incorrect on the ground of an error of law unless the error 
materially prejudices the substantial rights of the accused. 
‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing 
authority with the power to approve or affirm a finding 
of guilty by a military commission under this chapter may 
approve or affirm, instead, so much of the finding as in-
cludes a lesser included offense. 
‘‘§ 950b. Review by the convening authority 
‘‘(a) NOTICE TO CONVENING AUTHORITY OF FIND-
INGS AND SENTENCE.—The findings and sentence of a 
military commission under this chapter shall be reported 
in writing promptly to the convening authority after the 
announcement of the sentence. 
‘‘(b) SUBMITTAL OF MATTERS BY ACCUSED TO CON-
VENING AUTHORITY.—(1) The accused may submit to the 
convening authority matters for consideration by the con-
vening authority with respect to the findings and the sen-
tence of the military commission under this chapter. 
‘‘(2)(A) Except as provided in subparagraph (B), a 
submittal under paragraph (1) shall be made in writing 
within 20 days afer accused has been given an authenti-
cated record of trial under section 949o(c) of this title. 
‘‘(B) If the accused shows that additional time is re-
quired for the accused to make a submittal under para-
graph (1), the convening authority may, for good cause, 
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extend the applicable period under subparagraph (A) for 
not more than an additional 20 days. 
‘‘(3) The accused may waive his right to make a sub-
mittal to the convening authority under paragraph (1). 
Such a waiver shall be made in writing and may not be 
revoked. For the purposes of subsection (c)(2), the time 
within which the accused may make a submittal under this 
subsection shall be deemed to have expired upon the sub-
mittal of a waiver under this paragraph to the convening 
authority. 
‘‘(c) ACTION BY CONVENING AUTHORITY.—(1) The 
authority under this subsection to modify the findings and 
sentence of a military commission under this chapter is 
a matter of the sole discretion and prerogative of the con-
vening authority. 
‘‘(2)(A) The convening authority shall take action on 
the sentence of a military commission under this chapter. 
‘‘(B) Subject to regulations prescribed by the Sec-
retary of Defense, action on the sentence under this para-
graph may be taken only after consideration of any mat-
ters submitted by the accused under subsection (b) or 
after the time for submitting such matters expires, which-
ever is earlier. 
‘‘(C) In taking action under this paragraph, the con-
vening authority may, in his sole discretion, approve, dis-
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approve, commute, or suspend the sentence in whole or 
in part. The convening authority may not increase a sen-
tence beyond that which is found by the military commis-
sion. 
‘‘(3) The convening authority is not required to take 
action on the findings of a military commission under this 
chapter. If the convening authority takes action on the 
findings, the convening authority may, in his sole discre-
tion, may— 
‘‘(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— 
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‘‘(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— 
‘‘(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 
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