Review by a Judge Advocate. Article 64, UCMJ; RCM 1112
Overview of the review by a judge advocate in post-trial processes:
- Each general court-martial in which the accused has waived or withdrawn appellatereview under RCM 1110.
- Each special court-martial in which the accused has waived or withdrawn appellatereview under RCM 1110 or in which the approved sentence does not include a BCD or confinement for one year.
- Each summary court-martial.
A JA shall review, under service regulations, each case not reviewed under Article 66. AR27-10, para. 5-46 b , says this review may be done either by a JA in the Office of the SJA of the convening command or by a JA otherwise under the technical supervision of the SJA.
No review required for: total acquittal, a finding of not guilty only by reason of a lack ofmental responsibility, or where the CA disapproved all findings of guilty.
Disqualification of reviewer for prior participation in case.
The review shall be in writing. It shall contain conclusions as to whether the court-martialhas jurisdiction over the accused and the offenses, each specification states an offense, and the sentence is legal. The review must respond to each allegation of error made by the accused under RCM 1105, 1106(f), or filed with the reviewing officer directly. If action on the ROT is required by the CA, a recommendation as to the appropriate action and an opinion as to whether corrective action is required must be included.
The ROT shall be sent to the GCMCA over the accused at the time the court-martial was held(or to that officer’s successor) for supplementary action if: (1) the reviewer recommends corrective action; (2) the sentence approved by the CA includes dismissal, a DD or BCD or confinement in excess of six months; or, (3) service regulations require it.
If the reviewing JA recommends corrective action but the GCMCA acts to the contrary, theROT is forwarded to the Judge Advocate General concerned for review under RCM 1201(b)(2). RCM 1112(g)(1).
If the approved sentence includes dismissal, the service Secretary concerned must review thecase.