§5904. Reconsideration and revision.  


Latest version.
  • (a) General rule.--The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.

    (b) Revision not authorized.--In no case may a proceeding in revision:

    (1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

    (2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or

    (3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.