(a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law of the State of Alabama.
(b) If the sentence of the court-martial extends to dismissal or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by the senior judge advocate and any action on that review under Section 31-2A-64 (Article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Section 31-2A-60 (Article 60) when so approved under that article.
(c) The convening authority may suspend the execution of any sentence or part thereof.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Part IX - Post-Trial Procedure and Review of Courts-Martial.
Section 31-2A-59 - (Article 59.) Error of Law; Lesser Included Offense.
Section 31-2A-60 - (Article 60.) Action by the Convening Authority.
Section 31-2A-61 - (Article 61.) Withdrawal of Appeal.
Section 31-2A-62 - (Article 62.) Appeal by the State.
Section 31-2A-63 - (Article 63.) Rehearings.
Section 31-2A-64 - (Article 64.) Review by the Senior Judge Advocate.
Section 31-2A-65 - (Article 65.) Disposition of Records After Review by the Convening Authority.
Section 31-2A-66 - (Article 66.) Military Court-Martial Review Panel.
Section 31-2A-67 - (Article 67.) Review by State Appellate Authority.
Section 31-2A-68 - (Article 68.) Reserved.
Section 31-2A-69 - (Article 69.) Reserved.
Section 31-2A-70 - (Article 70.) Appellate Counsel.
Section 31-2A-71 - (Article 71.) Execution of Sentence; Suspension of Sentence.
Section 31-2A-72 - (Article 72.) Vacation of Suspension.
Section 31-2A-73 - (Article 73.) Petition for a New Trial.
Section 31-2A-74 - (Article 74.) Remission and Suspension.
Section 31-2A-75 - (Article 75.) Restoration.
Section 31-2A-76 - (Article 76.) Finality of Proceedings, Findings, and Sentences.
Section 31-2A-76b - (Article 76b.) Lack of Mental Capacity or Mental Responsibility.