As to number.
Article 39
ART. 39. As to number.—No person shall, without his consent, be tried a second time for the same offense; but no proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held to be a trial in the sense of this article until the reviewing and, if there be one, the confirming authority shall have taken final action upon the case. No authority shall return a record of trial to any court-martial for reconsideration of— An acquittal; or A finding of not guilty of any specification; or A finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some Article of War; or The sentence originally imposed, with a view to increasing its severity, unless such sentence is less than the mandatory sentence fixed by law for the offense or offenses upon which a conviction has been had. And no court-martial in any proceedings on revision, shall reconsider its findings or sentence in any particular in which a return of the record of trial for such reconsideration is herein before prohibited. F. PUNISHMENTS