If the convening authority disapproves the finding and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a hearing, he shall dismiss the charges.
Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
Structure Mississippi Code
Chapter 13 - Mississippi Code of Military Justice
Article 17 - Review of Courts-Martial
§ 33-13-403. Initial action on the record
§ 33-13-405. General court-martial records
§ 33-13-407. Reconsideration and revision
§ 33-13-411. Approval by the convening authority
§ 33-13-419. Precedents of other courts
§ 33-13-421. Appellate counsel
§ 33-13-425. Petition for a new trial
§ 33-13-431. Finality of proceedings, findings, and sentences