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§ 130.59. Error  of  law;  lesser included offense.   (a) A finding or
sentence of a court-martial shall not be held incorrect on the ground of
an error of law unless the error materially prejudices  the  substantial
rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the findings as includes a lesser included offense.