Initial action on the record by convening authority - staff judge advocate review

(1) After a trial by court-martial, the military judge who presided over the court-martial shall forward the record of the court-martial to the convening authority. Upon receipt of the record of the court-martial, the convening authority shall forward the record to the staff judge advocate designated by the state judge advocate general. (2) The staff judge advocate shall review the record and submit a written opinion to the convening authority. The staff judge advocate's opinion must include: (a) Conclusions about whether: (I) The court-martial had jurisdiction over the accused; (II) The charge and specification stated an offense; and (III) The sentence was within the limits prescribed as a matter of law; (b) If the accused makes allegations in writing, a response to each allegation of error made in writing by the accused; and (c) In an opinion about the findings of a summary court-martial, advice to the convening authority on the sufficiency of the evidence as to each finding made by the summary court-martial. (3) A convening authority shall not act on the findings of or sentence imposed by a court-martial before the staff judge advocate review. (4) (a) After receiving the staff judge advocate's written opinion described in subsection (2) of this section, the convening authority of a general court-martial or a special court-martial: (I) Shall not act on the findings of the court-martial; and (II) May act as described in subsection (4)(b) of this section on the sentence of the court-martial if: (A) The total period of a sentence to confinement imposed for all offenses involved, running consecutively, is less than one hundred eighty days; and (B) The court-martial did not impose a sentence of dismissal or dishonorable discharge. (b) A convening authority acting on a sentence imposed by a court-martial pursuant to subsection (4)(a)(II) of this section may: (I) Approve the court-martial's sentence; (II) Disapprove, commute, or suspend the court-martial's sentence, in whole or in part; or (III) Disapprove the court-martial's sentence and order a rehearing on the sentence. (c) After appropriate staff judge advocate review, the convening authority of a summary court-martial may: (I) Approve the court-martial's findings and sentence; (II) Dismiss any charge or specification by setting aside the finding of guilty; (III) Change the court-martial's finding of guilty of the charge or specification to a finding of guilty of a lesser included offense; (IV) Disapprove the court-martial's findings and sentence and dismiss the charge and specification; (V) Disapprove the court-martial's findings and sentence and order a rehearing on the findings and sentence; (VI) Disapprove, commute, or suspend the court-martial's sentence, in whole or in part; or (VII) Disapprove the court-martial's sentence and order a rehearing as to the sentence. (5) If, pursuant to this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority must include a written explanation of the reasons for the action. (6) The convening authority shall forward its final decision to the military judge who presided over the court-martial and provide copies of the decision to the accused and to any victim of the offense. The military judge shall incorporate the convening authority's final decision into the record.