Guam § 63722 - Action by the Convening Authority.

§ 63722. Action by the Convening Authority.

(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority

after the announcement of the sentence.

(b) The accused may submit to the convening authority matters for consideration by the convening

authority with respect to the findings and the sentence. Such submissions shall be made within thirty (30)

days after the accused has been given an authenticated record of trial and, if applicable, the recommendation

of the staff judge advocate or legal officer under subsection (d) of this section. If the accused shows that

additional time is required for the accused to submit such matters, the convening authority or other person

taking action under this article, for good cause, may extend the period:

(1) in the case of a general court-martial or special court-martial which has adjudged a bad-

conduct discharge, for not more than an additional thirty (30) days;

(2) in the case of all other courts-martial, for not more than an additional twenty (20) days;

(3) [No text]

(A) The time periods used in this subsection shall not apply to accused and his counsel, if

said counsel is detailed military counsel, counsel and accused are or were on active duty during

the trial and continuously thereafter in which case the time limitations of Article 60, Uniform

Code of Military Justice, Chapter 47, Title 10 United States Code are applicable were the accused

and his military counsel are or were on duty for the necessary period of time considering time

requirements of said article.

(B) If accused has retained civilian counsel the time limitations in which to make a

submission under subsection (b) shall be governed by Article 60, Uniform Code of Military

Justice, Chapter 47, Title 10 United States Code.

(C) The accused may waive his right to make a submission to the convening authority. Such

waiver must be in writing and may not be revoked. For the purposes of subsection (c)(2), the time

within which the accused may make a submission under this subsection shall be deemed to have

expired upon the submission of such a waiver to the convening authority.

(c) [No text]

(1) The authority under this article to modify the findings and sentence of a court-martial is a

matter of command prerogative involving the sole discretion of the convening authority. Under

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disciplinary regulations, a commissioned officer commanding for the time being, a successor in

command, or any person exercising general court-martial jurisdiction may act under this article in

place of the convening authority.

(2) Action on the sentence of a court-martial shall be taken by the convening authority or by

another person authorized to act under this Subarticle. Subject to the disciplinary regulations, such

action may be taken only after consideration of any matters submitted by the accused under subsection

(b) and, if applicable, under subsection (d), or after the time for submitting such matters expires,

whichever is earlier. The convening authority or any other person taking such action, in his sole

discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.

(3) Action on the findings of a court-martial by the convening authority or other person acting on

the sentence is not required. However, such person, in his sole discretion, may:

(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or

(B) change a finding of guilty to a charge or specification to a finding of guilty of an offense

that is a lesser offense of the offense stated in the charge or specification.

(d) Before acting under this Subarticle on any general court-martial or special court-martial case that

includes a bad-conduct discharge, the convening authority or other person taking action under this article

shall obtain and consider the written recommendation of the staff judge advocate or legal officer. The

convening authority or other person taking action under this article shall refer the record of trial to his staff

judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the

preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall

include such matters as may be prescribed by regulation and shall be served on the accused, who shall have

a reasonable time from the date of receipt in which to submit any matter in response. In no case shall such

period of time be less than periods set out in § 63722.1(c). Failure to object in the response to the

recommendation or to any matter attached to the recommendation waives the right to object thereto.

(e) [No text]

(1) The convening authority or other person taking action under this article, in his sole discretion,

may order a proceeding in revision or a rehearing.

(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record

or if the record shows improper or inconsistent action by a court-martial with respect to the findings

or sentence that can be rectified without material prejudice to the substantial rights of the accused. In

no case, however, may a proceeding in revision:

(A) reconsider a finding of not guilty of any specification or ruling which amounts to a

finding of not guilty;

(B) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty

under a specification laid under that charge, which sufficiently alleges a violation of some

Subarticle of this Code; or

(C) increase the severity of some part of the sentence unless the sentence prescribed for the

offense is mandatory.

(3) A rehearing may be ordered by the convening authority or other person taking action under

this section if he disapproves the findings and sentence and states the reasons for disapproval of the

findings. If such person disapproves the findings and sentence and does not order a rehearing, he shall

dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient

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evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the

convening authority or other person taking action under this subsection disapproves the sentence.