Convening authorities retain limited power to reduce punitive discharges after initial action due to recent military justice reforms. Under the current system, convening authorities take action on sentences including approving, disapproving, or modifying punishments before forwarding cases for appellate review. However, once action is taken and cases are forwarded, convening authorities generally cannot recall cases to reduce discharges absent specific circumstances like fraud or mistake in the original action.
Post-action discharge modifications typically require clemency through service secretary boards or presidential pardons. The accused may petition military correction boards to upgrade discharge characterizations based on post-trial rehabilitation, legal errors, or equitable factors. These boards consider evidence of good conduct, stable employment, community service, and the passage of time. Success rates vary significantly based on offense severity and demonstrated rehabilitation.
During the initial action phase, convening authorities should carefully consider discharge appropriateness, as later modifications prove difficult. They may disapprove or commute punitive discharges to administrative separations, suspend discharge execution, or modify bad-conduct to honorable characterizations. Defense counsel should present compelling clemency matters before initial action, emphasizing rehabilitation potential and post-trial positive conduct. Once approved and forwarded, discharge modifications require navigating complex administrative processes with uncertain outcomes.