40.203. Review--prohibited, when--general court-martial--bad conduct discharge, special court-martial--all other special and summary courts-martial.
Review--prohibited, when--general court-martial--bad conductdischarge, special court-martial--all other special and summarycourts-martial.
40.203. 1. When the governor has taken final action in acourt-martial case in which he is the convening authority, thereshall be no further review.
2. When a convening authority other than the governor hastaken final action in a general court-martial case, he shallforward the entire record, including his action thereon and theopinion 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 approvedby the convening authority includes a bad conduct discharge,whether or not suspended, the record shall be forwarded to theofficer exercising general court-martial jurisdiction over thecommand to be reviewed in the same manner as a record of trial bya general court-martial. If the sentence as approved by anofficer exercising general court-martial jurisdiction includes abad conduct discharge, whether or not suspended, the record shallbe forwarded to the state judge advocate.
4. All other special and summary court-martial records shallbe reviewed by a judge advocate of the army national guard or airnational guard and shall be transmitted and disposed of as theadjutant general may prescribe by regulations.
(L. 1984 H.B. 1035 § 66)