Sec. 27-205. Convening authority may order rehearing.
Sec. 27-205. Convening authority may order rehearing. (a) If the convening
authority disapproves the findings and sentence of a court-martial he may, except where
there is lack of sufficient evidence in the record to support the findings, order a rehearing.
In such a case he shall state the reasons for disapproval. If he disapproves the findings
and sentence and does not order a rehearing, he shall dismiss the charges.
(b) Each rehearing shall take place before a court-martial composed of members
not members of the court-martial which first heard the case. Upon a rehearing the accused
may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess or more severe than the original sentence shall be
imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for
the offense is mandatory.
(1967, P.A. 717, S. 65.)