Records of trial by courts-martial shall be reviewed as follows:

1. (a) General court-martial records of trial will be reviewed as set forth in Section 903 of this code and the Governor's action on review of any such record of trial is final.
2. (b) In all other cases not covered by subsection (a), if the sentence of a special court-martial includes a dishonorable discharge, the entire record shall be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. After such review, the convening authority shall approve or disapprove the findings and sentence, and if the approved sentence includes a dishonorable discharge, whether or not suspended, the record and the opinion of the staff judge advocate or legal officer shall be forwarded to the State Judge Advocate for review. A sentence of dishonorable discharge shall not be ordered into execution until reviewed by the State Judge Advocate and approved by the Governor.
3. (c) In a case reviewable by the State Judge Advocate under subsection (b), the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the State Judge Advocate affirms the findings and the sentence to a dishonorable discharge, the entire record and his opinion will be forwarded to the Governor for approval. The entire record will then be returned to the convening authority with appropriate instructions. If the State Judge Advocate sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
4. (d) In a case reviewable by the State Judge Advocate under subsection (b), he shall instruct the convening authority to act in accordance with the final decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.
5. (e) The State Judge Advocate may order one or more boards of review, each composed of not less than three commissioned officers of the state military forces, each of whom must be a member of the bar of the highest court of the state. Each board of review shall review the record of trial referred to it by the State Judge Advocate. Boards of review have the same authority on review as the State Judge Advocate has under this section.
6. (f) All other special and summary court-martial records shall be sent to the staff judge advocate or legal officer of the appropriate force of the state military forces to be reviewed for legal sufficiency.

Laws 1963, SB 277, c. 148, § 907, emerg. eff. June 6, 1963.