130.69 – Execution of Sentence; Suspension of Sentence.
§ 130.69. Execution of sentence; suspension of sentence. (a) If in the case of a commissioned officer, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the adjutant general. In such a case, the adjutant general may commute, remit, or suspend […]
130.70 – Vacation of Suspension.
§ 130.70. Vacation of suspension. (a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or any court-martial sentence which includes confinement or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of […]
130.71 – Petition for a New Trial.
§ 130.71. Petition for a new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a […]
130.72 – Remission and Suspension.
§ 130.72. Remission and suspension. (a) The adjutant general and, when designated by him, the deputy adjutant general, chief of staff, state judge advocate, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the governor. (b) […]
130.72-A – Restoration.
§ 130.72-a. Restoration. (a) Under such regulations as the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part […]
130.72-B – Finality of Proceedings, Findings and Sentences.
§ 130.72-b. Finality of proceedings, findings and sentences. The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required […]
130.72-C – Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions.
§ 130.72-c. Leave required to be taken pending review of certain court-martial convictions. Under regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial will be carried in a leave status and will not participate in any training pending completion of action under this chapter if the sentence, as approved […]
130.64 – Disposition of Records.
§ 130.64. Disposition of records. (a) In a case subject to appellate review under section 130.65 of this article in which the right to such review is not waived, or an appeal is not withdrawn under section 130.61 of this article, the record of trial and action thereon shall be transmitted to the state judge […]
130.65 – Review by Board of Military Review and Approval by the Adjutant General.
§ 130.65. Review by board of military review and approval by the adjutant general. (a) The state judge advocate shall establish a board of military review which shall be composed of not less than three officers of the organized militia or on the state reserve list or state retired list, each of whom shall be […]
130.66 – Review by the Governor.
§ 130.66. Review by the governor. (a) The governor shall review the record in all cases reviewed by a board of military review and approved by the adjutant general in which, upon petition of the accused and on good cause shown, the governor grants such review. (b) The accused may petition the governor for a […]