Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart I - POST-TRIAL PROCEDURE AND REVIEWS
Section 400.1030 - Action by the Convening Authority
Current through Register Vol. 48, No. 12, March 22, 2024
a) Who May Take Action. The convening authority shall take action on the sentence and, in the discretion of the convening authority, the findings, unless it is impractical. If it is impracticable for the convening authority to act, the convening authority shall, in accordance with regulations promulgated by the Adjutant General, forward the case to an officer exercising general court-martial jurisdiction who may take action. (See NGIL Reg. 27-10/NGIL-ANGI 51-202, paragraph 9-1(b)(1).)
b) Discretion to Modify. The authority to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority or other officer authorized to take action.
c) Action on the Sentence. Action may be taken only after consideration of any matters submitted by the accused, or after the time to submit them has expired, whichever is earlier. In his or her sole discretion, the convening authority or other officer authorized to take action may approve, disapprove, commute or suspend the sentence in whole or in part. The action may mitigate the sentence and change punishment to one of a different nature as long as the severity of the punishment is not increased. The action may not increase the punishment imposed by the court-martial. The action shall explicitly state approval or disapproval of the adjudged sentence.
d) Action on the Findings. The convening authority or other officer acting on the sentence is not required to take action on the findings. However, that person, in his or her sole discretion, may:
e) Revision and Rehearing. The convening authority or other person taking action, in the person's sole discretion, may order a proceeding in revision or rehearing.