§ 5904. Reconsideration and revision.
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§ 5904. Reconsideration and revision.
(a)General rule.-- The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.
(b)Revision not authorized.-- In no case may a proceeding in revision:
(1)reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2)reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or
(3)increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
51c5905s