, 35813-35814 [X15-310622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35813 Actions affecting reduction in pay grade, forfeitures of pay and allowances, fines, reprimands, restrictions, and hard labor without confinement are not explicitly prohibited by this Rule. (D) The convening authority shall not disapprove, commute, or suspend any mandatory minimum sentence of dismissal or dishonorable discharge except in accordance with subsection (E) of this Rule. (E) Exceptions. (i) Trial counsel recommendation. Upon the recommendation of the trial counsel, in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the convening authority or another person authorized to act under this section shall have the authority to disapprove, commute, or suspend the adjudged sentence, in whole or in part, even with respect to an offense for which a mandatory minimum sentence exists. (ii) Pretrial agreement. If apretrial agreement has been entered into by the convening authority and the accused as authorized by R.C.M. 705, the convening authority shall have the authority to approve, disapprove, commute, or suspend a sentence, in whole or in part, pursuant to the tenns of the pretrial agreement. The convening authority may commute a mandatory sentence of a dishonorable discharge to a bad-conduct discharge pursuant to the terms of the pretrial agreement. (F) If the convening authority acts to disapprove, commute, or suspend, in whole or in part, the sentence of the court-martial 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." VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.053</GPH> tkelley on DSK3SPTVN1PROD with E0 (pp) R.C.M. ll07(d)(2) is amended to read as follows: 35814 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents "(2) Determining what sentence should be approved. The convening authority shall, subject to the limitations in subsection (d)( 1) above. approve that sentence that is warranted by the circumstances of the offense and appropriate for the accused." (qq) R.C.M. ll07(e)(l)(B)(ii) is amended to read as follows: "(ii) In cases subject to review by the Court of Criminal Appeals, before the case is forwarded under R.C.M. llll(a)(l) or (b)(l), but only as to any sentence that was approved or findings of guilty as were not disapproved in any earlier action. In cases of rehearing under subparagraph (c)(2) of this Rule, a supplemental action disapproving the sentence and some or all of the findings , as appropriate, shall be taken; or" (rr) R.C.M. 1107(e)(l)(C)(ii) is deleted. (ss) R.C.M. 1107(e)(l)(C)(iii) is renumbered as R.C.M. 1107(e)(l)(C)(ii). (tt) R.C.M. 1107(±)(2) is amended to read as follows: "(2) Modification of initial action. Subject to the limitations in subsections (c) and (d) of this Rule, the convening authority may recall and modify any action taken by that convening authority at any time before it has been published or before the accused has been officially notified. The convening authority may also recall and modify any action at any time prior to forwarding the record for review, as long as the modification does not result in action less favorable to the accused than the earlier action. In addition, in any special court-martial, the convening authority may recall and correct an illegal, erroneous, incomplete, or ambiguous action at any time before completion of review under R.C.M. 1112, as long as the correction does not result in action less favorable to the accused than the earlier action. When so directed by a higher reviewing authority or the Judge Advocate General, the convening authority shall VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.054</GPH> tkelley on DSK3SPTVN1PROD with E0 modify any incomplete, ampiguous, void, or inaccurate action noted in review of the record of

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35813-35814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-310622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.053


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