(a)
(A) may act on the sentence of the court-martial only as provided in subsection (b), (c), or (d); and
(B) may not act on the findings of the court-martial.
(2) The courts-martial referred to in paragraph (1) are the following:
(A) A general or special court-martial in which the maximum sentence of confinement established under subsection (a) of section 856 of this title (article 56) for any offense of which the accused is found guilty is more than two years.
(B) A general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six months.
(C) A general or special court-martial in which the sentence imposed includes a dismissal, dishonorable discharge, or bad-conduct discharge.
(D) A general or special court-martial in which the accused is found guilty of a violation of subsection (a) or (b) of section 920 of this title (article 120), section 920b of this title (article 120b), or such other offense as the Secretary of Defense may specify by regulation.
(3) Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment.
(4) Under regulations prescribed by the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
(b)
(A) A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months.
(B) A sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
(C) A sentence of death.
(2) The convening authority may reduce, commute, or suspend any sentence not specified in paragraph (1).
(c)
(A) a sentence of confinement, in whole or in part; or
(B) a sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
(2) The convening authority may not, under paragraph (1)—
(A) suspend a mandatory minimum sentence; or
(B) suspend a sentence to an extent in excess of the suspension recommended by the military judge.
(d)
(2) Upon a recommendation by a trial counsel, designated in accordance with rules prescribed by the President, if the accused, after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
(3) In evaluating whether the accused has provided substantial assistance under this subsection, the convening authority may consider the presentence assistance of the accused.
(e)
(A) procedures for notice of the opportunity to make such submissions;
(B) the deadlines for such submissions; and
(C) procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of, or access to, any admitted, unsealed exhibits.
(2) The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.
(f)
(2) If, under this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for such action.
(3) If, under subsection (d)(2), the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the chief trial judge for appropriate modification of the entry of judgment, which shall be transmitted to the Judge Advocate General for appropriate action.
Effective Date
Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.