Section 130.63. Review by a judge advocate  


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  • (a) Each case in which there
      has been a finding of guilt that is not reviewed under section 130.65 or
      130.68 of this article shall be  reviewed  by  a  judge  advocate  under
      regulations  of  the adjutant general. A judge advocate may not review a
      case under this subdivision if he has acted  in  the  same  case  as  an
      accuser,  investigating officer, member of the court, military judge, or
      counsel or has otherwise acted on behalf of the prosecution or  defense.
      The  judge  advocate's  review shall be in writing and shall contain the
      following:
        (1) Conclusions as to whether:
        (A) the court had jurisdiction over the accused and the offense;
        (B) the charge and specification stated an offense; and
        (C) the sentence was within the limits prescribed as a matter of law.
        (2) A response to each allegation of error  made  in  writing  by  the
      accused.
        (3)  If  the  case  is  sent  for action under subdivision (b) of this
      section, 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.
        (b) The record of trial and related documents in  each  case  reviewed
      under  subdivision  (a)  of this section shall be sent for action to the
      person exercising general court-martial jurisdiction over the accused at
      the time the court was  convened  (or  to  that  person's  successor  in
      command) if:
        (1)  the  judge  advocate  who reviewed the case recommends corrective
      action;
        (2) the sentence approved under subdivision (c) of section  130.60  of
      this  article  extends  to  dismissal,  a  bad-conduct  or  dishonorable
      discharge or any confinement; or
        (3) such action is otherwise required by regulations of  the  adjutant
      general.
        (c)  (1)  The person to whom the record of trial and related documents
      are sent under subdivision (b) of this section 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) If a rehearing is ordered but  the  convening  authority  finds  a
      rehearing impracticable, he shall dismiss the charges.
        (3)  If  the  opinion of the judge advocate's review under subdivision
      (a) of this section is that corrective action is required as a matter of
      law and if the person required to take action under subdivision  (b)  of
      this  section  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  action thereon shall be sent to the state judge advocate for review
      under section 130.68 of this article.