Chapter XI · Post-Trial Procedure

R.C.M. 1110. Action by convening authority in certain general and special courts-martial

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (14)
(a) In general. This rule applies to the post-trial actions of the convening authority in any general or special court-martial not specified in R.C.M. 1109(a).
(b) Action on findings. In any court-martial subject to this rule, action on findings is not required; however, the convening authority may—
(1) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification; or
(2) Set aside any finding of guilty and—
(A) Dismiss the specification and, if appropriate, the charge; or
(B) Order a rehearing in accordance with the procedures set forth in R.C.M. 810. A rehearing may not be ordered as to findings of guilty when there is a lack of sufficient evidence in the record to support the findings of guilty of the offense charged or of any lesser included offense. A rehearing may be ordered, however, if the proof of guilt consisted of inadmissible evidence for which there is available an admissible substitute. A rehearing may be ordered as to any lesser offense included in an offense of which the accused was found guilty, provided there is sufficient evidence in the record to support the lesser included offense.
(c) Action on sentence.
(1) In any court-martial subject to this rule, action on the sentence is not required; however, the convening authority may disapprove, reduce, commute, or suspend, in whole or in part, the court-martial sentence. If the sentence is disapproved, the convening authority may order a rehearing on the sentence.
(2) In any court-martial subject to this rule, the convening authority, after entry of judgment, may reduce a sentence for substantial assistance in accordance with the procedures under R.C.M. 1109(e).
(d) Procedures. The convening authority shall use the same procedures as in subsections (d) and (h) of R.C.M. 1109 for any post-trial action on findings and sentence under this rule.
(e) Decision; forwarding of decision and related matters.
(1) No action. If the convening authority decides to take no action on the findings or sentence under this rule, the convening authority’s staff judge advocate or legal advisor shall notify the military judge of the decision.
(2) Action on findings. If the convening authority decides to act on the findings under this rule, the action of the convening authority shall be in writing and shall include a written statement explaining the reasons for the action. If a rehearing is not ordered, the affected charges and specifications shall be dismissed by the convening authority in the action. The convening authority’s staff judge advocate or legal advisor shall forward the action with the written explanation to the military judge to be attached to the record of trial.
(3) Action on sentence. If the convening authority decides to act on the sentence under this rule, the action of the convening authority on the sentence shall be in writing and shall include a written statement explaining the reasons for the action. If any part of the sentence is disapproved, the action shall clearly state which part or parts are disapproved. The convening authority’s staff judge advocate or legal advisor shall forward the action with the written explanation to the military judge to be attached to the record of trial.
Discussion
See R.C.M. 1104(b) addressing post-trial motions and proceedings to resolve allegations of error in the convening authority’s action under R.C.M. 1110.
Cross-referencesCited by 14Cites 5
Cited by

Provisions elsewhere in the Manual whose text cites R.C.M. 1110. Each link opens the citing provision.

Rules for Courts-Martial
…in writing or may disapprove, reduce, commute, or suspend the reprimand in accordance with R.C.M. 1109 or R.C.M. 1110.
Discussion under R.C.M. 1101(e)(4) — Statement of trial results
Correcting the Statement of Trial Results after the convening authority makes a decision under R.C.M. 1109 or R.C.M. 1110 should not ordinarily trigger the need for the convening authority to reconsider clemency unless the…
R.C.M. 1104(b)(1)(F) — Post-trial motions and proceedings
An allegation of error in the convening authority’s action under R.C.M. 1109 or 1110.
R.C.M. 1106(a) — Matters submitted by the accused
…to the convening authority for consideration in the exercise of the convening authority’s powers under R.C.M. 1109, 1110, or 1306.
R.C.M. 1106(b)(1) — Matters submitted by the accused
…any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to…
Discussion under R.C.M. 1106(c) — Matters submitted by the accused
…authority for consideration in deciding whether to take action on either the findings or sentence. See R.C.M. 1109 and 1110.
R.C.M. 1106A(a) — Matters submitted by crime victim
…to the convening authority for consideration in the exercise of the convening authority’s powers under R.C.M. 1109, 1110, or 1306.
R.C.M. 1106A(b)(2) — Matters submitted by crime victim
…an offense of which the accused was found guilty, and on which the convening authority may take action under R.C.M. 1109 or 1110, or the individual’s lawful representative or designee appointed by the military judge under these rules.
R.C.M. 1106A(c)(1) — Matters submitted by crime victim
…any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to…
R.C.M. 1107(b)(1) — Suspension of execution of sentence; remission
…sentence. The convening authority may suspend the execution of a court-martial sentence as authorized under R.C.M. 1109 or 1110.
…by the convening authority or the military judge. See generally R.C.M. 1104, R.C.M. 1107, R.C.M. 1109, and R.C.M. 1110. See R.C.M. 1002(b) for military judge alone sentencing and R.C.M. 1004 for sentencing in capital cases by…
R.C.M. 1111(e)(2) — Entry of judgment
…the military judge of the convening authority’s post-trial action or decision to take no action under R.C.M. 1109 or 1110, as applicable.
R.C.M. 1112(b)(7) — Certification of record of trial; general and special courts-martial
Any action by the convening authority under R.C.M. 1109 or 1110; and
Discussion under R.C.M. 1113(b)(2) — Sealed exhibits, proceedings, and other materials
…the sealed materials when providing a written explanation of the reason for such action, as directed under R.C.M. 1109 or 1110.
R.C.M. 1110 cites

Provisions named in the text of R.C.M. 1110. Where the cited provision is on this site, the link opens it.