Review of summary courts-martial by a

judge advocate (a) In general. Except as provided in subsection (b) of this rule, under regulations of the Secretary concerned, a judge advocate shall review each summary court- martial in which there is a finding of guilty. (b) Exception. If the accused is found not guilty or not guilty only by reason of lack of mental responsibility the convening authority of all offenses or disapproved all findings of guilty, no review under this rule is required. (c) Disqualification. No person may review a case under this rule if that person has acted in the same case as an accuser, preliminary hearing officer, summary court-martial officer, or counsel, or has otherwise acted on behalf of the prosecution or defense. (d) Form and content of review. The judge advocate’s review shall be in writing and shall contain the following: if (1) Conclusions as to whether— (A) the court-martial had jurisdiction over the accused and each offense as to which there is a finding of guilty that has not been disapproved; (B) each specification as to which there is a finding of guilty that has not been disapproved stated an offense; and (C) the sentence was legal. (2) A response to each allegation of error made in writing by the accused. Such allegations may be filed under R.C.M. 1106 or directly with the judge advocate who reviews the case; and (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 otherwise required by regulations of the Secretary concerned. (f) Action by officer exercising general court-martial jurisdiction. (1) Action. The officer exercising general court- martial jurisdiction who receives a record under subsection (e) of this rule 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 officer 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 of the action. (g) Records forwarded 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 of law, and the officer 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 post-final review by the Judge Advocate General. Not later than one year after completion of the judge advocate’s review of the case under this rule, the accused may apply for review by the Judge Advocate General under R.C.M. 1201(h) on the grounds of newly discovered evidence, fraud on the II-135 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. II-136