Section 130.60. Action by the convening authority

(a) The findings and
  sentence of a court-martial shall be reported promptly to the  convening
  authority after the announcement of the sentence.
    (b)   (1)   Within  thirty  days  after  the  sentence  of  a  general
  court-martial or  of  a  special  court-martial  which  has  adjudged  a
  bad-conduct  discharge has been announced, the accused may submit to the
  convening authority matters for consideration by the convening authority
  with respect to the findings and the sentence. In the case of all  other
  special  courts-martial,  the  accused may make such a submission to the
  convening authority within twenty days after the sentence is  announced.
  In  the  case  of all summary courts-martial the accused may make such a
  submission to the  convening  authority  within  seven  days  after  the
  sentence  is  announced.  If  the  accused shows that additional time is
  required for the accused to submit such matters, the convening authority
  or other person taking action under this section, for a good cause,  may
  extend the period:
    (A)  in the case of a general court-martial or a special court-martial
  which has adjudged  a  bad-conduct  discharge,  for  not  more  than  an
  additional twenty days; and
    (B)  in  the  case  of  all other courts-martial, for not more than an
  additional ten days.
    (2) In a summary court-martial case  the  accused  shall  be  promptly
  provided a copy of the record of trial for use in preparing a submission
  authorized by paragraph one of this subdivision.
    (3)  In  no  event  shall  the  accused  in  any  general  or  special
  court-martial case have less than a seven-day period  from  the  day  on
  which  a copy of the authenticated record of trial has been given to him
  within  which  to  make  a  submission  under  paragraph  one  of   this
  subdivision.  The  convening  authority or other person taking action on
  the case, for good cause, may extend this period for up to an additional
  ten days.
    (4) The accused may waive his  right  to  make  a  submission  to  the
  convening  authority  under  paragraph  one  of this subdivision. Such a
  waiver must be made in writing and may not be revoked. For the  purposes
  of  paragraph  two  of  subdivision (c) of this section, the time within
  which the accused may make a submission under this subdivision shall  be
  deemed  to  have  expired  upon  the  submission of such a waiver to the
  convening authority.
    (c) (1) The authority under this section to modify  the  findings  and
  sentence of a court-martial is a matter of command prerogative involving
  the sole discretion of the convening authority. Under regulations of the
  adjutant  general, a commissioned officer commanding for the time being,
  a successor in command, or any person exercising  general  court-martial
  jurisdiction  may  act  under  this  section  in  place of the convening
  authority.
    (2) Action on the sentence of a court-martial shall be  taken  by  the
  convening  authority  or  by another person authorized to act under this
  section. Subject to regulations of the adjutant general, such action may
  be taken only after  consideration  of  any  matters  submitted  by  the
  accused  under subdivision (b) of this section and, if applicable, under
  subdivision (d) of this section, or after the time for  submitting  such
  matters  expires, whichever is earlier. The convening authority or other
  person  taking  such  action,  in  his  sole  discretion,  may  approve,
  disapprove, commute, or suspend the sentence in whole or in part.
    (3)  Action  on  the  findings  of  a  court-martial  by the convening
  authority or other person  acting  on  the  sentence  is  not  required.
  However, such person, in his sole discretion, may:

    (A)  dismiss any charge or specification by setting aside a finding of
  guilty thereto; or
    (B)  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.
    (d) Before acting under this section on any general court-martial case
  or any special court-martial case that includes a bad-conduct  discharge
  or  any court-martial case which includes a sentence of confinement, the
  convening authority or other person taking  action  under  this  section
  shall  obtain and consider the written recommendation of the staff judge
  advocate or legal officer.  The  convening  authority  or  other  person
  taking  action under this section shall refer the record of trial to his
  staff judge advocate or legal officer, and the staff judge  advocate  or
  legal   officer  shall  use  such  record  in  the  preparation  of  his
  recommendation. The recommendation of the staff judge advocate or  legal
  officer shall include such matters as the adjutant general may prescribe
  by  regulations  and shall be served on the accused, who shall have five
  days from the date of receipt in which to submit any matter in response.
  The convening  authority  or  other  person  taking  action  under  this
  section,  for good cause, may extend that period for up to an additional
  twenty days. Failure to object in the response to the recommendation  or
  to  any matter attached to the recommendation waives the right to object
  thereto.
    (e) (1) The convening authority or other person  taking  action  under
  this section, in his sole discretion, may order a proceeding in revision
  or a rehearing.
    (2)  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. In no case, however, may a proceeding
  in revision:
    (A)  reconsider  a  finding  of  not  guilty of any specification or a
  ruling which amounts to a finding of not guilty;
    (B) 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 some article of this chapter;
  or
    (C) increase the severity of some article of the sentence.
    (3) A rehearing may be ordered by the  convening  authority  or  other
  person  taking  action under this section if he disapproves the findings
  and sentence and states the reasons for disapproval of the findings.  If
  such  person  disapproves the findings and sentence and does not order a
  rehearing, he shall dismiss the charges. A rehearing as to the  findings
  may  not  be ordered where there is a lack of sufficient evidence in the
  record to support the findings. A rehearing as to the  sentence  may  be
  ordered  if  the convening authority or other person taking action under
  this subdivision disapproves the sentence.