(1) Conclusions at to whether–(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if–(A) the court had jurisdiction over the accused and the offense; (B) the charge and specification stated an offense; and (C) the sentence was within the limits prescribed as a matter of law.(2) A response to each allegation of error made in writing by the accused. (3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
(1) the judge advocate who reviewed the case recommends corrective action; (2) the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or (3) such action is otherwise required by regulations of the Secretary concerned.(c)
(1) The person to whom the record of trial and related documents are sent under subsection (b) may–(A) disapprove or approve the findings or sentence, in whole or in part; (B) remit, commute, or suspend the sentence in whole or in part; (C) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or (D) dismiss the charges.(2) If a rehearing is ordered by the convening authority finds a rehearing impracticable, he shall dismiss the charges. (3) If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to Judge Advocate General for review under section 869(b) of this title (article 69(b)).