, 35811-35812 [X15-290622]
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents
35811
"( 1) Discretion of convening authority. Any action to be taken on the findings and
sentence is within the sole discretion of the convening authority. The convening authority is
not required to review the case for legal errors or factual sufficiency."
(kk) R.C.M. 11 07(b)(3)(A)(iii) is amended to read as follows:
"(iii) Any matters submitted by the accused under R.C.M. 1105 or, if applicable, R.C.M.
1106(f);"
(Il) R.C.M. ll07(b)(3)(A)(iv) is amended to read as follows:
"(iv) Any statement submitted by a crime victim pursuant to R.C.M. 11 05A and subsection
(C) of this rule."
(mm) R.C.M. 1107(b)(3)(B)(i) is amended to read as
f~llows:
"(i) The record of trial, subject to the provisions ofR.C.M. 1103A and subsection (C) of this
(nn) R.C.M. 1107(c) is amended to read as follows:
"(c) Action on findings. Action on the findings is not required. However, the convening
authority may take action subject to .the following limitations:
(1) For offenses charged under subsection (a) or (b) of Article 120, offenses charged under
Article 120b, and offenses charged under Article 125:
(A) The convening authority is prohibited from:
(i) Setting aside any finding of guilt or dismissing a specification; or
(ii) Changing a finding of guilty to a charge or specification to a finding of guilty to
an offense that is a lesser included offense of the offense stated in the charge or specification.
(B) The convening authority may direct a rehearing in accordance with subsection (e) of
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this rule.
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents
(2) For offenses other than those listed in subsection (c)(l) of this rule for which the maximum
sentence of confinement that may be adjudged does not exceed two years without regard to the
jurisdictional limits of the court, and the sentence adjudged does not include dismissal, a
dishonorable discharge, bad-conduct discharge, or confinement for more than six months:
(A) The convening authority may change a finding of guilty to a charge or specification
to a finding of guilty to an offense that is a lesser included offense of the offense stated in the
charge or specification; or
(B) Set aside any finding of guilty and:
(i) Dismiss the specification and, if appropriate, the charge; or
(ii) Direct a rehearing in accordance with subsection (e) ofthis rule.
(3) If the convening authority acts to dismiss or change any charge or specification for an
offense, the convening authority shall provide, at the same time, a written explanation of the
reasons for such action. The written explanation shall be made a part of the record of trial and
action thereon."
(oo) R.C.M. 1107(d)(l) is amended to read as follows:
"( 1) In general.
(A) The convening authority may not disapprove, commute, or suspend, in whole or in
.
part, any portion of an adjudged sentence of confinement for more than six months .
(B) The convening authority may not disapprove, commute, or suspend that portion of an
adjudged sentence that includes a dismissal, dishonorable discharge, or bad-conduct discharge.
(C) The convening authority may disapprove, commute, or suspen4, in whole or in part,
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any pmiion of an adjudged sentence when doing so is not explicitly prohibited by this Rule.
]]>Agencies
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35811-35812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-290622]
[GRAPHIC] [TIFF OMITTED] TD22JN15.051
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