OPINION OF THE COURT
CAMPANELLA, Judge:
A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of failing to obey a lawful general regulation by possessing synthetic cannabi-noids and wrongfully manufacturing methamphetamine, in violation of Articles 92 and 112a, Uniform Code of Military Justice, 10 U.S.C. §§ 892 and 912a [hereinafter UCMJ]. The military judge sentenced appellant to a bad-eonduet discharge, confinement for ten months, and forfeiture of all pay and allowances. The convening authority approved only so much of the sentence as provided for a bad-conduct discharge and confinement for nine months.1 The convening authority credited appellant with forty-four days against the sentence to confinement.
This ease is before us for review pursuant to Article 66, UCMJ. Appellant raises one assignment of error, claiming the Article 112a, UCMJ, charge and its specification of manufacturing methamphetamine should be dismissed. Appellant asserts the government possessed exculpatory information that indicated the substance produced was not actually methamphetamine. Appellant further asserts the government’s failure to disclose this information is a constitutional due process violation. We find this matter warrants discussion and relief.
BACKGROUND
Appellant lived on-post at Fort Campbell, Kentucky. He shared his two-bedroom quarters with another soldier, Private First Class (PFC) BB, and that soldier’s wife, TS.2
On 25 September 2011, PFC BB asked appellant to purchase pseudoephedrine for him and his wife, expressly intending to use it to manufacture methamphetamine. Knowing PFC BB’s intention, appellant purchased the pseudoephedrine and gave it to PFC BB andTS.
That same day, appellant became aware that PFC BB was manufacturing methamphetamine inside appellant’s quarters when he smelled “chemicals” emanating from the laundry room. When appellant checked to see what was causing the odor, he found PFC BB and TS “making meth.” Appellant, surprised that PFC BB was manufacturing methamphetamine inside his quarters, told PFC BB to immediately stop and to leave the house by the next morning.
The next morning, appellant observed that “everything [was] out of the house,” but PFC BB and his wife had not left. Appellant and PFC BB then went to physical training. Af-terwards, PFC BB asked appellant again to buy him pseudoephedrine. Again, knowing PFC BB’s purpose was to manufacture methamphetamine, appellant bought PFC BB the pseudoephedrine. Appellant also purchased synthetic eannabinoids that morning.
Later that day, appellant reported PFC BB’s methamphetamine manufacturing enterprise to his chain of command and gave his consent to search his quarters. A search was conducted and a makeshift methamphetamine lab was found. The dangerous materials from the lab were destroyed by local civilian law enforcement at the request of Fort Campbell authorities. The remaining lab materials and chemicals were seized by Army criminal investigators and sent to a [608]*608laboratory for drug testing. Synthetic ean-nabinoids were also seized from the home.
The original charges preferred against appellant included, inter alia, Article 112a, UCMJ, wrongful manufacture of methamphetamine, as well as attempted manufacture of methamphetamine, a violation of Article 80, UCMJ.
Prior to the government receiving the drug test results from the laboratory, appellant entered into a pretrial agreement with the government to plead guilty to the wrongful manufacture of one gram of methamphetamine, and to an Article 92, UCMJ, offense for failing to obey a lawful general regulation by possessing synthetic cannabinoids. In exchange, the government agreed to limit appellant’s sentence to confinement and to dismiss with prejudice all of the charges and specifications to which appellant pleaded not guilty, including the attempted manufacture of methamphetamine.
As part of the pretrial agreement, appellant agreed to enter into a stipulation of fact with the government. A civilian police seizure report attached as an enclosure to the stipulation of fact indicated that 5.5 grams of methamphetamine had been seized from appellant’s home.
On 24 January 2012, consistent with the pretrial agreement, the providence inquiry, and the stipulation of fact, the military judge accepted appellant’s pleas of guilty and dismissed with prejudice the Article 80, UCMJ, charge and its specification of attempted manufacture of methamphetamine.
While in confinement, appellant encountered PFC BB, who had been tried after appellant’s court-martial. Private First Class BB informed appellant that PFC BB and his wife had apparently been unsuccessful in their attempts to actually create methamphetamine in appellant’s quarters on 25 and 26 September 2011. Accordingly, PFC BB only pleaded guilty to and was convicted of attempted manufacture of methamphetamine.
By the time appellant learned this information from PFC BB, the convening authority had already taken action on appellant’s ease.
Appellant asks this court to consider materials outside his record of trial, but within PFC BB’s record of trial, to determine whether the government possessed exculpatory information or not. The materials from PFC BB’s record of trial include: (1) an excerpt from PFC BB’s Article 32, UCMJ, pretrial investigation’s non-verbatim summarized transcript; (2) PFC BB’s offer to plead guilty; (3) the stipulation of fact from BB’s case; (4) PFC BB’s charge sheet; and (5) an excerpt from PFC BB’s trial transcript.
Private First Class BB’s Article 32, UCMJ, investigation took place on 7 February 2012, fourteen days after appellant’s guilty plea and conviction. The investigation transcript contains summarized testimony from an Army drug suppression agent who testified that on the preceding Friday (3 February 2012), Army criminal investigators received the chemical laboratory results for the substances submitted for testing from the methamphetamine laboratory crime scene at appellant’s home. In response to government questions about the government laboratory results, the agent stated “no meth was revealed, just the precursors to create meth such as Sudafed,” but on cross examination, the agent further stated “we are still unsure of [sic] what [PFC BB] had at the scene was meth.” In PFC BB’s case, the government stipulated that the unknown substance created was not, in fact, methamphetamine.
The actual laboratory results are not included in the materials submitted to this court for review by appellant. Appellant submits that, to date, the government has not provided him the actual results of the laboratory drug tests. Appellate defense counsel has not asked this court to order such a disclosure. There is nothing in appellant’s record of trial or appellate filings to suggest that appellant requested discovery of such evidence before, during, or after his court-martial.
LAW AND DISCUSSION
At the outset, we note this opinion addresses the government’s obligation to disclose exculpatory information involving appellant’s ease that is within its possession [609]*609post-trial but prior to action by the convening authority.
This opinion does not address Rule for Courts-Martial [hereinafter R.C.M.] 1210 or Article 73, UCMJ, regarding appellant’s right to petition for a new trial based on newly discovered evidence. Nor do we address R.C.M. 910(j) regarding appellant’s waiver of objections to the factual basis upon which his plea of guilty was made. To the extent that we consider information outside the record, we do so for the purposes of analyzing the collateral matter of due process — not for legal sufficiency purposes. See United States v. Roane, 43 M.J. 93, 99 (C.A.A.F.1995); United States v. Dykes, 38 M.J. 270, 272 (C.M.A.1993); United States v. Davenport, 9 M.J. 364, 367 (C.M.A.1980); United States v. Peele, 46 M.J. 866, 868 (Army Ct.Crim.App.1997).
Further, this opinion does not address R.C.M. 701(d) which places a time limit on the discovery requirement stating, “[i]f, before or during the court-martial, a party discovers additional evidence or material previously requested or required to be produced ... that party shall promptly notify the other party or the military judge of the existence of the additional evidence or material.” R.C.M. 701(d) (emphasis added).
In his assignment of error, appellant asserts the Article 112a, UCMJ, charge and its specification should be dismissed based on a due process violation. Specifically, appellant alleges: (1) before the convening authority took action, the government possessed exculpatory information; (2) the government did not disclose this information; and (3) this information indicated the substance produced in appellant’s case was not methamphetamine.
Appellant argues that although the exculpatory information, in the form of negative laboratory results, came to light after his guilty plea, the Supreme Court’s decision in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), nonetheless requires the government to provide him with exculpatory information — even after the gavel has fallen. Appellant asserts the government’s failure to disclose this information deprived him of his right to constitutional due process and the post-trial clemency rights afforded him under the UCMJ and Rules for Courts-Martial. Appellant further asserts government counsel had an ethical obligation to provide the laboratory results to the defense. Appellant claims the appropriate remedy in this case is dismissal of the charge and its specification because the military judge previously dismissed with prejudice the lesser included offense of attempt to manufacture methamphetamine. In the alternative, appellant asks this court to affirm only the offense of attempted manufacture of methamphetamine. We find under the facts of this case, a Brady violation occurred in that the government, prior to convening authority action, had in its possession exculpatory information material to guilt or punishment that it did not disclose. As such, we provide relief in our decretal paragraph.
Application of Brady in the Post-Trial Context
The Due Process Clauses of the Fifth and Fourteenth Amendments impose certain duties upon the government to ensure “that ‘justice shall be done’ ” in all criminal prosecutions. United States v. Agurs, 427 U.S. 97, 111, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976) (quoting Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629, 79 L.Ed. 1314 (1935)). In Brady, the Supreme Court held “the suppression by the prosecution of evidence favorable to an accused ... violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or the bad faith of the prosecution.” 373 U.S. at 87, 83 S.Ct. 1194.
In subsequent cases, the Supreme Court provided guidance on judging Brady claims. To establish that a Brady violation undermines a conviction, a convicted defendant must make each of three showings: (1) the evidence at issue is “favorable to the accused, either because it is exculpatory, or because it is impeaching;” (2) the government suppressed the evidence, “either willfully or inadvertently;” and (3) the information was material in that “prejudice ... ensued.” Strickler v. Greene, 527 U.S. 263, 281, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999); see also Banks v. Dretke, 540 U.S. 668, 691, 124 S.Ct. [610]*6101256, 157 L.Ed.2d 1166 (2004). A successful Brady claim, by its nature, calls into question the underlying conviction or sentence. Because it is a constitutional obligation, the Supreme Court later instructed that Brady evidence must be disclosed regardless of whether the defendant makes a request for exculpatory evidence. Agurs, 427 U.S. at 107, 96 S.Ct. 2392. With regard to materiality, “evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985) (separate opinion of Blackmun, J., joined by O’Connor, J.). A reasonable probability is defined as “a probability sufficient to undermine confidence in the outcome.” Id.
In Kyles v. Whitley, 514 U.S. 419, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995), the Supreme Court explained:
[A] showing of materiality does not require demonstration by a preponderance that disclosure of the suppressed evidence would have resulted ultimately in the defendant’s acquittal Bagley's touchstone of materiality is a “reasonable probability” of a different result, and the adjective is important. The question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence. A “reasonable probability” of a different result is accordingly shown when the Government’s evidentiary suppression “undermines confidence in the outcome of the trial.”
Id. at 434, 115 S.Ct. 1555 (citing Bagley, 473 U.S. at 678, 105 S.Ct. 3375).
The Supreme Court elaborated:
[Ojnee a reviewing court applying Bagley has found constitutional error there is no need for further harmless-error review. Assuming arguendo that a harmless-error enquiry were to apply, a Bagley error could not be treated as harmless, since a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different, necessarily entails the conclusion that the suppression must have had substantial and injurious effect or influence in determining the ... verdict.
Kyles, 514 U.S. at 435, 115 S.Ct. 1555 (internal quotation marks and citations omitted).
Under Brady and its progeny, it is firmly settled that a criminal defendant has a constitutional right to obtain all material evidence — known to the government before and during trial — that is favorable to the defendant’s case. The Supreme Court’s application of Brady in a post-trial context is less clear.3
Numerous federal and state courts have extended Brady in the post-conviction context.4 However, in 2009, the Supreme Court found the government does not have a continuing Brady obligation post-conviction, and the Constitution does not require states to turn over evidence post-conviction for DNA testing. District Attorney’s Office for Third Judicial District v. Osborne, 557 U.S. 52, 129 S.Ct. 2308, 174 L.Ed.2d 38 (2009). The Court reasoned that Brady provides no support for such a constitutional right and that “ ‘once a defendant has been afforded a fair trial and convicted ... the presumption of innocence disappears.’ ” Id. at 69, 129 S.Ct. 2308 (quoting Herrera v. Collins, 506 U.S. 390, 399, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993)). The convicted have “only a limited [611]*611interest in post-conviction relief.” Osborne, 557 U.S. at 69, 129 S.Ct. 2308. However, here, we readily distinguish Osborne’s applicability to the current scenario.
Osborne dealt with a collateral attack — not a scenario where the conviction was not yet final. Both, the conviction and sentence had already been affirmed on direct appeal in Osborne. Id. at 58, 129 S.Ct. 2308. Furthermore, Osborne sought the opportunity to access and test DNA evidence already in the possession of the government with the hope of producing yet uncreated exculpatory results. While finding post-conviction due process rights are “not parallel” to trial due process rights, the Supreme Court did not unambiguously foreclose the possibility that Brady obligations may continue through direct appeal. Id. at 69, 129 S.Ct. 2308.
Prior to Osborne, the Supreme Court signaled that a prosecutor’s Brady duties may indeed survive the conclusion of trial. See Imbler v. Pachtman, 424 U.S. 409, 427 n.25, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (observing that after a conviction, prosecutors are “bound by the ethics of [their] office to inform the appropriate authority of after-acquired or other information that casts doubt upon the correctness of the conviction”). As far back as 1915, the Supreme Court held that when a state grants a criminal defendant a right to direct appeal, “the proceedings in the appellate tribunal are ... part of the process of law under which he is held in custody by the state, and to be considered in determining any question of alleged deprivation of his life or liberty contrary to the Fourteenth Amendment.” Frank v. Mangum, 237 U.S. 309, 327, 35 S.Ct. 582, 59 L.Ed. 969 (1915); see also Evitts v. Lucey, 469 U.S. 387, 393, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985) (“[I]f a State has created appellate courts as an integral part of the ... system for finally adjudicating the guilt or innocence of a defendant, ... the procedures used in deciding appeals must comport with the demands of the Due Process and Equal Protection Clauses of the Constitution.”) (internal quotation marks and citations omitted).
More recently, the United States Court of Appeals for the Seventh Circuit observed that:
[A] defendant’s conviction is not final as a matter of law until he exhausts the direct appeals afforded to him, and, until that exhaustion, he is entitled to the full breadth of due process available. See also Gonzalez v. Thaler, — U.S. -, 132 S.Ct. 641, 645-46, 652-54, 181 L.Ed.2d 619 (2012) (holding that “[f]or petitioners who pursue direct review all the way to [the Supreme Court], the judgment becomes final at the conclusion of direct review— when this Court affirms a conviction on the merits or denies a petition for certiora-ri [and that] [f]or all other petitioners, the judgment becomes final at the expiration of the time for seeking such review — -when the time for pursuing direct review in this Court, or in state court, expires”); Skinner v. Switzer, 562 U.S. 521, 131 S.Ct. 1289, 1303, 179 L.Ed.2d 233 (2011) (Thomas, J., dissenting) (explaining that “[t]rial procedures are used to initially convict a prisoner; appellate procedures review the validity of that conviction before it becomes final; and collateral review procedures permit challenge to the conviction after it is final”) (emphasis added).
Fields v. Wharrie, 672 F.3d 505, 515 (7th Cir.2012).
The Seventh Circuit further instructed that the government’s Brady obligations “remain in full effect on direct appeal and in the event of retrial because the defendant’s conviction has not yet become final, and his right to due process continues to demand judicial fairness.” Id.5
Brady Application Post-Trial and Prior to Convening Authority Action
Although a military member may have been convicted and sentenced at a court-martial, the “direct appeal” process is not [612]*612complete. “Direct appeal” in the military continues at least through the respective Court of Criminal Appeals review. An accused’s appeal to his or her respective Court of Criminal Appeals (“service court”) in qualifying cases is a matter of right, whereas review by the Court of Appeals for Armed Forces (CAAF) is discretionary in most cases.6 See R.C.M. 1209.
More significantly, however, even before a military case is reviewed by a service court on direct appeal, it is first reviewed by the court-martial convening authority (CA). Congress has provided servicemembers with a unique additional right of review for convicted military personnel whereby the CA reviews each case, pursuant to Article 60, UCMJ. This review is performed and action taken, in most eases, with the advice of specifically assigned judge advocates pursuant to Articles 6 and 60(d), UCMJ.
Article 60, UCMJ, also directs the CA to take action on the findings and sentence of a court-martial only after consideration of any matters submitted by the accused. The CA is empowered with the “sole discretion,” as a “matter of command prerogative” after receiving a written recommendation from a staff judge advocate officer, to “approve, disapprove, commute, or suspend the sentence in whole or in part.” UCMJ art. 60. This review precedes an appeal by the accused to his or her respective service’s court of criminal appeals pursuant to Article 66, UCMJ, and their right to petition for review by the CAAF pursuant to Article 67, UCMJ.
The accused may submit any matter to the CA that may reasonably tend to affect the CA’s decision whether to approve or disapprove any findings of guilty, the sentence, or any portion thereof. R.C.M. 1105. Submissions may include new evidence; clarification of matters presented at trial; allegations of errors affecting the legality of the findings or sentence; portions or summaries of the record and copies of documentary evidence offered or introduced at trial; matters in mitigation which were not available for consideration at the court-martial; and clemency recommendations by any member, the military judge, or any other person. R.C.M. 1105(b).
Currently, the CA has wide discretion and may for any or no reason, disapprove the findings, or may dismiss any offense, or change the finding of guilty of any offense to one of a lesser included offense. The CA may also disapprove all, or any part of, a legal sentence. The CA also has the power to reduce or suspend a sentence, or change the punishment to one of a different nature.7 Additionally, the CA has the ability under R.C.M. 1107 to consider matters outside the record and to order a rehearing should any issue arise that warrants further examination.
Prior to taking final action pursuant to Article 60, UCMJ, the convening authority must consider the results of trial, the recommendation of the Staff Judge Advocate pursuant to R.C.M. 1106, and any post-trial clemency matters submitted by the accused and his attorney.
Given this ease had not yet reached the convening authority when the investigator offered testimony at PFC BB’s Article 32, UCMJ, hearing relating to the purported negative drug laboratory test results, we find the government’s Brady obligations with respect to those lab results applied in this [613]*613setting.8 We take issue with the government’s failure to disclose “previously-produced forensic evidence, the testing of which concededly could prove beyond any doubt that the defendant did not commit the crime for which he was convicted_” Harvey v. Horan, 285 F.3d 298, 317 (4th Cir.2002) (Lut-tig, J., respecting the denial of rehearing en banc). It would seem “the very same principle of elemental fairness that dictates pretrial production of all evidence dictates post-trial production” as well. Id.
Here, the government had in its possession presumably exculpatory laboratory results during the pendency of appellant’s R.C.M. 1105 and 1106 submission which it did not provide to appellant or the CA.9 This new information suggested appellant may have been not guilty of a charge of which he was found guilty. This exculpatory evidence, in the possession of the government before convening authority action, should have been turned over to the defense to allow them the opportunity to present it to the convening authority.10
Materiality of the Non-disclosed Information
Having determined that the laboratory results should have been disclosed, we now turn to materiality.
In a ease in which the defense either did not make a discovery request or made only a general request for discovery, appellant will be entitled to relief only by showing that there is a “reasonable probability” of a different result at trial if the undisclosed evidence had been disclosed. Bagley, 473 U.S. at 682, 105 S.Ct. 3375 (opinion of Blackmun, J., joined by O’Connor, J.); United States v. Hart, 29 M.J. 407, 410 (CMA 1990); see also Cone v. Bell, 556 U.S. 449, 129 S.Ct. 1769, 173 L.Ed.2d 701 (2009); Strickler, 527 U.S. at 290, 119 S.Ct. 1936. It simply is not sufficient, therefore, to claim that “there is a reasonable possibility that ... testimony might have produced a different result-” Stridden 527 U.S. at 291, 119 S.Ct. 1936. Appellant’s burden is to “establish a reasonable probability of a different result.” Id.
While the investigator’s testimony is not dispositive as to what was manufactured that day in appellant’s laundry room — that is not the question we must address.11 The question is whether, in the absence of the withheld laboratory results, the appellant received a fair trial “worthy of confidence” in the outcome. Kyles, 514 U.S. at 434, 115 S.Ct. 1555. We, therefore, ask if appellant had known of the laboratory results and been able to present them to the convening authority, would they have brought into question the factual underpinning of a charge of which appellant was found guilty. Again, the standard is one of whether the facts are called into question, not whether that question can be refuted.
If appellant had knowledge of the information prior to CA action, appellant could have requested the CA consider that information [614]*614and approve only a conviction for an attempt to manufacture methamphetamine. Not disclosing the information in a timely fashion deprived appellant of that opportunity.
Given that the factual predicates for the Article 112a, UCMJ, charge and specification in PFC BB’s case and appellant’s case are the same, we find there is a reasonable probability of a different result had the information been disclosed and presented. Specifically, there is a reasonable probability that the CA would have approved only an attempt to manufacture methamphetamine in appellant’s case just as he did in appellant’s co-actor’s case.12
Remedy
Having found that a Brady violation occurred before action, we must determine the appropriate remedy. We could return the case to the convening authority or authorize a fact finding hearing. Out of judicial economy and consistent with appellant’s requested relief, however, we will affirm only the offense of attempt to manufacture methamphetamine. See UCMJ art. 79. That is not only what the appellant requests, but also the very best result with respect to findings he could have hoped for if the case were returned for further disposition.13
While the military judge dismissed with prejudice the separately charged Article 80, UCMJ, lesser included offense of attempted manufacture of methamphetamine, we find this had no effect on the remaining greater charge of which appellant was convicted. This court still has the authority to sustain a finding of guilty as to the lesser included offense. UCMJ arts. 59(b), 79. The dismissal of the lesser included offense merely effectuated R.C.M. 307(c)(4) which states that in no ease should both an offense and a lesser included offense thereof be separately charged. Under the present circumstances, dismissal of the explicitly charged lesser included offense does not preclude our full and complete review of the greater offense or prevent this court from entering a finding of guilty to the lesser crime of attempt.
CONCLUSION
Upon consideration of the entire record and the submissions by the parties the court affirms only so much of the finding of guilty of the Specification of Charge III as finds that appellant did:
at or near Fort Campbell, Kentucky, between on or about 25 September 2011 and 26 September 2011, attempt to wrongfully manufacture 1 gram of methamphetamine, in violation of Article 80, UCMJ.
The remaining findings of guilty are AFFIRMED.
Based on the foregoing, we are able to reassess the sentence on the basis of the [615]*615error noted and do so after conducting a thorough analysis of the totality of the circumstances presented by appellant’s case and in accordance with the principles articulated by our superior court in United States v. Winckelmann, 73 M.J. 11, 15-16 (C.A.A.F.2013) and United States v. Sales, 22 M.J. 305 (C.M.A.1986).
In evaluating the Winckelmann factors, we first find no dramatic change in the penalty landscape or exposure. Appellant’s maximum punishment for attempt was the same as that for the underlying offense of manufacturing methamphetamine. See Manual for Courts-Martial, United States (2012 ed.) pt. IV, ¶ 4(e). We note appellant pleaded guilty in a judge alone court-martial. The nature of the remaining offenses captures the gravamen of the original charges and the Significant circumstances surrounding appellant’s conduct remain admissible and relevant to the remaining offenses. Finally, based on our experience, we are familiar with the remaining offenses so that we may reliably determine what sentence would have been imposed at trial.
After reassessing the sentence and the entire record, we AFFIRM the approved sentence. We find this purges the error in accordance with Sales and Winckelmann, and is also appropriate under Article 66(c), UCMJ. All rights, privileges, and property, of which appellant has been deprived by virtue of that portion of the findings set aside by this decision are ordered restored.
Chief Judge PEDE, Senior Judge KERN, Senior Judge COOK, Senior Judge LIND, Judge ALDYKIEWICZ, Judge HAIGHT, Judge MARTIN, and Judge BORGERDING concur.