40.208. Boards of review--appointment--membership--qualifications--powers and duties. - Missouri Statutes

Boards of review--appointment--membership--qualifications--powers andduties.

40.208. 1. The state judge advocate may constitute one ormore boards of review, each composed of not less than threecommissioned officers, each of whom shall be a member of theMissouri Bar and one of whom shall be a judge advocate of thearmy or air national guard.

2. In a case referred to it, the board of review may actonly with respect to the findings and sentence as approved by theconvening authority. It may affirm only such findings of guilty,and the sentence or such part or amount of the sentence, as itfinds correct in law and fact and determines, on the basis of theentire record, should be approved. In considering the record itshall have authority to weigh the evidence, judge the credibilityof witnesses, and determine controverted questions of fact,recognizing that the trial court saw and heard the witnesses.

3. If the board of review sets aside the findings andsentence, it may, except where the setting aside is based on lackof sufficient evidence in the record to support the findings,order a rehearing. If it sets aside the findings and sentenceand does not order a rehearing, it shall order that the chargesbe dismissed.

4. The state judge advocate shall, unless there is to befurther action by the governor, instruct the convening authorityto take action in accordance with the decision of the board ofreview. If the board of review has ordered a rehearing but theconvening authority finds a rehearing impracticable, he maydismiss the charges.

5. In the event one or more boards of review are constitutedin accordance with this section, the state judge advocate shallprescribe uniform rules of procedure for proceedings in andbefore such board or boards of review.

(L. 1984 H.B. 1035 § 68)