10 USC 869 – Art. 69. Review by Judge Advocate General
(a)
(1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or
(2) with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).
(b)
(A) for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or
(B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c).
(2) The Judge Advocate General may, for good cause shown, extend the period for submission of an application, except that—
(A) in the case of an application for review of a summary court martial, the Judge Advocate may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A); and
(B) in case of an application for review of a general or special court-martial, the Judge Advocate may not consider an application submitted more than three years after the end of the applicable period under paragraph (1)(B).
(c)
(B) In setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
(C) If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
(D) If the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impractical, the convening authority shall dismiss the charges.
(2) In a case reviewed under section 865(b) of this title (article 65(b)), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was invalid under the law. If the Judge Advocate General determines that the waiver or withdrawal of an appeal was invalid, the Judge Advocate General shall send the case to the Court of Criminal Appeals.
(d)
(2) The Court of Criminal Appeals may grant an application under paragraph (1) only if—
(A) the application demonstrates a substantial basis for concluding that the action on review under subsection (c) constituted prejudicial error; and
(B) the application is filed not later than the earlier of—
(i) 60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or
(ii) 60 days after the date on which a copy of the decision of the Judge Advocate General is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record.
(3) The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal Appeals for purposes of section 870(c)(1) of this title (article 70(c)(1)).
(e)