Subchapter IX · Post-Trial Procedure and Review of Courts-Martial
Article 64. Judge advocate review of finding of guilty in summary court-martial
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (7)(a) IN GENERAL.— Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:
(1) Conclusions as to whether—
(A) the court had jurisdiction over the accused and the offense;
(B) the charge and specification stated an offense; and
(C) the sentence was within the limits prescribed as a matter of law.
(2) A response to each allegation of error made in writing by the accused.
(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
(b) RECORD.— The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
(1) the judge advocate who reviewed the case recommends corrective action; or
(2) such action is otherwise required by regulations of the Secretary concerned.
(c)
(1) The person to whom the record of trial and related documents are sent under subsection (b) may—
(A) disapprove or approve the findings or sentence, in whole or in part;
(B) remit, commute, or suspend the sentence in whole or in part;
(C) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
(D) dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.
(3) If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General for review under section 869 of this title (article 69).
Cross-referencesCited by 7Cites 1
Cited by
Provisions elsewhere in the Manual whose text cites Article 64. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 201(a)(3) — Jurisdiction in general
…normally sits in the country where the offense is committed, and must do so under certain circumstances. See Articles 4, 64, and 66, Geneva Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949, 6 U.S.T.…
R.C.M. 1001(b)(2) — Presentencing procedure
…punishments under Article 15 and summary courts-martial after review has been completed pursuant to Article 64. “Personnel records of the accused” includes any records made or maintained in accordance with…
R.C.M. 1306(e) — Post-trial procedure, summary court-martial
…who took the incomplete, ambiguous, or erroneous action may be instructed by an authority acting under Article 64, 66, 67, 67a, or 69 to withdraw the original action and substitute a corrected action.
Military Rules of Evidence
Mil. R. Evid. 609(f) — Impeachment by evidence of a criminal conviction or finding of guilty by summary court-martial
…by summary court-martial may not be used for purposes of impeachment until review has been completed under Article 64. Evidence of the pendency is also admissible.
Uniform Code of Military Justice
…Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may—
Art. 69(b)(1)(A) — Review by Judge Advocate General
for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or
Art. 69(c)(1)(A) — Review by Judge Advocate General
In a case reviewed under section 864 of this title (article 64), the Judge Advocate General may set aside the findings or sentence, in whole or in part, on the grounds of…
Article 64 cites
Provisions named in the text of Article 64. Where the cited provision is on this site, the link opens it.