Section 13A-806 – Sentences: Reduction in Enlisted Grade on Approval
(a) A court–martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad–conduct discharge or confinement reduces that member to pay grade E–1, effective on the date of that approval. (b) If the sentence of a member who is reduced in pay grade under […]
Section 13A-807 – Sentences: Forfeiture of Pay and Allowances During Confinement
(a) (1) A court–martial sentence described in paragraph (4) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. (2) The forfeiture pursuant to this article shall take effect on the date determined under § 13A–803 of this subtitle and may be deferred […]
Section 13A-901 – Error of Law; Lesser Included Offense
(a) A finding or sentence of a court–martial may 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 finding […]
Section 13A-902 – Action by the Convening Authority
(a) The findings and sentence of a court–martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) (1) (i) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. (ii) A submission under subparagraph (i) of this paragraph shall be in […]
Section 13A-903 – Waiver of Right to Appeal
(a) (1) In each case subject to appellate review under this title, the accused may file with the convening authority a statement expressly waiving the right of the accused to such appeal. (2) Such a waiver shall be signed by both the accused and defense counsel for the accused and shall be filed in accordance with appellate procedures […]
Section 13A-904 – Appeal by the State
(a) (1) In a trial by general or special court–martial or in a pretrial proceeding under § 13A–601.1 of this title, the State may appeal the following: (i) an order or a ruling of the military judge that terminates the proceedings with respect to a charge or specification other than a finding of guilt; (ii) an order or a […]
Section 13A-905 – Rehearings
(a) (1) Each rehearing under this title shall take place before a court–martial composed of members who are not members of the court–martial that first heard the case. (2) On a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court–martial, and no sentence in excess […]
Section 13A-906 – Review by the Senior Force Judge Advocate
(a) (1) Each general and special court–martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. (2) The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating […]
Section 13A-907 – Disposition of Records After Review by the Convening Authority
Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.
Section 13A-908 – Review by Court of Military Appeals; Appointment, Powers, Practices, and Procedures
(a) (1) Decisions of a court–martial are from a court with jurisdiction to issue felony convictions and appeals are to the Court of Military Appeals. (2) The Court of Military Appeals shall follow the federal Manual for Courts–Martial and procedures as provided by the court of criminal appeals for the service of the defendant. (3) The court shall have […]