La. Admin. Code tit. 41 § II-706

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-706 - Convening Authority's Action

A. General. Upon completion of the legal review(s), the convening authority takes action on the case.

1. He may approve all or part of the adjudged sentence or for any or no reason disapprove the findings and sentence.

2. He may approve only findings of guilty and the sentence or part or amount of the sentence that he finds correct in law and fact and that he in his discretion determines should be approved (unless he indicates otherwise, approval of the sentence is approval of the findings).

3. If he approves any part of the adjudged sentence which has not been executed, he may order the approved sentence executed, or he may suspend the sentence. Exception: The record of trial of all general courts-martial and all special courts-martial in which the approved sentence includes dishonorable discharge must be reviewed by the State Judge Advocate General, after the convening authority's approval but before the sentence is ordered executed.

4. If the convening authority disapproves the findings and sentence, he may order a rehearing, except where there is a lack of evidence of guilt in the record to support the findings. When he disapproves the findings and sentence, he will state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he will dismiss the charges.

B. Concurrent or Consecutive Sentences. Unless otherwise specifically so designated by the military judge or court members, if a sentence to confinement is adjudged on two or more separate and distinct offenses, the convening authority may order the periods of confinement into execution consecutively (one punishment starts after the other has been served) or concurrently (the punishments are served at the same time).

C. Dismissal, Bad Conduct, or Dishonorable Discharge. If the adjudged sentence includes dismissal, bad conduct discharge, or dishonorable discharge and total forfeiture of all pay and allowances, and if the convening authority disapproves the dismissal, bad conduct discharge, or dishonorable discharge, he must mitigate the adjudged forfeitures. In doing so, he is bound by the same limitations which exist on the power of a court-martial to adjudge forfeitures.

La. Admin. Code tit. 41, § II-706

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2407 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).