- If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
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- Where there is an apparent error or omission in the record, or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.
- In no case, however, may the record be returned:
- For reconsideration of a finding of not guilty or a ruling which amounts to a finding of not guilty; or
- For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of the code; or
- For increasing the severity of the sentence, unless the sentence prescribed for the offense is mandatory.
Source: L. 83: Entire article added, p. 1182, § 1, effective June 10.