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Cases reviewed by TJAG (Article 69(a))

  1. Those GCMs when the approved sentence does not include a dismissal, DD, or BCD,or confinement for a year or more (Article 69(a)).
  2. Those cases where a JA finds, under RCM 1112, that as a matter of law correctiveaction should be taken and the GCMCA does not take action that is at least as favorable to the accused as that recommended by the JA (RCM 1112(g)(l)).
  3. Cases which have been finally reviewed, but not reviewed by a CCA or TJAG (perRCM 1201(b)(1)), may sua sponte or upon application of the accused under Article 69(b) be reviewed on the grounds of:
    1. Newly discovered evidence.
    2. Fraud on the court.
    3. Lack of jurisdiction.
    4. Error prejudicial to the substantial rights of the accused.
    5. Appropriateness of the sentence.
  4. TJAG may consider if the sentence is appropriate and modify or set aside thefindings or sentence.
  5. TJAG has the power to authorize a rehearing.

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