
Military Appeals, action need be taken only with respect to the issue raised by the judge advocate
general. In a case reviewed upon petition of the accused, action need be taken only with respect to
issues specified in the grant of review. The Court of Military Appeals shall take action only with
respect to matters of law.
(c) If the Court of Military Appeals sets aside the findings and sentence, it may,
except where the setting aside is based on lack of sufficient evidence in the record to support the
findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing,
it shall order that the charges be dismissed.
(d) After it has acted on a case, the Court of Military Appeals may direct the judge
advocate general to return the record to the Court of Military Review for further review in
accordance with (IAW) the decision of the court. Otherwise, unless there is to be further action by
the President or the secretary concerned, the judge advocate general shall instruct the convening
authority to take action IAW that decision. If the court has ordered a rehearing, but the convening
authority finds a rehearing impracticable, the convening authority may dismiss the charges.
l. Court of Military Review: A court established by the judge advocate general. It
consists of three or more appellate military judges, either civilian or military. This court reviews
the record of every court-martial in which the sentence was approved by the convening authority,
including the death sentence, dismissal of an officer, dishonorable or bad conduct discharge, or
confinement for 1 year or more. It also reviews any case affecting a general officer. The court's
review is to affirm or deny the finding of guilt and to determine if the sentence, as approved, is
proper and correct. The court has the authority to set aside the original trial and either order a new
trial or dismiss the charges. After reaching and announcing a decision, the court forwards its
17
Previous Page
