What if an Error After Action is Taken? RCM 1107(f)(2) Provides That:
Overview of what happens if an error after action is taken (see action by convening authority):
- Before publication or official notice to the accused, CA may recall and modify any aspect of action (including modification less favorable to the accused, such as adding the discharge approval language, as was required in United States v. Schiaffo , 43 M.J. 835 (A. Ct. Crim. App. 1996)).
- If either publication or official notice has occurred, CA may only make changes that do not result in action less favorable to the accused.
- CA must personally sign the modified action.
- Action after appellate court has the case is a nullity unless subsequent action is directed or case is returned to the CA for further action. United States v. Klein , 55 M.J. 752 (N-M. Ct. Crim. App. 2001).