5904 - Reconsideration and revision.

     § 5904.  Reconsideration and revision.        (a)  Reconsideration of motion dismissing specification.--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)  Record disclosing error or improper action.--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, may the     record be returned:            (1)  for reconsideration of a finding of not guilty of        any specification 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 part; or            (3)  for increasing the severity of the sentence unless        the sentence prescribed for the offense is mandatory.