(1) No person may, without his consent, be tried a second time for the same offense. (2) No proceeding in which an accused has been found guilty by a court -martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. (3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of a vailable evidence or witnesses without any fault of the accused shall be a trial in the sense of this section.
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