Page:United States Statutes at Large Volume 97.djvu/1434

 97 STAT. 1402 PUBLIC LAW 98-209—DEC. 6, 1983 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; Ante, p. 1395. "(2) the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonor- able discharge, or confinement for more than six months; or "(3) such action is otherwise required by regulations of the Secretary concerned. "(c)(l) The person to whom the record of trial and related docu- ments are sent under subsection (b) 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 in the judge advocate's review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) 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 Judge Advocate General Infra- for review under section 8690:)) of this title (article 69(b)).". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "864. 64. Review by a judge advocate.". 10 USC 866. (b) Section 866(a) (article 66(a)) is amended by inserting after the second sentence the following new sentence: "Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules.", (c) Section 8660t)) (article 660>)) is amended to read as follows: "(b) The Judge Advocate General shall refer to a Court of Military Review the record in each case of trial by court-martial— "(1) in which the sentence, as approved, extends to death, dismissal of a commissioned officer, cadet, or midshipman, dis- honorable or bad-conduct discharge, or confinement for one year or more; and "(2) except in the case of a sentence extending to death, the right to appellate review has not been waived or an appeal has Ante, p. 1397. not been withdrawn under section 861 of this title (article 61).". 10 USC 867. (d) Section 867(b)(l) (article 67(b)(l)) is amended by striking out "affects a general or flag officer or". 10 USC 869. (e)(1) The text of section 869 (article 69) is amended to read as follows: "(a) The record of trial in each general court-martial that is not otherwise reviewed under section 866 of this title (article 66) shall be examined in the office of the Judge Advocate General if there is a finding of guilty and the accused does not waive or withdraw his right to appellate review under section 861 of this title (article 61). If any part of the findings or sentence is found to be unsupported in

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