Sec. 27-204. Return of record to court for reconsideration or correction of error.
Sec. 27-204. Return of record to court for reconsideration or correction of
error. (a) If a specification before a court-martial has been dismissed on motion and
the ruling does not amount to a finding of not guilty, the convening authority may return
the record to the court for reconsideration of the ruling and any further appropriate
action.
(b) Where there is an apparent error or omission in the record or where the record
shows improper or inconsistent action by a court-martial with respect to a finding or
sentence which can be rectified without material prejudice to the substantial rights of
the accused, the convening authority may return the record to the court for appropriate
action. In no case, however, shall the record be returned: (1) For reconsideration of
a finding of not guilty, or a ruling which amounts to a finding of not guilty; (2) for
reconsideration of a finding of not guilty of any charge, unless the record shows a finding
of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code, or (3) for increasing the severity of the sentence unless
the sentence prescribed for the offense is mandatory.
(1967, P.A. 717, S. 64.)