Section 400.1020  Matters Submitted by the Accused

a)         General.  After a sentence is adjudged in any court-martial under the Code, the accused may submit matters to the convening authority in accordance with this Section.

b)         Matters That May Be Submitted

1)         The accused may submit to the convening authority any matters that may reasonably tend to affect the convening authority's decision whether to disapprove any findings of guilty or to approve the sentence.  Submissions must be in writing.

2)         Submissions may include allegations of errors affecting the legality of the proceedings, portions or summaries of the record and copies of documentary evidence offered or introduced at trial, matters in mitigation not available at trial, and clemency recommendations from any person.

3)         The accused may waive his or her right to make a submission to the convening authority, provided the waiver is in writing.  Once accepted by the convening authority, waiver may not be revoked.

4)         Failure to object to matters in the State Judge Advocate's recommendation waives the right to object to that matter.

c)         Time Periods

1)         The accused may submit matters under this Section within the later of 30 days after the accused has been given an authenticated copy of the record of trial or, if applicable, the recommendation of a State Judge Advocate, or an addendum to the recommendation containing a new matter is served on the accused.

2)         If, within the 30-day period, the accused shows that additional time is required to submit the matters, the convening authority or other person taking action, for good cause shown, may extend the period to submit matters for an additional 20 days.  (Code Section 60(b)(1) and (2))