‘‘(A) dismiss any charge or specification by set-
ting aside a finding of guilty thereto; or 
‘‘(B) change a finding of guilty to a charge to 
a finding of guilty to an offense that is a lesser in-
cluded offense of the offense stated in the charge. 
‘‘(4) The convening authority shall serve on the ac-
cused or on defense counsel notice of any action taken by 
the convening authority under this subsection. 
‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Sub-
ject to paragraphs (2) and (3), the convening authority 
of a military commission under this chapter may, in his 
sole discretion, order a proceeding in revision or a rehear-
ing. 
‘‘(2)(A) Except as provided in subparagraph (B), a 
proceeding in revision may be ordered by the convening 
authority if— 
‘‘(i) there is an apparent error or omission in 
the record; or 
‘‘(ii) the record shows improper or inconsistent 
action by the military commission with respect to 
the findings or sentence that can be rectified without 
material prejudice to the substantial rights of the 
accused. 
‘‘(B) In no case may a proceeding in revision— 
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‘‘(i) reconsider a finding of not guilty of a spec-
ification or a ruling which amounts to a finding of 
not guilty; 
‘‘(ii) reconsider a finding of not guilty of any 
charge, unless there has been a finding of guilty 
under a specification laid under that charge, which 
sufficiently alleges a violation; or 
‘‘(iii) increase the severity of the sentence un-
less the sentence prescribed for the offense is man-
datory. 
‘‘(3) A rehearing may be ordered by the convening 
authority if the convening authority disapproves the find-
ings and sentence and states the reasons for disapproval 
of the findings. If the convening authority disapproves the 
finding and sentence and does not order a rehearing, the 
convening authority shall dismiss the charges. A rehearing 
as to the findings may not be ordered by the convening 
authority when there is a lack of sufficient evidence in the 
record to support the findings. A rehearing as to the sen-
tence may be ordered by the convening authority if the 
convening authority disapproves the sentence. 
‘‘§ 950c. Appellate referral; waiver or withdrawal of 
appeal 
‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE RE-
VIEW.—Except as provided under subsection (b), in each 
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case in which the final decision of a military commission 
(as approved by the convening authority) includes a find-
ing of guilty, the convening authority shall refer the case 
to the Court of Military Commission Review. Any such re-
ferral shall be made in accordance with procedures pre-
scribed under regulations of the Secretary. 
‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) In each 
case subject to appellate review under section 950f of this 
title, except a case in which the sentence as approved 
under section 950b of this title extends to death, the ac-
cused may file with the convening authority a statement 
expressly waiving the right of the accused to such review. 
‘‘(2) A waiver under paragraph (1) shall be signed 
by both the accused and a defense counsel. 
‘‘(3) A waiver under paragraph (1) must be filed, if 
at all, within 10 days after notice on the action is served 
on the accused or on defense counsel under section 
950b(c)(4) of this title. The convening authority, for good 
cause, may extend the period for such filing by not more 
than 30 days. 
‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in 
which the sentence as approved under section 950b of this 
title extends to death, the accused may withdraw an ap-
peal at any time. 
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