Review in the Office of the Guam Judge Advocate General

(a)The record of trial in each general court-martial that was not reviewed by the Guam Judge Advocate General in the § 63722.5 judge advocate or legal officer review of this Code shall be examined by the Guam Judge Advocate General if there is a finding of guilty and the accused does not waive or withdraw his right to review. If any part of the findings or sentence is found to be unsupported in law or, if reassessment of the sentence is appropriate, the Guam Judge Advocate General may modify or set aside the findings or sentence or both.

(b)The findings or sentence, or both, in a court-martial case not reviewed under subsection

(a)may be modified or set aside, in whole or in part, by the Guam Judge Advocate General on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such case is considered upon application of the accused, the application must be filed in the office of the Guam Judge Advocate General by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under § 63722.1 of this Code, unless the accused established good cause for failure to file within that time.

(c)If the Guam Judge Advocate General sets aside the findings or sentence, he may, except when 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. If the Guam Judge Advocate General orders a rehearing but the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.