§ 5904. Reconsideration and revision.
(a) General rule.--The convening authority or other authorized party may order a proceeding in revision. 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.
(b) Revision not authorized.--In no case may a proceeding in revision:
(1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2) 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 a punitive section of this title; or
(3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Section: Previous 5901 5902 5903 5904 5905 5906 5907 5908 5909 5910 5911 5912 5913 5914 NextLast modified: October 8, 2016