10 U.S.C. § 867 — Art. 67. Review by the Court of Appeals for the Armed Forces

(a) The Court must review the record in (1) every case where a Court of Criminal Appeals affirmed a death sentence; (2) every case reviewed by a Court of Criminal Appeals that the Judge Advocate General orders sent to it after the required notifications; and (3) every such case in which, for good cause shown, it grants the accused’s petition. (b) The accused may petition within 60 days after the earlier of notice of the Court of Criminal Appeals’ decision or the date a copy of that decision, after being served on the accused’s appellate counsel of record, if any, is deposited for delivery by first-class certified mail to the accused’s provided address, or the latest address in the official service record if none was provided. The Court must act promptly under its rules. (c) In a reviewed case, the Court may act only on the judgment’s findings and sentence, or a military judge’s decision, judgment, or order, as the Court of Criminal Appeals affirmed or set aside as legally incorrect, and on findings that court affirmed, dismissed, set aside, or modified as factually incorrect under article 66(d)(1)(B). If the Judge Advocate General sent the case, the Court need address only the issues raised by him. On an accused’s petition, it need address only the issues in the grant of review. The Court may act only on legal matters. (d) If the Court sets aside the findings and sentence, it may order a rehearing unless the set-aside is based on insufficient record evidence. If it sets them aside without ordering a rehearing, it must order the charges dismissed. (e) After acting, the Court may direct the Judge Advocate General to return the record to the Court of Criminal Appeals for further review consistent with its decision. Otherwise, unless the President or Secretary concerned will act further, the Judge Advocate General must instruct the convening authority to follow the decision. If a rehearing was ordered but the convening authority finds it impracticable, that authority may dismiss the charges. If a special trial counsel referred the case, a special trial counsel must decide whether rehearing is impracticable and dismiss if so.