Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial
Effective Aug 28, 1984(L. 1984 H.B. 1035 § 66)
- 1. When the governor has taken final action in a court-martial case in which he is the convening authority, there shall be no further review.
- 2. When a convening authority other than the governor has taken final action in a general court-martial case, he shall forward the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the state judge advocate.
- 3. Where the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the record shall be forwarded to the officer exercising general court-martial jurisdiction over the command to be reviewed in the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad conduct discharge, whether or not suspended, the record shall be forwarded to the state judge advocate.
- 4. All other special and summary court-martial records shall be reviewed by a judge advocate of the Army National Guard or Air National Guard and shall be transmitted and disposed of as the adjutant general may prescribe by regulations.
(L. 1984 H.B. 1035 § 66)