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what is article 136 ucmj

Date : 13-03-2023

Article 136 of the Uniform Code of Military Justice (UCMJ) is known as the "Commander's Power to Modify or Set Aside Conviction." This article provides commanding officers with the power to modify or set aside the findings and sentence of a court-martial, including those resulting in a guilty verdict.

The article states that a commanding officer may set aside a conviction or reduce the sentence if they believe that the findings or sentence are unjust or inappropriate. However, a commanding officer cannot increase the sentence imposed by the court-martial.

This article is intended to provide a safeguard against unjust or inappropriate results in court-martial proceedings. However, it is important to note that this power should be used sparingly and only in cases where it is clearly justified.