Section 124B-104 - Post-trial actions in summary courts-martial and certain general and special courts-martial(a) In a court-martial not specified in section 124B-103(b), the convening authority may: (1) Dismiss any charge or specification by setting aside the finding of guilty;(2) Change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense;(3) Disapprove the findings and the sentence and dismiss the charges and specifications;(4) Disapprove the findings and the sentence and order a rehearing as to the findings and the sentence;(5) Disapprove, commute, or suspend the sentence, in whole or in part; or(6) Disapprove the sentence and order a rehearing as to the sentence.(b) In a summary court-martial, the convening authority shall approve the sentence or take other action on the sentence under subsection (a).(c) Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment.(d) The convening authority may act under this section after entry of judgment in a general or special court-martial in the same manner as the convening authority may act under section 124B-103(j). The action shall be forwarded to the trial judge, who shall ensure appropriate modification of the entry of judgment and shall transmit the entry of judgment to the senior force judge advocate for appropriate action.(e) In accordance with rules adopted by the governor or adjutant general, a commissioned officer commanding a successor in command or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.(f) The convening authority shall not order a rehearing under this section: (1) As to the findings if there is insufficient evidence in the record to support the findings;(2) To reconsider a finding of not guilty of any specification or a ruling that amounts to a finding of not guilty; or(3) To reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge that sufficiently alleges a violation of law.(g) In determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of the offense in accordance with rules adopted by the governor or adjutant general. The rules shall include the matter required by section 124B-103(l).(h) In a general or special court-martial, the decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.(i) If the convening authority acts on the findings or sentence under subsection (a), the decision of the convening authority shall include a written explanation of the reasons for the action.Added by L 2022, c 286,§ 2, eff. 1/1/2023.