What if an error is discovered after action is taken?

RCM 1107(f)(2) provides that:

  1. Before publication or official notice to the accused, CA may recall and modify anyaspect of action (including modification less favorable to the accused, such as adding the discharge approval language, as was required in United States v. Schiaffo , 43 M.J. 835 (A. Ct. Crim. App. 1996)).
  2. If either publication or official notice has occurred, CA may only make changes thatdo not result in action less favorable to the accused.
  3. CA must personally sign the modified action.
  4. Action after appellate court has the case is a nullity unless subsequent action isdirected or case is returned to the CA for further action. United States v. Klein , 55 M.J. 752 (N-M. Ct. Crim. App. 2001).

False Accusations of Sexual Assault in the Military & Why Are They So Common?

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