Article 15: Difference between revisions

In acting on an appeal, or even in cases in which no appeal has been filed, the superior authority may exercise the same power with respect to the disciplinary measure imposed as the officer who imposed the disciplinary measure. Thus, the reviewing authority may:

(1) approve the disciplinary measure in whole;

(2) mitigate, remit, or set aside the disciplinary measure to correct errors;

(3) mitigate, remit, or suspend (in whole or in part) the disciplinary measure for reasons of clemency;

(4) dismiss the case (If this is done, the reviewer must direct the restoration of all rights, privileges, and property lost by the accused by virtue of the imposition of disciplinary measure.); or

(5) authorize a rehearing where there are substantial procedural errors not amounting to a finding of insufficient evidence to impose NJD. At the rehearing, however, the disciplinary measure imposed may be no more severe than that imposed during the original proceedings, unless other offenses which occurred subsequent to the date of the original proceeding are added to the original offenses. If the accused, while not attached to or embarked in a vessel, waived his right to demand trial by court-martial at the original proceedings, he may not assert this right as to those same offenses at the rehearing but may assert the right as to any new offenses at the rehearing.

Upon completion of action by the reviewing authority, the service member shall be promptly notified of the result.