Page:United States Statutes at Large Volume 97.djvu/1428

 97 STAT. 1396 PUBLIC LAW 98-209—DEC. 6, 1983 Extension period. Extension period. Waiver. Written recommenda- tion. 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 20 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 7 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 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 20 days; and "(B) in the case of all other courts-martial, for not more than an additional 10 days. "(2) In a summary court-martial case the accused shall be promptly provided a copy of the record of trial for usc in preparing a submission authorized by paragraph (1). "(3) In no event shall the accused in any general or special court- martial case have less than a 7-day period after 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 (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days. "(4) The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection 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 Secretary concerned, a commissioned officer com- manding 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 Secretary con- cerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) and, if appli- cable, under subsection (d), 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, the convening authority or other person taking action under this section shall obtain and consider the written recommen-

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