Action by convening authority in

certain general and special courts-martial (a) In general. This rule applies to the post-trial actions of the convening authority in any general or special court-martial not specified in R.C.M. 1109(a). (b) Action on findings. In any court-martial subject to this rule, action on findings is not required; however, the convening authority may— (1) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification; or (2) Set aside any finding of guilty and— (B) The duration of the suspension may not be less (A) Dismiss the specification and, if appropriate, than that recommended by the military judge; and the charge; or (C) The suspended portion of the sentence may be terminated by remission only as provided in R.C.M. 1107(e). (3) A sentence that is suspended under this rule shall comply with the procedures prescribed in R.C.M. (B) Order a rehearing in accordance with the procedures set forth in R.C.M. 810. A rehearing may not be ordered as to findings of guilty when there is a lack of sufficient evidence in the record to support the findings of guilty of the offense II-112 charged or of any lesser included offense. A rehearing may be ordered, however, if the proof of guilt consisted of inadmissible evidence for which there is available an admissible substitute. A rehearing may be ordered as to any lesser offense included in an offense of which the accused was found guilty, provided there is sufficient evidence in the record to support the lesser included offense. (c) Action on sentence. (1) In any court-martial subject to this rule, action on the sentence is not required; however, the convening authority may disapprove, reduce, commute, or suspend, in whole or in part, the court-martial sentence. If the sentence is disapproved, the convening authority may order a rehearing on the sentence. (2) In any court-martial subject to this rule, the convening authority, after entry of judgment, may reduce a sentence for substantial assistance in accordance with the procedures under R.C.M. 1109(e). (d) Procedures. The convening authority shall use the same procedures as in subsections (d) and (h) of R.C.M. 1109 for any post-trial action on findings and sentence under this rule. (e) Decision; forwarding of decision and related matters. (1) No action. If the convening authority decides to take no action on the findings or sentence under this rule, the convening authority’s staff judge advocate or legal advisor shall notify the military judge of the decision. (2) Action on findings. If the convening authority decides to act on the findings under this rule, the action of the convening authority shall be in writing and shall include a written statement explaining the reasons for the action. If a rehearing is not ordered, the affected charges and specifications shall be dismissed by the convening authority in the action. The convening authority’s staff judge advocate or legal advisor shall forward the action with the written explanation to the military judge to be attached to the record of trial. (3) Action on sentence. If the convening authority decides to act on the sentence under this rule, the action of the convening authority on the sentence shall be in writing and shall include a written statement explaining the reasons for the action. If any part of the sentence is disapproved, the action shall clearly state which part or parts are disapproved. The convening authority’s staff judge advocate or legal advisor shall forward the action with the written explanation to the military judge to be attached to the record of trial.