HAR §7-6-2
HAR §7-6-2. Convening authority's action
Length: 273 wordsOfficial source
Cite as Haw. Code R. § 7-6-2
(a) The record of trial and review shall be forwarded to the convening authority for action.
(b) The convening authority may approve all or part of the adjudged sentence or disapprove the findings
Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 6: Convening Authority's Post-Trial Actions
State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 1 of 6)
and sentence; provided in general courts-martial, the convening authority shall refer the record to the
designated staff judge advocate pursuant to section 124A-93, HRS.
(c) If the convening authority approves any part of the adjudged sentence which has not been executed,
the convening authority may:
(1) Order the approved sentence into execution; or
(2) Suspend execution of the sentence as provided in section 7-6-3.
(d) If the convening authority disapproves the findings and sentence of a court-martial, the convening
authority may order a rehearing, except where there is a lack of evidence of guilt in the record to support
the findings. When the convening authority disapproves the findings and sentence, the reasons for
disapproval shall be stated. If the convening authority disapproves the findings and sentence and does not
order a rehearing, the charges shall be dismissed.
(e) If a member is sentenced to confinement as a result of two or more courts-martial, the convening
authority may order the periods of confinement into execution consecutively or concurrently as the
convening authority deems appropriate. "Consecutively" means that the punishment starts after the other
has been served. "Concurrently" means that the punishment shall be served at the same time. Fines shall
be due in the aggregate sum imposed and approved.