P.R. Laws tit. 25, § 2707
(a) When the convening authority intervening is the Governor, except in the cases provided by § 2710(b) of this title, his action on reviewing any record of trial shall be final.
(b) In all other cases not covered by subsection (a) of this section, if the sentence of a special court-martial, as approved, by the convening authority includes a bad-conduct discharge, whether or not suspended, the record shall be sent to the appropriate staff judge advocate to be reviewed in the manner prescribed in this section. The record and the opinion of the staff judge advocate shall be sent to the Judge Advocate of Puerto Rico for his review.
(c) All other special and summary court-martial records shall be reviewed by a judge advocate and shall be forwarded and disposed of, as the Governor may prescribe by regulations.
(d) The Judge Advocate of Puerto Rico shall review the record of the trial in each case, as provided in subsection (b) of this section. If the final action in a case sent to the Judge Advocate of Puerto Rico has resulted in an acquittal of all charges and specifications, the opinion of the Judge Advocate of Puerto Rico is limited only to questions of jurisdiction.
(e) The Judge Advocate of Puerto Rico shall take final action in any case reviewable by him.
(f) In any case reviewable by the Judge Advocate of Puerto Rico under this section, the Judge Advocate of Puerto Rico may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, what should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the Judge Advocate of Puerto Rico sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
(g) In cases reviewable by the Judge Advocate of Puerto Rico under this section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
History —June 23, 1969, No. 62, p. 117, § 1206, eff. 90 days after June 23, 1969.