Page:United States Statutes at Large Volume 62 Part 1.djvu/667

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 625-JUNE 24, 1948 involving dishonorable discharge not suspended, bad-conduct dis- charge not suspended, or confinement in a penitentiary unless and until the appellate review required by this article shall have been completed and unless and until any confirming action required shall have been completed. Every record of trial by general or special court-martial involving a sentence to dishonorable discharge or bad- conduct discharge, whether such discharges be suspended or not sus- pended, and every record of trial by general court-martial involving a sentence to confinement in a penitentiary, other than records of trial examination of which is required by paragraph d of this article, shall be examined by the Board of Review which shall take action as follows: "(1) In any case in which the Board of Review holds the record of trial legally sufficient to support the findings of guilty and sentence, and confirming action is not by the Judge Advocate General or the Board of Review deemed necessary, the Judge Advocate General shall transmit the holding to the convening authority, and such holding shall be deemed final and conclusive. "(2) In any case in which the Board of Review holds the record of trial legally sufficient to support the findings of guilty and sentence, but modification of the findings of guilty or the sentence is by the Judge Advocate General or the Board of Review deemed necessary to the ends of justice, the holding and the record of trial shall be transmitted to the Judicial Council for confirming action. "(3) In any case in which the Board of Review holds the record of trial legally insufficient to support the findings of guilty and sentence, in whole or in part, and the Judge Advocate General concurs in such holding, the findings and sentence shall thereby be vacated in whole or in part in accord with such holding, and the record shall be transmitted by the Judge Advocate General to the convening authority for rehearing or such other action as may be appropriate. " (4) In any case in which the Board of Review holds the record of trial legally insufficient to support the findings of guilty and sentence, in whole or in part, and the Judge Advocate General shall not concur in the holding of the Board of Review, the hold- ing and the record of trial shall be transmitted to the Judicial Council for confirming action. "f. APPELLATE ACTION IN OTHER CASES. -Every record of trial by general court-martial the appellate review of which is not otherwise provided for by this article shall be examined in the Office of the Judge Advocate General and if found legally insufficient to support the find- ings of guilty and sentence, in whole or in part, shall be transmitted to the Board of Review for appropriate action in accord with para- graph e of this article. "g. WEIGHING EVIDENCE.- In the appellate review of records of trials by courts-martial as provided in these articles the Judge Advo- cate General and all appellate agencies in his office shall have authority to weigh evidence, judge the credibility of witnesses, and determine controverted questions of fact. "h. FINALITY OF COURT-MARTIAL XJUDGMENTS.-The appellate review of records of trial provided by this article, the confirming action taken pursuant to articles 48 or 49, the proceedings, findings, and sentences of courts-martial as heretofore or hereafter approved, reviewed, or confirmed as required by the Articles of War and all dismissals and discharges heretofore or hereafter carried into execution pursuant to sentences by courts-martial following approval, review, or confirma- tion as required by the Articles of War, shall be final and conclusive, and orders publishing the proceedings of courts-martial and all action 637 Examination of rec- ord of trial. Ante, p. 636. Final action when record held legally suf- ficient. Modification of sen- tence, etc. Vacation of sen- tence. Transmittal to Ju- dicial Council. Ante, p. 635.

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