Section 130.66. Review by the governor  


Latest version.
  • (a) The governor shall review the
      record in all cases reviewed by a board of military review and  approved
      by  the  adjutant  general in which, upon petition of the accused and on
      good cause shown, the governor grants such review.
        (b) The accused may petition the governor for a review of  a  decision
      of the board of military review within sixty days from the earlier of:
        (1)  the  date on which the accused is notified of the decision of the
      board of military review and the approval of the adjutant general; or
        (2) the date on which a copy of the decision of the board of  military
      review  and  the approval of the adjutant general, after being served on
      counsel of record for the accused (if any), is deposited in  the  United
      States  mail for delivery by first class, certified mail to the accused,
      at an address provided by the accused or, if no such  address  has  been
      provided by the accused, at the latest address listed for the accused in
      his official service record.
        (c)  In  any  case  reviewed  by  him,  the governor may act only with
      respect to the findings and  sentences  as  approved  by  the  convening
      authority  and as affirmed or set aside as incorrect in law by the board
      of military review. He may affirm only such findings of  guilty  in  the
      sentence  or such part or amount of the sentence, as he finds correct in
      law and fact and determines, on the basis of the entire  record,  should
      be approved. In considering the record, he may weigh the evidence, judge
      the  credibility  of  witnesses, and determine controverted questions of
      fact, recognizing that the trial court saw and heard the  witnesses.  If
      the  governor sets aside the findings and sentence, he may, except where
      the setting aside is based on lack of sufficient evidence in the  record
      to  support  the  findings,  order  a  rehearing.  If  he sets aside the
      findings and sentence, and does not order a rehearing,  he  shall  order
      that  the charges be dismissed. If the governor has ordered a rehearing,
      but the convening authority finds  a  rehearing  impracticable,  he  may
      dismiss the charges.