§ 44-3314. Execution of dismissal or discharge upon final judgment or review.

A.  If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 69 of this act, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings.  A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 76 of this act, and is deemed final by the law of the state where the judgment was had.

B.  If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 69 of this act, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review under Section 72 of this act is completed.  Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Section 68 of this act when so approved under that article.

Added by Laws 2007, c. 86, § 80, eff. Nov. 1, 2007.