US (United States) Code. Title 10. Subtitle A. Part II. Chapter 47: Uniform code of military justice

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

.

-HEAD-

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

-MISC1-

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Subchapter : :Sec. :Art.

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I. :General :801 :1

: Provisions : :

II. :Apprehension :807 :7

: and Restraint : :

III. :Non-Judicial :815 :15

: Punishment : :

IV. :Court-Martial :816 :16

: Jurisdiction : :

V. :Composition of :822 :22

: Courts-Martial: :

: : :

VI. :Pre-Trial :830 :30

: Procedure : :

VII. :Trial Procedure:836 :36

: : :

VIII. :Sentences :855 :55

IX. :Post-Trial :859 :59

: Procedure and : :

: Review of : :

: Courts-Martial: :

: : :

X. :Punitive :877 :77

: Articles : :

XI. :Miscellaneous :935 :135

: Provisions : :

XII. :United States :941 :141

: Court of : :

: Appeals for : :

: the Armed : :

: Forces : :

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AMENDMENTS

1994 - Pub. L. 103-337, div. A, title IX, Sec. 924(c)(3)(B),

Oct. 5, 1994, 108 Stat. 2832, substituted ''United States Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals'' in

item for subchapter XII.

1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(1),

Nov. 29, 1989, 103 Stat. 1576, added item for subchapter XII.

1983 - Pub. L. 98-209, Sec. 5(h)(1), Dec. 6, 1983, 97 Stat. 1400,

substituted ''IX. Post-Trial Procedure and Review of

Courts-Martial'' for ''IX. Review of Courts-Martial''.

1958 - Pub. L. 85-861, Sec. 33(a)(6), Sept. 2, 1958, 72 Stat.

1564, substituted 801, 807, 815, 816, 822, 830, 836, 855, 859, 877

and 935 for 1901, 1913, 1929, 1931, 1943, 1959, 1971, 2009, 2017,

2053 and 2169, respectively.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 654, 951, 955, 1037,

1044a, 1058, 1059, 1094, 1167, 1552, 1553, 1565, 2783, 2784, 5148,

12687, 12740 of this title; title 5 sections 8312, 8313, 8331,

8401; title 18 sections 3261, 3262, 3551, 4247; title 28 section

535; title 37 section 559; title 42 sections 217, 10601; title 49

section 1155; title 50 App. section 473.

-CITE-

10 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-MISC1-

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Sec. Art.

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801. 1. Definitions.

802. 2. Persons subject to

this chapter.

803. 3. Jurisdiction to try

certain personnel.

804. 4. Dismissed officer's

right to trial by

court-martial.

805. 5. Territorial

applicability of

this chapter.

806. 6. Judge advocates and

legal officers.

806a. 6a. Investigation and

disposition of

matters pertaining

to the fitness of

military judges.

-------------------------------

AMENDMENTS

1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(2),

Nov. 29, 1989, 103 Stat. 1576, added item 806a.

-CITE-

10 USC Sec. 801 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 801. Article 1. Definitions

-STATUTE-

In this chapter:

(1) The term ''Judge Advocate General'' means, severally, the

Judge Advocates General of the Army, Navy, and Air Force and,

except when the Coast Guard is operating as a service in the

Navy, an official designated to serve as Judge Advocate General

of the Coast Guard by the Secretary of Homeland Security.

(2) The Navy, the Marine Corps, and the Coast Guard when it is

operating as a service in the Navy, shall be considered as one

armed force.

(3) The term ''commanding officer'' includes only commissioned

officers.

(4) The term ''officer in charge'' means a member of the Navy,

the Marine Corps, or the Coast Guard designated as such by

appropriate authority.

(5) The term ''superior commissioned officer'' means a

commissioned officer superior in rank or command.

(6) The term ''cadet'' means a cadet of the United States

Military Academy, the United States Air Force Academy, or the

United States Coast Guard Academy.

(7) The term ''midshipman'' means a midshipman of the United

States Naval Academy and any other midshipman on active duty in

the naval service.

(8) The term ''military'' refers to any or all of the armed

forces.

(9) The term ''accuser'' means a person who signs and swears to

charges, any person who directs that charges nominally be signed

and sworn to by another, and any other person who has an interest

other than an official interest in the prosecution of the

accused.

(10) The term ''military judge'' means an official of a general

or special court-martial detailed in accordance with section 826

of this title (article 26).

(11) The term ''law specialist'' means a commissioned officer

of the Coast Guard designated for special duty (law).

(12) The term ''legal officer'' means any commissioned officer

of the Navy, Marine Corps, or Coast Guard designated to perform

legal duties for a command.

(13) The term ''judge advocate'' means -

(A) an officer of the Judge Advocate General's Corps of the

Army or the Navy;

(B) an officer of the Air Force or the Marine Corps who is

designated as a judge advocate; or

(C) an officer of the Coast Guard who is designated as a law

specialist.

(14) The term ''record'', when used in connection with the

proceedings of a court-martial, means -

(A) an official written transcript, written summary, or other

writing relating to the proceedings; or

(B) an official audiotape, videotape, or similar material

from which sound, or sound and visual images, depicting the

proceedings may be reproduced.

(15) The term ''classified information'' means (A) any

information or material that has been determined by an official

of the United States pursuant to law, an Executive order, or

regulation to require protection against unauthorized disclosure

for reasons of national security, and (B) any restricted data, as

defined in section 11(y) of the Atomic Energy Act of 1954 (42

U.S.C. 2014(y)).

(16) The term ''national security'' means the national defense

and foreign relations of the United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 36; Pub. L. 89-670, Sec. 10(g),

Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-179, Sec. 1(1), (2), Dec.

8, 1967, 81 Stat. 545; Pub. L. 90-632, Sec. 2(1), Oct. 24, 1968, 82

Stat. 1335; Pub. L. 98-209, Sec. 2(a), 6(a), Dec. 6, 1983, 97 Stat.

1393, 1400; Pub. L. 100-180, div. A, title XII, Sec. 1231(17),

Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100-456, div. A, title XII,

Sec. 1233(f)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 104-106,

div. A, title XI, Sec. 1141(b), Feb. 10, 1996, 110 Stat. 467; Pub.

L. 107-296, title XVII, Sec. 1704(b)(2), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

801 50:551 (less (9)). May 5, 1950, ch.

169, Sec. 1 (Art. 1

(less (9))), 64

Stat. 108.

-------------------------------

The words ''In this chapter'' are substituted for the

introductory clause.

In the introductory clause and throughout the revised chapter the

word ''chapter'' is substituted for the word ''code''.

Clauses (1), (2), and (5) of 50:551 are omitted as respectively

covered by the definitions in clauses (4), (6), and (14) of section

101 of this title. The words ''commissioned officer'' are

substituted for the word ''officer'' for clarity throughout this

chapter, since the latter term was defined in the limited sense of

commissioned officer in clause (5) of 50:551, and is now covered by

section 101(14) of this title.

In clauses (1), (4)-(7), and (9)-(12) of the revised section, the

word ''means'' is substituted for the words ''shall be construed to

refer to'' and ''shall be construed to refer * * * to''.

In clause (1), the words ''service in'' are substituted for the

words ''part of'' to conform to section 1 of title 14. The words

''Department of the Treasury'' are substituted for the words

''Treasury Department''.

Clauses (3) and (4) are inserted for clarity.

In clause (6), the words ''the United States Air Force Academy''

are inserted to reflect its establishment by the Air Force Academy

Act (63 Stat. 47).

In clause (8), the word ''refers'' is substituted for the words

''shall be construed to refer''.

In clause (12), the words ''Marine Corps'' are inserted to make

explicit that the clause applies to the Marine Corps. The word

''commissioned'' is inserted for clarity.

AMENDMENTS

2002 - Cl. (1). Pub. L. 107-296 substituted ''an official

designated to serve as Judge Advocate General of the Coast Guard by

the Secretary of Homeland Security'' for ''the General Counsel of

the Department of Transportation''.

1996 - Cls. (15), (16). Pub. L. 104-106 added cls. (15) and (16).

1988 - Cl. (1). Pub. L. 100-456 substituted ''term 'Judge'' for

''term 'judge''.

1987 - Cls. (1), (3) to (14). Pub. L. 100-180 inserted ''The

term'' after each clause designation and revised first word in

quotes in each clause to make initial letter of such word

lowercase.

1983 - Cl. (13). Pub. L. 98-209, Sec. 2(a), added officers of the

Coast Guard who are designated as law specialists to definition of

''Judge Advocate''.

Cl. (14). Pub. L. 98-209, Sec. 6(a), added cl. (14).

1968 - Cl. (10). Pub. L. 90-632 substituted ''military judge''

for ''law officer'' as term being defined and inserted reference to

special court-martial in the definition thereof.

1967 - Cl. (11). Pub. L. 90-179, Sec. 1(1), struck out ''Navy

or'' before ''Coast Guard''.

Cl. (13). Pub. L. 90-179, Sec. 1(2), added cl. (13).

1966 - Pub. L. 89-670 substituted the General Counsel of the

Department of Transportation for the General Counsel of the

Department of the Treasury in definition of ''Judge Advocate

General'' applicable to the Coast Guard when operating as a service

in the Navy.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 12(a) of Pub. L. 98-209 provided that:

''(1) The amendments made by this Act (see Short Title of 1983

Amendment note below) shall take effect on the first day of the

eighth calendar month that begins after the date of enactment of

this Act (Dec. 6, 1983), except that the amendments made by

sections 9, 11 and 13 (amending sections 802, 815, 825, 867, 1552,

and 1553 of this title and enacting provisions set out as a note

under section 867 of this title) shall be effective on the date of

the enactment of this Act. The amendments made by section 11

(amending sections 1552 and 1553 of this title) shall only apply

with respect to cases filed after the date of enactment of this Act

with the boards established under sections 1552 and 1553 of title

10, United States Code.

''(2) The amendments made by section 3(c) and 3(e) (amending

sections 826, 827, and 838 of this title) do not affect the

designation or detail of a military judge or military counsel to a

court-martial before the effective date of such amendments.

''(3) The amendments made by section 4 (amending section 834 of

this title) shall not apply to any case in which charges were

referred to trial before the effective date of such amendments, and

proceedings in any such case shall be held in the same manner and

with the same effect as if such amendments had not been enacted.

''(4) The amendments made by sections 5, 6, and 7 (amending this

section and sections 849, 854, 857, 860 to 867, 869, 871, and 876a

of this title and enacting provisions set out as a note under

section 869 of this title) shall not apply to any case in which the

findings and sentence were adjudged by a court-martial before the

effective date of such amendments. The proceedings in any such

case shall be held in the same manner and with the same effect as

if such amendments had not been enacted.

''(5) The amendments made by section 8 (enacting section 912a of

this title) shall not apply to any offense committed before the

effective date of such amendments. Nothing in this provision shall

be construed to invalidate the prosecution of any offense committed

before the effective date of such amendments.''

EFFECTIVE DATE OF 1968 AMENDMENT

Section 4 of Pub. L. 90-632 provided that:

''(a) Except for the amendments made by paragraphs (30) and (33)

of section 2, this Act (see Short Title of 1968 Amendment note

below) shall become effective on the first day of the tenth month

following the month in which it is enacted (October 1968).

''(b) The amendment made by paragraph (30) of section 2 (amending

section 869 of this title) shall become effective upon the date of

enactment of this Act (Oct. 24, 1968).

''(c) The amendment made by paragraph (33) (amending section 873

of this title) shall apply in the case of all court-martial

sentences approved by the convening authority on or after, or not

more than two years before, the date of its enactment (Oct. 24,

1968).''

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by the President and published in the Federal Register, see section

16(a), formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No.

11340, Mar. 30, 1967, 32 F.R. 5453.

EFFECTIVE DATE

Section 51 of act Aug. 10, 1956, provided that: ''Chapter 47 of

title 10, United States Code, enacted by section 1 of this Act,

takes effect January 1, 1957.''

SHORT TITLE OF 1996 AMENDMENT

Section 1101 of title XI of div. A of Pub. L. 104-106 provided

that: ''This title (enacting sections 857a, 858b, and 876b of this

title, amending this section and sections 802, 832, 847, 857, 860,

862, 866, 895, 920, and 937 of this title, repealing section 804 of

Title 37, Pay and Allowances of the Uniformed Services, enacting

provisions set out as notes under sections 802, 857, 858b, and 876b

of this title, and amending provisions set out as a note under

section 942 of this title) may be cited as the 'Military Justice

Amendments of 1995'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-661, div. A, title VIII, Sec. 801(a), Nov. 14, 1986,

100 Stat. 3905, provided that: ''This title (enacting section 850a

of this title, amending sections 802, 803, 806, 825, 843, 860, 936,

and 937 of this title, and enacting provisions set out as notes

under sections 802, 806, 825, 843, 850a, and 860 of this title) may

be cited as the 'Military Justice Amendments of 1986'.''

SHORT TITLE OF 1983 AMENDMENT

Section 1(a) of Pub. L. 98-209 provided that: ''This Act

(enacting sections 912a of this title and section 1259 of Title 28,

Judiciary and Judicial Procedure, amending this section, sections

802, 806, 815, 816, 825, 826, 827, 829, 834, 838, 842, 849, 854,

857, 860 to 867, 869, 870, 871, 876a, 936, 1552, and 1553 of this

title, and section 2101 of Title 28, and enacting provisions set

out as notes under sections 801, 867, and 869 of this title and

amending provisions set out as a note under section 706 of this

title) may be cited as the 'Military Justice Act of 1983'.''

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-81, Sec. 1(a), Nov. 20, 1981, 95 Stat. 1085, provided

that: ''This Act (enacting sections 706, 707, and 876a of this

title, amending sections 701, 813, 832, 838, 867, and 869 of this

title, and enacting provisions set out as a note under section 706

of this title) may be cited as the 'Military Justice Amendments of

1981'.''

SHORT TITLE OF 1968 AMENDMENT

Section 1 of Pub. L. 90-632 provided: ''That this Act (amending

this section and sections 806, 816, 818, 819, 820, 825, 826, 827,

829, 835, 837, 838, 839, 840, 841, 842, 845, 849, 851, 852, 854,

857, 865, 866, 867, 868, 869, 870, 871, 873, and 936 of this title

and enacting provisions set out as notes under this section and

sections 826 and 866 of this title) may be cited as the 'Military

Justice Act of 1968'.''

REDESIGNATION OF NAVY LAW SPECIALISTS AS JUDGE ADVOCATES

Navy law specialists redesignated judge advocates, see section 8

of Pub. L. 90-179, set out as a note under section 5148 of this

title.

SAVINGS PROVISION

Rights, duties, and proceedings not affected by Pub. L. 90-179

establishing Judge Advocate General's Corps in Navy, see section 10

of Pub. L. 90-179, set out as a note under section 5148 of this

title.

LEGISLATIVE CONSTRUCTION

Section 49(e) of act Aug. 10, 1956, provided that: ''In chapter

47 of title 10, United States Code (this chapter), enacted by

section 1 of this Act, no inference of a legislative construction

is to be drawn from the part in which any article is placed nor

from the catchlines of the part or the article as set out in that

chapter.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-EXEC-

DETENTION, TREATMENT, AND TRIAL OF CERTAIN NON-CITIZENS IN THE WAR

AGAINST TERRORISM

Military Order of President of the United States, dated Nov. 13,

2001, 66 F.R. 57833, provided:

By the authority vested in me as President and as Commander in

Chief of the Armed Forces of the United States by the Constitution

and the laws of the United States of America, including the

Authorization for Use of Military Force Joint Resolution (Public

Law 107-40, 115 Stat. 224) (50 U.S.C. 1541 note) and sections 821

and 836 of title 10, United States Code, it is hereby ordered as

follows:

Section 1. Findings.

(a) International terrorists, including members of al Qaida, have

carried out attacks on United States diplomatic and military

personnel and facilities abroad and on citizens and property within

the United States on a scale that has created a state of armed

conflict that requires the use of the United States Armed Forces.

(b) In light of grave acts of terrorism and threats of terrorism,

including the terrorist attacks on September 11, 2001, on the

headquarters of the United States Department of Defense in the

national capital region, on the World Trade Center in New York, and

on civilian aircraft such as in Pennsylvania, I proclaimed a

national emergency on September 14, 2001 (Proc. 7463, Declaration

of National Emergency by Reason of Certain Terrorist Attacks (50

U.S.C. 1621 note)).

(c) Individuals acting alone and in concert involved in

international terrorism possess both the capability and the

intention to undertake further terrorist attacks against the United

States that, if not detected and prevented, will cause mass deaths,

mass injuries, and massive destruction of property, and may place

at risk the continuity of the operations of the United States

Government.

(d) The ability of the United States to protect the United States

and its citizens, and to help its allies and other cooperating

nations protect their nations and their citizens, from such further

terrorist attacks depends in significant part upon using the United

States Armed Forces to identify terrorists and those who support

them, to disrupt their activities, and to eliminate their ability

to conduct or support such attacks.

(e) To protect the United States and its citizens, and for the

effective conduct of military operations and prevention of

terrorist attacks, it is necessary for individuals subject to this

order pursuant to section 2 hereof to be detained, and, when tried,

to be tried for violations of the laws of war and other applicable

laws by military tribunals.

(f) Given the danger to the safety of the United States and the

nature of international terrorism, and to the extent provided by

and under this order, I find consistent with section 836 of title

10, United States Code, that it is not practicable to apply in

military commissions under this order the principles of law and the

rules of evidence generally recognized in the trial of criminal

cases in the United States district courts.

(g) Having fully considered the magnitude of the potential

deaths, injuries, and property destruction that would result from

potential acts of terrorism against the United States, and the

probability that such acts will occur, I have determined that an

extraordinary emergency exists for national defense purposes, that

this emergency constitutes an urgent and compelling government

interest, and that issuance of this order is necessary to meet the

emergency.

Sec. 2. Definition and Policy.

(a) The term ''individual subject to this order'' shall mean any

individual who is not a United States citizen with respect to whom

I determine from time to time in writing that:

(1) there is reason to believe that such individual, at the

relevant times,

(i) is or was a member of the organization known as al Qaida;

(ii) has engaged in, aided or abetted, or conspired to

commit, acts of international terrorism, or acts in preparation

therefor, that have caused, threaten to cause, or have as their

aim to cause, injury to or adverse effects on the United

States, its citizens, national security, foreign policy, or

economy; or

(iii) has knowingly harbored one or more individuals

described in subparagraphs (i) or (ii) of subsection 2(a)(1) of

this order; and

(2) it is in the interest of the United States that such

individual be subject to this order.

(b) It is the policy of the United States that the Secretary of

Defense shall take all necessary measures to ensure that any

individual subject to this order is detained in accordance with

section 3, and, if the individual is to be tried, that such

individual is tried only in accordance with section 4.

(c) It is further the policy of the United States that any

individual subject to this order who is not already under the

control of the Secretary of Defense but who is under the control of

any other officer or agent of the United States or any State shall,

upon delivery of a copy of such written determination to such

officer or agent, forthwith be placed under the control of the

Secretary of Defense.

Sec. 3. Detention Authority of the Secretary of Defense. Any

individual subject to this order shall be -

(a) detained at an appropriate location designated by the

Secretary of Defense outside or within the United States;

(b) treated humanely, without any adverse distinction based on

race, color, religion, gender, birth, wealth, or any similar

criteria;

(c) afforded adequate food, drinking water, shelter, clothing,

and medical treatment;

(d) allowed the free exercise of religion consistent with the

requirements of such detention; and

(e) detained in accordance with such other conditions as the

Secretary of Defense may prescribe.

Sec. 4. Authority of the Secretary of Defense Regarding Trials of

Individuals Subject to this Order.

(a) Any individual subject to this order shall, when tried, be

tried by military commission for any and all offenses triable by

military commission that such individual is alleged to have

committed, and may be punished in accordance with the penalties

provided under applicable law, including life imprisonment or

death.

(b) As a military function and in light of the findings in

section 1, including subsection (f) thereof, the Secretary of

Defense shall issue such orders and regulations, including orders

for the appointment of one or more military commissions, as may be

necessary to carry out subsection (a) of this section.

(c) Orders and regulations issued under subsection (b) of this

section shall include, but not be limited to, rules for the conduct

of the proceedings of military commissions, including pretrial,

trial, and post-trial procedures, modes of proof, issuance of

process, and qualifications of attorneys, which shall at a minimum

provide for -

(1) military commissions to sit at any time and any place,

consistent with such guidance regarding time and place as the

Secretary of Defense may provide;

(2) a full and fair trial, with the military commission sitting

as the triers of both fact and law;

(3) admission of such evidence as would, in the opinion of the

presiding officer of the military commission (or instead, if any

other member of the commission so requests at the time the

presiding officer renders that opinion, the opinion of the

commission rendered at that time by a majority of the

commission), have probative value to a reasonable person;

(4) in a manner consistent with the protection of information

classified or classifiable under Executive Order 12958 of April

17, 1995, as amended (50 U.S.C. 435 note), or any successor

Executive Order, protected by statute or rule from unauthorized

disclosure, or otherwise protected by law, (A) the handling of,

admission into evidence of, and access to materials and

information, and (B) the conduct, closure of, and access to

proceedings;

(5) conduct of the prosecution by one or more attorneys

designated by the Secretary of Defense and conduct of the defense

by attorneys for the individual subject to this order;

(6) conviction only upon the concurrence of two-thirds of the

members of the commission present at the time of the vote, a

majority being present;

(7) sentencing only upon the concurrence of two-thirds of the

members of the commission present at the time of the vote, a

majority being present; and

(8) submission of the record of the trial, including any

conviction or sentence, for review and final decision by me or by

the Secretary of Defense if so designated by me for that purpose.

Sec. 5. Obligation of Other Agencies to Assist the Secretary of

Defense.

Departments, agencies, entities, and officers of the United

States shall, to the maximum extent permitted by law, provide to

the Secretary of Defense such assistance as he may request to

implement this order.

Sec. 6. Additional Authorities of the Secretary of Defense.

(a) As a military function and in light of the findings in

section 1, the Secretary of Defense shall issue such orders and

regulations as may be necessary to carry out any of the provisions

of this order.

(b) The Secretary of Defense may perform any of his functions or

duties, and may exercise any of the powers provided to him under

this order (other than under section 4(c)(8) hereof) in accordance

with section 113(d) of title 10, United States Code.

Sec. 7. Relationship to Other Law and Forums.

(a) Nothing in this order shall be construed to -

(1) authorize the disclosure of state secrets to any person not

otherwise authorized to have access to them;

(2) limit the authority of the President as Commander in Chief

of the Armed Forces or the power of the President to grant

reprieves and pardons; or

(3) limit the lawful authority of the Secretary of Defense, any

military commander, or any other officer or agent of the United

States or of any State to detain or try any person who is not an

individual subject to this order.

(b) With respect to any individual subject to this order -

(1) military tribunals shall have exclusive jurisdiction with

respect to offenses by the individual; and

(2) the individual shall not be privileged to seek any remedy

or maintain any proceeding, directly or indirectly, or to have

any such remedy or proceeding sought on the individual's behalf,

in (i) any court of the United States, or any State thereof, (ii)

any court of any foreign nation, or (iii) any international

tribunal.

(c) This order is not intended to and does not create any right,

benefit, or privilege, substantive or procedural, enforceable at

law or equity by any party, against the United States, its

departments, agencies, or other entities, its officers or

employees, or any other person.

(d) For purposes of this order, the term ''State'' includes any

State, district, territory, or possession of the United States.

(e) I reserve the authority to direct the Secretary of Defense,

at any time hereafter, to transfer to a governmental authority

control of any individual subject to this order. Nothing in this

order shall be construed to limit the authority of any such

governmental authority to prosecute any individual for whom control

is transferred.

Sec. 8. Publication.

This order shall be published in the Federal Register.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1044, 1044d of this

title; title 18 section 3267; title 37 section 321; title 42

section 665.

-CITE-

10 USC Sec. 802 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 802. Art. 2. Persons subject to this chapter

-STATUTE-

(a) The following persons are subject to this chapter:

(1) Members of a regular component of the armed forces,

including those awaiting discharge after expiration of their

terms of enlistment; volunteers from the time of their muster or

acceptance into the armed forces; inductees from the time of

their actual induction into the armed forces; and other persons

lawfully called or ordered into, or to duty in or for training

in, the armed forces, from the dates when they are required by

the terms of the call or order to obey it.

(2) Cadets, aviation cadets, and midshipmen.

(3) Members of a reserve component while on inactive-duty

training, but in the case of members of the Army National Guard

of the United States or the Air National Guard of the United

States only when in Federal service.

(4) Retired members of a regular component of the armed forces

who are entitled to pay.

(5) Retired members of a reserve component who are receiving

hospitalization from an armed force.

(6) Members of the Fleet Reserve and Fleet Marine Corps

Reserve.

(7) Persons in custody of the armed forces serving a sentence

imposed by a court-martial.

(8) Members of the National Oceanic and Atmospheric

Administration, Public Health Service, and other organizations,

when assigned to and serving with the armed forces.

(9) Prisoners of war in custody of the armed forces.

(10) In time of war, persons serving with or accompanying an

armed force in the field.

(11) Subject to any treaty or agreement to which the United

States is or may be a party or to any accepted rule of

international law, persons serving with, employed by, or

accompanying the armed forces outside the United States and

outside the Commonwealth of Puerto Rico, Guam, and the Virgin

Islands.

(12) Subject to any treaty or agreement to which the United

States is or may be a party or to any accepted rule of

international law, persons within an area leased by or otherwise

reserved or acquired for the use of the United States which is

under the control of the Secretary concerned and which is outside

the United States and outside the Commonwealth of Puerto Rico,

Guam, and the Virgin Islands.

(b) The voluntary enlistment of any person who has the capacity

to understand the significance of enlisting in the armed forces

shall be valid for purposes of jurisdiction under subsection (a)

and a change of status from civilian to member of the armed forces

shall be effective upon the taking of the oath of enlistment.

(c) Notwithstanding any other provision of law, a person serving

with an armed force who -

(1) submitted voluntarily to military authority;

(2) met the mental competency and minimum age qualifications of

sections 504 and 505 of this title at the time of voluntary

submission to military authority;

(3) received military pay or allowances; and

(4) performed military duties;

is subject to this chapter until such person's active service has

been terminated in accordance with law or regulations promulgated

by the Secretary concerned.

(d)(1) A member of a reserve component who is not on active duty

and who is made the subject of proceedings under section 815

(article 15) or section 830 (article 30) with respect to an offense

against this chapter may be ordered to active duty involuntarily

for the purpose of -

(A) investigation under section 832 of this title (article 32);

(B) trial by court-martial; or

(C) nonjudicial punishment under section 815 of this title

(article 15).

(2) A member of a reserve component may not be ordered to active

duty under paragraph (1) except with respect to an offense

committed while the member was -

(A) on active duty; or

(B) on inactive-duty training, but in the case of members of

the Army National Guard of the United States or the Air National

Guard of the United States only when in Federal service.

(3) Authority to order a member to active duty under paragraph

(1) shall be exercised under regulations prescribed by the

President.

(4) A member may be ordered to active duty under paragraph (1)

only by a person empowered to convene general courts-martial in a

regular component of the armed forces.

(5) A member ordered to active duty under paragraph (1), unless

the order to active duty was approved by the Secretary concerned,

may not -

(A) be sentenced to confinement; or

(B) be required to serve a punishment consisting of any

restriction on liberty during a period other than a period of

inactive-duty training or active duty (other than active duty

ordered under paragraph (1)).

(e) The provisions of this section are subject to section

876b(d)(2) of this title (article 76b(d)(2)).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 37; Pub. L. 86-70, Sec. 6(b),

June 25, 1959, 73 Stat. 142; Pub. L. 86-624, Sec. 4(b), July 12,

1960, 74 Stat. 411; Pub. L. 87-651, title I, Sec. 104, Sept. 7,

1962, 76 Stat. 508; Pub. L. 89-718, Sec. 8(a), Nov. 2, 1966, 80

Stat. 1117; Pub. L. 96-107, title VIII, Sec. 801(a), Nov. 9, 1979,

93 Stat. 810; Pub. L. 96-513, title V, Sec. 511(24), Dec. 12, 1980,

94 Stat. 2922; Pub. L. 98-209, Sec. 13(a), Dec. 6, 1983, 97 Stat.

1408; Pub. L. 99-661, div. A, title VIII, Sec. 804(a), Nov. 14,

1986, 100 Stat. 3906; Pub. L. 100-456, div. A, title XII, Sec.

1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104-106, div.

A, title XI, Sec. 1133(b), Feb. 10, 1996, 110 Stat. 466.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

802 50:552. May 5, 1950, ch.

169, Sec. 1 (Art.

2), 64 Stat. 109.

-------------------------------

In clause (1), the words ''Members of'' are substituted for the

words ''All persons belonging to''. The words ''all'' and ''the

same'' are omitted as surplusage. The word ''when'' is inserted

after the word ''dates''.

In clauses (1) and (8), the words ''of the United States'' are

omitted as surplusage.

In clause (3), the words ''Members of a reserve component'' are

substituted for the words ''Reserve personnel''. The word

''orders'' in the last clause is omitted as surplusage.

In clause (4), the word ''receive'' is omitted as surplusage.

In clauses (4) and (5), the word ''members'' is substituted for

the word ''personnel''.

In clause (8), the word ''members'' is substituted for the word

''personnel''.

In clauses (11) and (12), the word ''outside'' is substituted for

the word ''without'' wherever it occurs. The words ''the

continental limits of'' are omitted, since section 101(1) of this

title defines the United States to include the States and the

District of Columbia. The words ''the provision of'', ''all'', and

''territories'' are omitted as surplusage.

In clause (12), the words ''Secretary concerned'' are substituted

for the words ''Secretary of a Department''.

1962 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

802(11), (12) 50:552(11) and (12). Aug. 1, 1956, ch.

852, Sec. 23, 70

Stat. 911.

-------------------------------

The Act of August 1, 1956, was enacted during the pendency of the

codification bill.

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-106 added subsec. (e).

1988 - Subsec. (a)(11), (12). Pub. L. 100-456 struck out ''the

Canal Zone,'' before ''the Commonwealth''.

1986 - Subsec. (a)(3). Pub. L. 99-661, Sec. 804(a)(1),

substituted ''on inactive-duty training, but in the case of members

of the Army National Guard of the United States or the Air National

Guard of the United States only when in Federal service'' for

''they are on inactive duty training authorized by written orders

which are voluntarily accepted by them and which specify that they

are subject to this chapter''.

Subsec. (d). Pub. L. 99-661, Sec. 804(a)(2), added subsec. (d).

1983 - Subsec. (a)(11), (12). Pub. L. 98-209, Sec. 13(a)(1),

substituted ''outside the Canal Zone'' for ''outside the following:

the Canal Zone'' and inserted ''the Commonwealth of'' before

''Puerto Rico''.

Subsec. (b). Pub. L. 98-209, Sec. 13(a)(2), struck out ''of this

section'' after ''subsection (a)''.

1980 - Subsec. (a)(8). Pub. L. 96-513 substituted ''National

Oceanic and Atmospheric Administration'' for ''Environmental

Science Services Administration''.

1979 - Pub. L. 96-107 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1966 - Pub. L. 89-718 substituted ''Environmental Science

Services Administration'' for ''Coast and Geodetic Survey'' in cl.

(8).

1962 - Pub. L. 87-651 inserted ''Guam,'' after ''Puerto Rico,''

in cls. (11) and (12).

1960 - Pub. L. 86-624 struck out ''the main group of the Hawaiian

Islands,'' before ''Puerto Rico'' in cls. (11) and (12).

1959 - Pub. L. 86-70 struck out ''that part of Alaska east of

longitude 172 degrees west,'' before ''the Canal Zone'' in cls.

(11) and (12).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 804(e) of Pub. L. 99-661 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

803 of this title) shall apply only to an offense committed on or

after the effective date of this title (see section 808 of Pub. L.

99-661, set out below).''

Section 808 of Pub. L. 99-661 provided that: ''Except as provided

in sections 802(b), 805(c), and 807(b) (set out as notes under

sections 850a, 843, and 806, respectively, of this title), this

title and the amendments made by this title (enacting section 850a

of this title, amending this section and sections 803, 806, 825,

843, 860, 936, and 937 of this title, and enacting provisions set

out as notes under this section and sections 801, 806, 825, 843,

850a, and 860 of this title) shall take effect on the earlier of -

''(1) the last day of the 120-day period beginning on the date

of the enactment of this Act (Nov. 14, 1986); or

''(2) the date specified in an Executive order for such

amendments to take effect.''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective Dec. 6, 1983, see section

12(a)(1) of Pub. L. 98-209, set out as a note under section 801 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit

to this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct.

12, 1982, 96 Stat. 1314.

-TRANS-

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of

the Public Health Service, and of all other officers and employees

of the Public Health Service, and all functions of all agencies of

or in the Public Health Service transferred to Secretary of Health,

Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80

Stat. 1610, effective June 25, 1966, set out in the Appendix to

Title 5, Government Organization and Employees.

The Secretary of Health, Education, and Welfare was redesignated

the Secretary of Health and Human Services by section 3508(b) of

Title 20, Education.

-MISC5-

ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER CIVILIANS

ACCOMPANYING ARMED FORCES IN TIME OF ARMED CONFLICT

Section 1151 of Pub. L. 104-106 provided that:

''(a) Establishment. - Not later than 45 days after the date of

the enactment of this Act (Feb. 10, 1996), the Secretary of Defense

and the Attorney General shall jointly appoint an advisory

committee to review and make recommendations concerning the

appropriate forum for criminal jurisdiction over civilians

accompanying the Armed Forces in the field outside the United

States in time of armed conflict.

''(b) Membership. - The committee shall be composed of at least

five individuals, including experts in military law, international

law, and Federal civilian criminal law. In making appointments to

the committee, the Secretary and the Attorney General shall ensure

that the members of the committee reflect diverse experiences in

the conduct of prosecution and defense functions.

''(c) Duties. - The committee shall do the following:

''(1) Review historical experiences and current practices

concerning the use, training, discipline, and functions of

civilians accompanying the Armed Forces in the field.

''(2) Based upon such review and other information available to

the committee, develop specific recommendations concerning the

advisability and feasibility of establishing United States

criminal law jurisdiction over persons who as civilians accompany

the Armed Forces in the field outside the United States during

time of armed conflict not involving a war declared by Congress,

including whether such jurisdiction should be established through

any of the following means (or a combination of such means

depending upon the degree of the armed conflict involved):

''(A) Establishing court-martial jurisdiction over such

persons.

''(B) Extending the jurisdiction of the Article III courts to

cover such persons.

''(C) Establishing an Article I court to exercise criminal

jurisdiction over such persons.

''(3) Develop such additional recommendations as the committee

considers appropriate as a result of the review.

''(d) Report. - (1) Not later than December 15, 1996, the

advisory committee shall transmit to the Secretary of Defense and

the Attorney General a report setting forth its findings and

recommendations, including the recommendations required under

subsection (c)(2).

''(2) Not later than January 15, 1997, the Secretary of Defense

and the Attorney General shall jointly transmit the report of the

advisory committee to Congress. The Secretary and the Attorney

General may include in the transmittal any joint comments on the

report that they consider appropriate, and either such official may

include in the transmittal any separate comments on the report that

such official considers appropriate.

''(e) Definitions. - For purposes of this section:

''(1) The term 'Article I court' means a court established

under Article I of the Constitution.

''(2) The term 'Article III court' means a court established

under Article III of the Constitution.

''(f) Termination of Committee. - The advisory committee shall

terminate 30 days after the date on which the report of the

committee is submitted to Congress under subsection (d)(2).''

-EXEC-

EX. ORD. NO. 10631. CODE OF CONDUCT FOR MEMBERS OF THE ARMED FORCES

Ex. Ord. No. 10631, Aug. 17, 1955, 20 F.R. 6057, as amended by

Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No.

12017, Nov. 3, 1977, 42 F.R. 57941; Ex. Ord. No. 12633, Mar. 28,

1988, 53 F.R. 10355; Ex. Ord. No. 13286, Sec. 76, Feb. 28, 2003, 68

F.R. 106231, provided:

By virtue of the authority vested in me as President of the

United States, and as Commander in Chief of the armed forces of the

United States, I hereby prescribe the Code of Conduct for Members

of the Armed Forces of the United States which is attached to this

order and hereby made a part thereof.

All members of the Armed Forces of the United States are expected

to measure up to the standards embodied in this Code of Conduct

while in combat or in captivity. To ensure achievement of these

standards, members of the armed forces liable to capture shall be

provided with specific training and instruction designed to better

equip them to counter and withstand all enemy efforts against them,

and shall be fully instructed as to the behavior and obligations

expected of them during combat or captivity.

The Secretary of Defense (and the Secretary of Homeland Security

with respect to the Coast Guard except when it is serving as part

of the Navy) shall take such action as is deemed necessary to

implement this order and to disseminate and make the said Code

known to all members of the armed forces of the United States.

CODE OF CONDUCT FOR MEMBERS OF THE UNITED STATES ARMED FORCES

I

I am an American, fighting in the forces which guard my country

and our way of life. I am prepared to give my life in their

defense.

II

I will never surrender of my own free will. If in command, I

will never surrender the members of my command while they still

have the means to resist.

III

If I am captured I will continue to resist by all means

available. I will make every effort to escape and aid others to

escape. I will accept neither parole nor special favors from the

enemy.

IV

If I become a prisoner of war, I will keep faith with my fellow

prisoners. I will give no information or take part in any action

which might be harmful to my comrades. If I am senior, I will take

command. If not, I will obey the lawful orders of those appointed

over me and will back them up in every way.

V

When questioned, should I become a prisoner of war, I am required

to give name, rank, service number and date of birth. I will evade

answering further questions to the utmost of my ability. I will

make no oral or written statements disloyal to my country and its

allies or harmful to their cause.

VI

I will never forget that I am an American, fighting for freedom,

responsible for my actions, and dedicated to the principles which

made my country free. I will trust in my God and in the United

States of America.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 876b, 937 of this title.

-CITE-

10 USC Sec. 803 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 803. Art. 3. Jurisdiction to try certain personnel

-STATUTE-

(a) Subject to section 843 of this title (article 43), a person

who is in a status in which the person is subject to this chapter

and who committed an offense against this chapter while formerly in

a status in which the person was subject to this chapter is not

relieved from amenability to the jurisdiction of this chapter for

that offense by reason of a termination of that person's former

status.

(b) Each person discharged from the armed forces who is later

charged with having fraudulently obtained his discharge is, subject

to section 843 of this title (article 43), subject to trial by

court-martial on that charge and is after apprehension subject to

this chapter while in the custody of the armed forces for that

trial. Upon conviction of that charge he is subject to trial by

court-martial for all offenses under this chapter committed before

the fraudulent discharge.

(c) No person who has deserted from the armed forces may be

relieved from amenability to the jurisdiction of this chapter by

virtue of a separation from any later period of service.

(d) A member of a reserve component who is subject to this

chapter is not, by virtue of the termination of a period of active

duty or inactive-duty training, relieved from amenability to the

jurisdiction of this chapter for an offense against this chapter

committed during such period of active duty or inactive-duty

training.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99-661, div. A,

title VIII, Sec. 804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L.

102-484, div. A, title X, Sec. 1063, Oct. 23, 1992, 106 Stat.

2505.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

803(a) 803(b) 803(c) 50:553(a). May 5, 1950, ch.

50:553(b). 169, Sec. 1 (Art.

50:553(c). 3), 64 Stat. 109.

-------------------------------

In subsection (a), the words ''the provisions of'' are omitted as

surplusage. The words ''no * * * may'' are substituted for the

words ''any * * * shall not''. The word ''for'' is substituted for

the word ''of'' before the words ''five years''. The words ''of a

State, a Territory, or'' are substituted for the words ''any State

or Territory thereof or of''. The word ''court-martial'' is

substituted for the word ''courts-martial''.

In subsection (b), the words ''Each person'' are substituted for

the words ''All persons''. The words ''who is later'' are

substituted for the word ''subsequently''. The words ''his

discharge is'' are substituted for the words ''said discharge shall

* * * be''. The words ''the provisions of'' are omitted as

surplusage. The word ''is'' is substituted for the words ''shall *

* * be''. The words ''he is'' are substituted for the words ''they

shall be''. The word ''before'' is substituted for the words

''prior to''.

In subsection (c), the words ''No * * * may'' are substituted for

the words ''Any * * * shall not''. The word ''later'' is

substituted for the word ''subsequent''.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-484 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Subject to section 843 of this title (article 43), no person

charged with having committed, while in a status in which he was

subject to this chapter, an offense against this chapter,

punishable by confinement for five years or more and for which the

person cannot be tried in the courts of the United States or of a

State, a Territory, or the District of Columbia, may be relieved

from amenability to trial by court-martial by reason of the

termination of that status.''

1986 - Subsec. (d). Pub. L. 99-661 added subsec. (d).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1067 of Pub. L. 102-484 provided that: ''The amendments

made by sections 1063, 1064, 1065, and 1066 (amending this section

and sections 857, 863, 911, 918, and 920 of this title) shall take

effect on the date of the enactment of this Act (Oct. 23, 1992) and

shall apply with respect to offenses committed on or after that

date.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661 applicable to offenses committed on

or after the earlier of (1) the last day of the 120-day period

beginning on Nov. 14, 1986; or (2) the date specified in an

Executive order, see sections 804(e) and 808 of Pub. L. 99-661, set

out as notes under section 802 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 804 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 804. Art. 4. Dismissed officer's right to trial by

court-martial

-STATUTE-

(a) If any commissioned officer, dismissed by order of the

President, makes a written application for trial by court-martial,

setting forth, under oath, that he has been wrongfully dismissed,

the President, as soon as practicable, shall convene a general

court-martial to try that officer on the charges on which he was

dismissed. A court-martial so convened has jurisdiction to try the

dismissed officer on those charges, and he shall be considered to

have waived the right to plead any statute of limitations

applicable to any offense with which he is charged. The

court-martial may, as part of its sentence, adjudge the affirmance

of the dismissal, but if the court-martial acquits the accused or

if the sentence adjudged, as finally approved or affirmed, does not

include dismissal or death, the Secretary concerned shall

substitute for the dismissal ordered by the President a form of

discharge authorized for administrative issue.

(b) If the President fails to convene a general court-martial

within six months from the presentation of an application for trial

under this article, the Secretary concerned shall substitute for

the dismissal ordered by the President a form of discharge

authorized for administrative issue.

(c) If a discharge is substituted for a dismissal under this

article, the President alone may reappoint the officer to such

commissioned grade and with such rank as, in the opinion of the

President, that former officer would have attained had he not been

dismissed. The reappointment of such a former officer shall be

without regard to the existence of a vacancy and shall affect the

promotion status of other officers only insofar as the President

may direct. All time between the dismissal and the reappointment

shall be considered as actual service for all purposes, including

the right to pay and allowances.

(d) If an officer is discharged from any armed force by

administrative action or is dropped from the rolls by order of the

President, he has no right to trial under this article.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 38.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

804(a) 804(b) 50:554(a). May 5, 1950, ch.

50:554(b). 169, Sec. 1 (Art.

4), 64 Stat. 110.

804(c) 50:554(c).

804(d) 50:554(d).

-------------------------------

In subsection (a), the word ''If'' is substituted for the word

''When''. The word ''commissioned'' is inserted before the word

''officer''. The word ''considered'' is substituted for the word

''held''.

In subsections (a) and (b), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

In subsection (c), the word ''If'' is substituted for the word

''Where''. The words ''the authority of'' are omitted as

surplusage. The words ''grade and with such rank'' are substituted

for the words ''rank and precedence'', since a person is appointed

to a grade, not to a position of precedence, and the word ''rank''

is the accepted military word denoting the general idea of

precedence. The words ''the existence of a'' are substituted for

the word ''position'' for clarity. The word ''receive'' is omitted

as surplusage.

In subsection (d), the word ''If'' is substituted for the word

''When''. The words ''he has no'' are substituted for the words

''there shall not be a''.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of Homeland Security of certain

authority vested in President by this section, see section 2 of Ex.

Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out

as a note under section 301 of Title 3, The President.

-CITE-

10 USC Sec. 805 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 805. Art. 5. Territorial applicability of this chapter

-STATUTE-

This chapter applies in all places.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

805 50:555. May 5, 1950, ch.

169, Sec. 1 (Art.

5), 64 Stat. 110.

-------------------------------

The word ''applies'' is substituted for the words ''shall be

applicable''.

-CITE-

10 USC Sec. 806 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 806. Art. 6. Judge advocates and legal officers

-STATUTE-

(a) The assignment for duty of judge advocates of the Army, Navy,

Air Force, and Coast Guard shall be made upon the recommendation of

the Judge Advocate General of the armed force of which they are

members. The assignment for duty of judge advocates of the Marine

Corps shall be made by direction of the Commandant of the Marine

Corps. The Judge Advocate General or senior members of his staff

shall make frequent inspections in the field in supervision of the

administration of military justice.

(b) Convening authorities shall at all times communicate directly

with their staff judge advocates or legal officers in matters

relating to the administration of military justice; and the staff

judge advocate or legal officer of any command is entitled to

communicate directly with the staff judge advocate or legal officer

of a superior or subordinate command, or with the Judge Advocate

General.

(c) No person who has acted as member, military judge, trial

counsel, assistant trial counsel, defense counsel, assistant

defense counsel, or investigating officer in any case may later act

as a staff judge advocate or legal officer to any reviewing

authority upon the same case.

(d)(1) A judge advocate who is assigned or detailed to perform

the functions of a civil office in the Government of the United

States under section 973(b)(2)(B) of this title may perform such

duties as may be requested by the agency concerned, including

representation of the United States in civil and criminal cases.

(2) The Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, shall prescribe regulations providing

that reimbursement may be a condition of assistance by judge

advocates assigned or detailed under section 973(b)(2)(B) of this

title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90-179, Sec. 1(3),

Dec. 8, 1967, 81 Stat. 545; Pub. L. 90-632, Sec. 2(2), Oct. 24,

1968, 82 Stat. 1335; Pub. L. 98-209, Sec. 2(b), Dec. 6, 1983, 97

Stat. 1393; Pub. L. 99-661, div. A, title VIII, Sec. 807(a), Nov.

14, 1986, 100 Stat. 3909; Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

806(a) 806(b) 50:556(a). May 5, 1950, ch.

50:556(b). 169, Sec. 1 (Art.

6), 64 Stat. 110.

806(c) 50:556(c).

-------------------------------

In subsection (b), the word ''entitled'' is substituted for the

word ''authorized''.

In subsection (c), the words ''may later'' are substituted for

the words ''shall subsequently''.

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1986 - Subsec. (d). Pub. L. 99-661 added subsec. (d).

1983 - Subsec. (a). Pub. L. 98-209 substituted ''Air Force, and''

for ''and Air Force and law specialists of the''.

1968 - Subsec. (c). Pub. L. 90-632 substituted ''military judge''

for ''law officer''.

1967 - Subsec. (a). Pub. L. 90-179 substituted reference to judge

advocates of the Navy for reference to law specialists of the Navy

and provided for the assignment of judge advocates of the Marine

Corps.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 807(b) of Pub. L. 99-661 provided that: ''The amendment

made by subsection (a) (amending this section) -

''(1) shall take effect on the date of the enactment of this

Act (Nov. 14, 1986); and

''(2) may not be construed to invalidate an action taken by a

judge advocate, pursuant to an assignment or detail under section

973(b)(2)(B) of title 10, United States Code, before the date of

the enactment of this Act.''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, see section 12(a)(1)

of Pub. L. 98-209, set out as a note under section 801 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 806a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 806a. Art. 6a. Investigation and disposition of matters

pertaining to the fitness of military judges

-STATUTE-

(a) The President shall prescribe procedures for the

investigation and disposition of charges, allegations, or

information pertaining to the fitness of a military judge or

military appellate judge to perform the duties of the judge's

position. To the extent practicable, the procedures shall be

uniform for all armed forces.

(b) The President shall transmit a copy of the procedures

prescribed pursuant to this section to the Committee on Armed

Services of the Senate and the Committee on Armed Forces of the

House of Representatives.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1303, Nov. 29,

1989, 103 Stat. 1576; amended Pub. L. 104-106, div. A, title XV,

Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65,

div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (b). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

-CITE-

10 USC SUBCHAPTER II - APPREHENSION AND RESTRAINT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

.

-HEAD-

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

807. 7. Apprehension.

808. 8. Apprehension of

deserters.

809. 9. Imposition of

restraint.

810. 10. Restraint of persons

charged with

offenses.

811. 11. Reports and

receiving of

prisoners.

812. 12. Confinement with

enemy prisoners

prohibited.

813. 13. Punishment

prohibited before

trial.

814. 14. Delivery of

offenders to civil

authorities.

-------------------------------

-CITE-

10 USC Sec. 807 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 807. Art. 7. Apprehension

-STATUTE-

(a) Apprehension is the taking of a person into custody.

(b) Any person authorized under regulations governing the armed

forces to apprehend persons subject to this chapter or to trial

thereunder may do so upon reasonable belief that an offense has

been committed and that the person apprehended committed it.

(c) Commissioned officers, warrant officers, petty officers, and

noncommissioned officers have authority to quell quarrels, frays,

and disorders among persons subject to this chapter and to

apprehend persons subject to this chapter who take part therein.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

807(a) 807(b) 50:561(a). May 5, 1950, ch.

50:561(b). 169, Sec. 1 (Art.

7), 64 Stat. 111.

807(c) 50:561(c).

-------------------------------

In subsection (a), the words ''into custody'' and ''of a person''

are transposed.

In subsection (c), the words ''All'' and ''shall'' are omitted as

surplusage. The word ''Commissioned'' is inserted before the word

''officers'' for clarity. The word ''therein'' is substituted for

the words ''in the same''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 808 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 808. Art. 8. Apprehension of deserters

-STATUTE-

Any civil officer having authority to apprehend offenders under

the laws of the United States or of a State, Territory,

Commonwealth, or possession, or the District of Columbia may

summarily apprehend a deserter from the armed forces and deliver

him into the custody of those forces.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

808 50:562. May 5, 1950, ch.

169, Sec. 1 (Art.

8), 64 Stat. 111.

-------------------------------

The word ''may'' is substituted for the words ''It shall be

lawful for * * * to''. The words ''a State, Territory,

Commonwealth, or possession, or the District of Columbia'' are

substituted for the words ''any State, District, Territory, or

possession of the United States''. The words ''of the United

States'', before the words ''and deliver'', are omitted as

surplusage. The words ''those forces'' are substituted for the

words ''the armed forces of the United States'', after the words

''custody of''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 809 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 809. Art. 9. Imposition of restraint

-STATUTE-

(a) Arrest is the restraint of a person by an order, not imposed

as a punishment for an offense, directing him to remain within

certain specified limits. Confinement is the physical restraint of

a person.

(b) An enlisted member may be ordered into arrest or confinement

by any commissioned officer by an order, oral or written, delivered

in person or through other persons subject to this chapter. A

commanding officer may authorize warrant officers, petty officers,

or noncommissioned officers to order enlisted members of his

command or subject to his authority into arrest or confinement.

(c) A commissioned officer, a warrant officer, or a civilian

subject to this chapter or to trial thereunder may be ordered into

arrest or confinement only by a commanding officer to whose

authority he is subject, by an order, oral or written, delivered in

person or by another commissioned officer. The authority to order

such persons into arrest or confinement may not be delegated.

(d) No person may be ordered into arrest or confinement except

for probable cause.

(e) Nothing in this article limits the authority of persons

authorized to apprehend offenders to secure the custody of an

alleged offender until proper authority may be notified.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

809(a) 809(b) 50:563(a). May 5, 1950, ch.

50:563(b). 169, Sec. 1 (Art.

9), 64 Stat. 111.

809(c) 50:563(c).

809(d) 50:563(d).

809(e) 50:563(e).

-------------------------------

In subsection (b), the word ''commissioned'' is inserted before

the word ''officer'' for clarity. The words ''member'' and

''members'', respectively, are substituted for the words ''person''

and ''persons''.

In subsection (c), the words ''A commissioned'' are substituted

for the word ''An'' for clarity. The word ''commissioned'' is

inserted after the word ''another'' for clarity.

In subsection (d), the word ''may'' is substituted for the word

''shall''.

In subsection (e), the word ''limits'' is substituted for the

words ''shall be construed to limit''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 810 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 810. Art. 10. Restraint of persons charged with offenses

-STATUTE-

Any person subject to this chapter charged with an offense under

this chapter shall be ordered into arrest or confinement, as

circumstances may require; but when charged only with an offense

normally tried by a summary court-martial, he shall not ordinarily

be placed in confinement. When any person subject to this chapter

is placed in arrest or confinement prior to trial, immediate steps

shall be taken to inform him of the specific wrong of which he is

accused and to try him or to dismiss the charges and release him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

810 50:564. May 5, 1950, ch.

169, Sec. 1 (Art.

10), 64 Stat. 111.

-------------------------------

The word ''he'' is substituted for the words ''such person''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 811 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 811. Art. 11. Reports and receiving of prisoners

-STATUTE-

(a) No provost marshal, commander of a guard, or master at arms

may refuse to receive or keep any prisoner committed to his charge

by a commissioned officer of the armed forces, when the committing

officer furnishes a statement, signed by him, of the offense

charged against the prisoner.

(b) Every commander of a guard or master at arms to whose charge

a prisoner is committed shall, within twenty-four hours after that

commitment or as soon as he is relieved from guard, report to the

commanding officer the name of the prisoner, the offense charged

against him, and the name of the person who ordered or authorized

the commitment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

811(a) 811(b) 50:565(a). May 5, 1950, ch.

50:565(b). 169, Sec. 1 (Art.

11), 64 Stat. 112.

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall''. The words ''a commissioned'' are substituted for the

word ''an'' for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 812 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 812. Art. 12. Confinement with enemy prisoners prohibited

-STATUTE-

No member of the armed forces may be placed in confinement in

immediate association with enemy prisoners or other foreign

nationals not members of the armed forces.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 41.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

812 50:566. May 5, 1950, ch.

169, Sec. 1 (Art.

12), 64 Stat. 112.

-------------------------------

The words ''of the United States'' are omitted as surplusage.

The word ''may'' is substituted for the word ''shall''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 813 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 813. Art. 13. Punishment prohibited before trial

-STATUTE-

No person, while being held for trial, may be subjected to

punishment or penalty other than arrest or confinement upon the

charges pending against him, nor shall the arrest or confinement

imposed upon him be any more rigorous than the circumstances

require to insure his presence, but he may be subjected to minor

punishment during that period for infractions of discipline.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97-81, Sec. 3, Nov.

20, 1981, 95 Stat. 1087.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

813 50:567. May 5, 1950, ch.

169, Sec. 1 (Art.

13), 64 Stat. 112.

-------------------------------

The words ''the provisions of'' are omitted as surplusage. The

word ''results'' is changed to the singular. The word ''may'' is

substituted for the word ''shall''.

AMENDMENTS

1981 - Pub. L. 97-81 substituted ''No person, while being held

for trial, may be subjected'' for ''Subject to section 857 of this

title (article 57), no person, while being held for trial or the

result of trial, may be subjected''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-81 to take effect at the end of the

60-day period beginning on Nov. 20, 1981, and to apply to each

person held as the result of a court-martial sentence announced on

or after that date, see section 7(a) and (b)(2) of Pub. L. 97-81,

set out as an Effective Date note under section 706 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 814 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER II - APPREHENSION AND RESTRAINT

-HEAD-

Sec. 814. Art. 14. Delivery of offenders to civil authorities

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe, a member of the armed forces accused of an offense

against civil authority may be delivered, upon request, to the

civil authority for trial.

(b) When delivery under this article is made to any civil

authority of a person undergoing sentence of a court-martial, the

delivery, if followed by conviction in a civil tribunal, interrupts

the execution of the sentence of the court-martial, and the

offender after having answered to the civil authorities for his

offense shall, upon the request of competent military authority, be

returned to military custody for the completion of his sentence.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 41.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

814(a) 814(b) 50:568(a). May 5, 1950, ch.

50:568(b). 169, Sec. 1 (Art.

14), 64 Stat. 112.

-------------------------------

In subsection (a), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

In subsection (b), the word ''interrupts'' is substituted for the

words ''shall be held to interrupt''. The word ''his'' is

substituted for the words ''the said court-martial''.

REGULATIONS FOR DELIVERY OF MILITARY PERSONNEL TO CIVIL AUTHORITIES

WHEN CHARGED WITH CERTAIN OFFENSES

Pub. L. 100-456, div. A, title VII, Sec. 721, Sept. 29, 1988,

102 Stat. 2001, provided that:

''(a) Not later than 90 days after the date of enactment of this

Act (Sept. 29, 1988), the Secretary of Defense shall ensure that

the Secretaries of the military departments have issued uniform

regulations pursuant to section 814 of title 10, United States

Code, to provide for the delivery of members of the Armed Forces to

civilian authority when such members have been accused of offenses

against civil authority. Such regulations shall specifically

provide for the delivery of such members to civilian authority, in

appropriate cases, when such members are accused of parental

kidnapping and other similar offenses, including criminal contempt

arising from such offenses and from child custody matters, and

shall specifically address the special needs for the exercise of

the authority contained in section 814 of title 10, United States

Code, when members of the Armed Forces assigned overseas are

accused of offenses by civilian authorities.

''(b) Not later than 120 days after the enactment of this Act

(Sept. 29, 1988), the Secretary of Defense shall transmit to the

Committees on Armed Services of the Senate and House of

Representatives a copy of all regulations promulgated under section

814 of title 10, United States Code, as a result of this section

and any recommendations that the Secretary may have concerning the

need for additional legislation related to the amenability of

members of the Armed Forces to civil authority.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC SUBCHAPTER III - NON-JUDICIAL PUNISHMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER III - NON-JUDICIAL PUNISHMENT

.

-HEAD-

SUBCHAPTER III - NON-JUDICIAL PUNISHMENT

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

815. 15. Commanding officer's

non-judicial

punishment.

-------------------------------

-CITE-

10 USC Sec. 815 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER III - NON-JUDICIAL PUNISHMENT

-HEAD-

Sec. 815. Art. 15. Commanding officer's non-judicial punishment

-STATUTE-

(a) Under such regulations as the President may prescribe, and

under such additional regulations as may be prescribed by the

Secretary concerned, limitations may be placed on the powers

granted by this article with respect to the kind and amount of

punishment authorized, the categories of commanding officers and

warrant officers exercising command authorized to exercise those

powers, the applicability of this article to an accused who demands

trial by court-martial, and the kinds of courts-martial to which

the case may be referred upon such a demand. However, except in

the case of a member attached to or embarked in a vessel,

punishment may not be imposed upon any member of the armed forces

under this article if the member has, before the imposition of such

punishment, demanded trial by court-martial in lieu of such

punishment. Under similar regulations, rules may be prescribed

with respect to the suspension of punishments authorized

hereunder. If authorized by regulations of the Secretary

concerned, a commanding officer exercising general court-martial

jurisdiction or an officer or general or flag rank in command may

delegate his powers under this article to a principal assistant.

(b) Subject to subsection (a), any commanding officer may, in

addition to or in lieu of admonition or reprimand, impose one or

more of the following disciplinary punishments for minor offenses

without the intervention of a court-martial -

(1) upon officers of his command -

(A) restriction to certain specified limits, with or without

suspension from duty, for not more than 30 consecutive days;

(B) if imposed by an officer exercising general court-martial

jurisdiction or an officer of general or flag rank in command -

(i) arrest in quarters for not more than 30 consecutive

days;

(ii) forfeiture of not more than one-half of one month's

pay per month for two months;

(iii) restriction to certain specified limits, with or

without suspension from duty, for not more than 60

consecutive days;

(iv) detention of not more than one-half of one month's pay

per month for three months;

(2) upon other personnel of his command -

(A) if imposed upon a person attached to or embarked in a

vessel, confinement on bread and water or diminished rations

for not more than three consecutive days;

(B) correctional custody for not more than seven consecutive

days;

(C) forfeiture of not more than seven days' pay;

(D) reduction to the next inferior pay grade, if the grade

from which demoted is within the promotion authority of the

officer imposing the reduction or any officer subordinate to

the one who imposes the reduction;

(E) extra duties, including fatigue or other duties, for not

more than 14 consecutive days;

(F) restriction to certain specified limits, with or without

suspension from duty, for not more than 14 consecutive days;

(G) detention of not more than 14 days' pay;

(H) if imposed by an officer of the grade of major or

lieutenant commander, or above -

(i) the punishment authorized under clause (A);

(ii) correctional custody for not more than 30 consecutive

days;

(iii) forfeiture of not more than one-half of one month's

pay per month for two months;

(iv) reduction to the lowest or any intermediate pay grade,

if the grade from which demoted is within the promotion

authority of the officer imposing the reduction or any

officer subordinate to the one who imposes the reduction, but

an enlisted member in a pay grade above E-4 may not be

reduced more than two pay grades;

(v) extra duties, including fatigue or other duties, for

not more than 45 consecutive days;

(vi) restrictions to certain specified limits, with or

without suspension from duty, for not more than 60

consecutive days;

(vii) detention of not more than one-half of one month's

pay per month for three months.

Detention of pay shall be for a stated period of not more than one

year but if the offender's term of service expires earlier, the

detention shall terminate upon that expiration. No two or more of

the punishments of arrest in quarters, confinement on bread and

water or diminished rations, correctional custody, extra duties,

and restriction may be combined to run consecutively in the maximum

amount imposable for each. Whenever any of those punishments are

combined to run consecutively, there must be an apportionment. In

addition, forfeiture of pay may not be combined with detention of

pay without an apportionment. For the purposes of this subsection,

''correctional custody'' is the physical restraint of a person

during duty or nonduty hours and may include extra duties, fatigue

duties, or hard labor. If practicable, correctional custody will

not be served in immediate association with persons awaiting trial

or held in confinement pursuant to trial by court-martial.

(c) An officer in charge may impose upon enlisted members

assigned to the unit of which he is in charge such of the

punishments authorized under subsection (b)(2)(A)-(G) as the

Secretary concerned may specifically prescribe by regulation.

(d) The officer who imposes the punishment authorized in

subsection (b), or his successor in command, may, at any time,

suspend probationally any part or amount of the unexecuted

punishment imposed and may suspend probationally a reduction in

grade or a forfeiture imposed under subsection (b), whether or not

executed. In addition, he may, at any time, remit or mitigate any

part or amount of the unexecuted punishment imposed and may set

aside in whole or in part the punishment, whether executed or

unexecuted, and restore all rights, privileges, and property

affected. He may also mitigate reduction in grade to forfeiture or

detention of pay. When mitigating -

(1) arrest in quarters to restriction;

(2) confinement on bread and water or diminished rations to

correctional custody;

(3) correctional custody or confinement on bread and water or

diminished rations to extra duties or restriction, or both; or

(4) extra duties to restriction;

the mitigated punishment shall not be for a greater period than the

punishment mitigated. When mitigating forfeiture of pay to

detention of pay, the amount of the detention shall not be greater

than the amount of the forfeiture. When mitigating reduction in

grade to forfeiture or detention of pay, the amount of the

forfeiture of detention shall not be greater than the amount that

could have been imposed initially under this article by the officer

who imposed the punishment mitigated.

(e) A person punished under this article who considers his

punishment unjust or disproportionate to the offense may, through

the proper channel, appeal to the next superior authority. The

appeal shall be promptly forwarded and decided, but the person

punished may in the meantime be required to undergo the punishment

adjudged. The superior authority may exercise the same powers with

respect to the punishment imposed as may be exercised under

subsection (d) by the officer who imposed the punishment. Before

acting on an appeal from a punishment of -

(1) arrest in quarters for more than seven days;

(2) correctional custody for more than seven days;

(3) forfeiture of more than seven days' pay;

(4) reduction of one or more pay grades from the fourth or a

higher pay grade;

(5) extra duties for more than 14 days;

(6) restriction for more than 14 days; or

(7) detention of more than 14 days' pay;

the authority who is to act on the appeal shall refer the case to a

judge advocate or a lawyer of the Department of Homeland Security

for consideration and advice, and may so refer the case upon appeal

from any punishment imposed under subsection (b).

(f) The imposition and enforcement of disciplinary punishment

under this article for any act or omission is not a bar to trial by

court-martial for a serious crime or offense growing out of the

same act or omission, and not properly punishable under this

article; but the fact that a disciplinary punishment has been

enforced may be shown by the accused upon trial, and when so shown

shall be considered in determining the measure of punishment to be

adjudged in the event of a finding of guilty.

(g) The Secretary concerned may, by regulation, prescribe the

form of records to be kept of proceedings under this article and

may also prescribe that certain categories of those proceedings

shall be in writing.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 87-648, Sec. 1,

Sept. 7, 1962, 76 Stat. 447; Pub. L. 90-179, Sec. 1(4), Dec. 8,

1967, 81 Stat. 545; Pub. L. 90-623, Sec. 2(4), Oct. 22, 1968, 82

Stat. 1314; Pub. L. 98-209, Sec. 2(c), 13(b), Dec. 6, 1983, 97

Stat. 1393, 1408; Pub. L. 107-296, title XVII, Sec. 1704(b)(1),

Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

815(a) 815(b) 50:571(a). May 5, 1950, ch.

50:571(b). 169, Sec. 1 (Art.

15), 64 Stat. 112.

815(c) 50:571(c).

815(d) 50:571(d).

815(e) 50:571(e).

-------------------------------

In subsection (a), the words ''not more than'' are substituted

for the words ''a period not to exceed'', ''not to exceed'', and

''a period not exceeding''.

In subsection (a)(1), the words ''and warrant officers'' are

omitted, since the word ''officer'', as defined in section 101(14)

of this title, includes warrant officers.

In clause (1)(C), the words ''one month's pay'' are substituted

for the words ''his pay per month for a period not exceeding one

month''.

In subsection (b), the words ''Secretary concerned'' are

substituted for the words ''Secretary of a Department''.

In subsection (c), the word ''subsections'' is substituted for

the word ''subdivisions''. The words ''enlisted members'' are

substituted for the words ''enlisted persons''.

In subsections (d) and (e), the words ''authority of'' are

omitted as surplusage.

In subsection (d), the word ''considers'' is substituted for the

word ''deems''. The word ''may'' is substituted for the words

''shall have power to * * * to''.

In subsection (e), the words ''is not'' are substituted for the

words ''shall not be''.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation'' in concluding provisions.

1983 - Pub. L. 98-209, Sec. 13(b)(1), substituted

''non-judicial'' for ''nonjudicial'' in section catchline.

Subsec. (b). Pub. L. 98-209, Sec. 13(b)(2)(A), struck out ''of

this section'' after ''subsection (a)'' in provisions preceding

par. (1).

Subsec. (b)(2)(H)(i). Pub. L. 98-209, Sec. 13(b)(2)(B),

substituted ''clause (A)'' for ''subsection (b)(2)(A)''.

Subsec. (e). Pub. L. 98-209, Sec. 2(c), substituted ''or a lawyer

of the'' for ''of the Army, Navy, Air Force, or Marine Corps, or a

law specialist or lawyer of the Coast Guard or''.

1968 - Subsec. (e). Pub. L. 90-623 substituted ''or a law

specialist or lawyer of the Coast Guard or Department of

Transportation'' for ''or a law specialist or lawyer of the Marine

Corps, Coast Guard, or Treasury Department''.

1967 - Subsec. (e). Pub. L. 90-179 inserted reference to judge

advocate of the Marine Corps and substituted reference to judge

advocate of the Navy for reference to law specialist of the Navy.

1962 - Subsec. (a). Pub. L. 87-648 redesignated former subsec.

(b) as (a), inserted references to such regulations as the

President may prescribe, permitted limitations to be placed on the

categories of warrant officers exercising command authorized to

exercise powers under this article, and on the kinds of

courts-martial to which a case may be referred upon demand

therefor, promulgation of regulations prescribing rules with

respect to the suspension of punishment authorized by this article,

and the delegation of powers to a principal assistant by a

commanding officer exercising general court-martial jurisdiction or

an officer of general or flag rank in command, if so authorized by

the Secretary's regulations, and prohibited, except for members

attached to or embarked in a vessel, imposition of punishment under

this article on any member of the armed forces who, before

imposition of such punishment, demands trial by court-martial.

Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 87-648 redesignated former subsec. (a) as

(b), enlarged authority of commanding officers to impose punishment

upon officers by increasing the number of days restriction from not

more than 14 to not more than 30 days, and the number of months

one-half of one month's pay may be ordered forfeited by an officer

exercising general court-martial jurisdiction from one to two

months, empowering officers exercising general court-martial

jurisdiction and officers of general or flag rank in command to

impose arrest in quarters for not more than 30 consecutive days,

restriction, with or without suspension from duty, for not more

than 60 consecutive days, and detention of not more than one-half

of one month's pay per month for three months, and officers of

general or flag rank in command to order forfeiture of not more

than one-half of one month's pay per month for two months, and the

authority of commanding officers to impose punishment upon other

personnel of his command to permit correctional custody for not

more than seven consecutive days, forfeiture of not more than seven

days' pay, and detention of not more than 14 days' pay, empowered

officers of the grade of major or lieutenant commander, or above,

to impose the punishments prescribed in clauses (i) to (vii) of

subpar. (2) (H) upon personnel of his command other than officers,

changed provisions which permitted reduction to next inferior

grade, if the grade from which demoted was established by the

command or an equivalent or lower command to permit reduction to

the next inferior pay grade, if the grade from which demoted is

within the promotion authority of the officer imposing the

reduction or any officer subordinate to the one who imposes the

reduction, and provisions which permitted extra duties for not more

than two consecutive weeks, and not more than two hours per day,

holidays included, to authorize extra duties, including fatigue or

other duties, for not more than 14 consecutive days, inserted

provisions limiting detention of pay for a stated period of not

more than one year, prohibiting two or more of the punishments of

arrest in quarters, confinement on bread and water or diminished

rations, correctional custody, extra duties, and restriction to be

combined to run consecutively in the maximum amount imposable for

each, combining of forfeiture of pay with detention without an

apportionment, and service of correctional custody, if practicable,

in immediate association with persons awaiting trial or held in

confinement pursuant to court-martial, requiring apportionment of

punishments combined to run consecutively, and in those cases where

forfeiture of pay is combined with detention of pay, defining

''correctional custody'', and struck out provisions which permitted

withholding of privileges of officers and other personnel for not

more than two consecutive weeks and which authorized confinement

for not more than seven consecutive days if imposed upon a person

attached to or embarked in a vessel. Former subsec. (b)

redesignated (a).

Subsec. (c). Pub. L. 87-648 substituted ''under subsection

(b)(2)(A)-(G) as the Secretary concerned may specifically prescribe

by regulation'' for ''to be imposed by commanding officers as the

Secretary concerned may by regulation specifically prescribe, as

provided in subsections (a) and (b),'' and deleted ''for minor

offenses'' after ''an officer in charge may''.

Subsecs. (d), (e). Pub. L. 87-648 added subsec. (d), redesignated

former subsec. (d) as (e), inserted provisions requiring the

authority who is to act on an appeal from any of the seven

enumerated punishments to refer the case to a judge advocate of the

Army or Air Force, a law specialist of the Navy, or a law

specialist or lawyer of the Marine Corps, Coast Guard, or Treasury

Department for advice, and authorizing such referral of any case on

appeal from punishments under subsec. (b) of this section, and

substituted ''The superior authority may exercise the same powers

with respect to the punishment imposed as may be exercised under

subsection (d) by the officer who imposed the punishment'' for

''The officer who imposes the punishment, his successor in command,

and superior authority may suspend, set aside, or remit any part or

amount of the punishment, and restore all rights, privileges, and

property affected.'' Former subsec. (e) redesignated (f).

Subsecs. (f), (g). Pub. L. 87-648 redesignated former subsec. (e)

as (f) and added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 13(b) of Pub. L. 98-209 effective Dec. 6,

1983, and amendment by section 2(c) of Pub. L. 98-209 effective

first day of eighth calendar month beginning after Dec. 6, 1983,

see section 12(a)(1) of Pub. L. 98-209, set out as a note under

section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 2 of Pub. L. 87-648 provided that: ''This Act (amending

this section) becomes effective on the first day of the fifth month

following the month in which it is enacted (September 1962).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 843, 937, 2772 of

this title.

-CITE-

10 USC SUBCHAPTER IV - COURT-MARTIAL JURISDICTION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

.

-HEAD-

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

816. 16. Courts-martial

classified.

817. 17. Jurisdiction of

courts-martial in

general.

818. 18. Jurisdiction of

general courts-

martial.

819. 19. Jurisdiction of

special courts-

martial.

820. 20. Jurisdiction of

summary courts-

martial.

821. 21. Jurisdiction of

courts-martial not

exclusive.

-------------------------------

-CITE-

10 USC Sec. 816 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-HEAD-

Sec. 816. Art. 16. Courts-martial classified

-STATUTE-

The three kinds of courts-martial in each of the armed forces are

-

(1) general courts-martial, consisting of -

(A) a military judge and not less than five members or, in a

case in which the accused may be sentenced to a penalty of

death, the number of members determined under section 825a of

this title (article 25a); or

(B) only a military judge, if before the court is assembled

the accused, knowing the identity of the military judge and

after consultation with defense counsel, requests orally on the

record or in writing a court composed only of a military judge

and the military judge approves;

(2) special courts-martial, consisting of -

(A) not less than three members; or

(B) a military judge and not less than three members; or

(C) only a military judge, if one has been detailed to the

court, and the accused under the same conditions as those

prescribed in clause (1)(B) so requests; and

(3) summary courts-martial, consisting of one commissioned

officer.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90-632, Sec. 2(3),

Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98-209, Sec. 3(a), Dec. 6,

1983, 97 Stat. 1394; Pub. L. 107-107, div. A, title V, Sec.

582(a), Dec. 28, 2001, 115 Stat. 1124.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

816 50:576. May 5, 1950, ch.

169, Sec. 1 (Art.

16), 64 Stat. 113.

-------------------------------

The word ''The'' is substituted for the words ''There shall

be''. The word ''are'' is substituted for the word ''namely''. The

words ''not less than five members'' are substituted for the words

''any number of members not less than five''. The words ''not less

than three members'' are substituted for the words ''any number of

members not less than three''. The word ''commissioned'' is

inserted before the word ''officer'' in clause (3) for clarity.

AMENDMENTS

2001 - Par. (1)(A). Pub. L. 107-107 inserted ''or, in a case in

which the accused may be sentenced to a penalty of death, the

number of members determined under section 825a of this title

(article 25a)'' after ''five members''.

1983 - Par. (1)(B). Pub. L. 98-209 substituted ''orally on the

record or in writing'' for ''in writing''.

1968 - Pub. L. 90-632 provided that a general or special

court-martial shall consist of only a military judge if the

accused, before the court is assembled, so requests in writing and

the military judge approves, with the added requirements that the

accused know the identity of the military judge and have the advice

of counsel, and that the election be available in the case of a

special court-martial only if a military judge has been detailed to

the court.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 582(d), Dec. 28, 2001,

115 Stat. 1125, provided that: ''The amendments made by this

section (enacting section 825a of this title and amending this

section and section 829 of this title) shall apply with respect to

offenses committed after December 31, 2002.''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, see section 12(a)(1)

of Pub. L. 98-209, set out as a note under section 801 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 818, 829, 841 of this

title.

-CITE-

10 USC Sec. 817 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-HEAD-

Sec. 817. Art. 17. Jurisdiction of courts-martial in general

-STATUTE-

(a) Each armed force has court-martial jurisdiction over all

persons subject to this chapter. The exercise of jurisdiction by

one armed force over personnel of another armed force shall be in

accordance with regulations prescribed by the President.

(b) In all cases, departmental review after that by the officer

with authority to convene a general court-martial for the command

which held the trial, where that review is required under this

chapter, shall be carried out by the department that includes the

armed force of which the accused is a member.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 43.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

817(a) 817(b) 50:577(a). May 5, 1950, ch.

50:577(b). 169, Sec. 1 (Art.

17), 64 Stat. 114.

-------------------------------

In subsection (a), the word ''has'' is substituted for the words

''shall have''.

In subsection (b), the word ''after'' is substituted for the

words ''subsequent to''. The words ''the provisions of'' are

omitted as surplusage. The words ''department that includes the''

are inserted before the words ''armed force'', since the review is

carried out by the department and not by the armed force.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 818, 819, 820 of this

title.

-CITE-

10 USC Sec. 818 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-HEAD-

Sec. 818. Art. 18. Jurisdiction of general courts-martial

-STATUTE-

Subject to section 817 of this title (article 17), general

courts-martial have jurisdiction to try persons subject to this

chapter for any offense made punishable by this chapter and may,

under such limitations as the President may prescribe, adjudge any

punishment not forbidden by this chapter, including the penalty of

death when specifically authorized by this chapter. General

courts-martial also have jurisdiction to try any person who by the

law of war is subject to trial by a military tribunal and may

adjudge any punishment permitted by the law of war. However, a

general court-martial of the kind specified in section 816(1)(B) of

this title (article 16(1)(B)) shall not have jurisdiction to try

any person for any offense for which the death penalty may be

adjudged unless the case has been previously referred to trial as a

noncapital case.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90-632, Sec. 2(4),

Oct. 24, 1968, 82 Stat. 1335.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

818 50:578. May 5, 1950, ch.

169, Sec. 1 (Art.

18), 64 Stat. 114.

-------------------------------

The word ''shall'' is omitted as surplusage wherever it occurs.

AMENDMENTS

1968 - Pub. L. 90-632 provided that a general court-martial

consisting of only a military judge has no jurisdiction in cases in

which the death penalty may be adjudged unless the case has been

previously referred to trial as a noncapital case.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 819 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-HEAD-

Sec. 819. Art. 19. Jurisdiction of special courts-martial

-STATUTE-

Subject to section 817 of this title (article 17), special

courts-martial have jurisdiction to try persons subject to this

chapter for any noncapital offense made punishable by this chapter

and, under such regulations as the President may prescribe, for

capital offenses. Special courts-martial may, under such

limitations as the President may prescribe, adjudge any punishment

not forbidden by this chapter except death, dishonorable discharge,

dismissal, confinement for more than one year, hard labor without

confinement for more than three months, forfeiture of pay exceeding

two-thirds pay per month, or forfeiture of pay for more than one

year. A bad-conduct discharge, confinement for more than six

months, or forfeiture of pay for more than six months may not be

adjudged unless a complete record of the proceedings and testimony

has been made, counsel having the qualifications prescribed under

section 827(b) of this title (article 27(b)) was detailed to

represent the accused, and a military judge was detailed to the

trial, except in any case in which a military judge could not be

detailed to the trial because of physical conditions or military

exigencies. In any such case in which a military judge was not

detailed to the trial, the convening authority shall make a

detailed written statement, to be appended to the record, stating

the reason or reasons a military judge could not be detailed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90-632, Sec. 2(5),

Oct. 24, 1968, 82 Stat. 1335; Pub. L. 106-65, div. A, title V,

Sec. 577(a), Oct. 5, 1999, 113 Stat. 625; Pub. L. 107-107, div. A,

title X, Sec. 1048(g)(4), Dec. 28, 2001, 115 Stat. 1228.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

819 50:579. May 5, 1950, ch.

169, Sec. 1 (Art.

19), 64 Stat. 114.

-------------------------------

The word ''shall'' in the first sentence is omitted as

surplusage. The words ''for more than'' are substituted for the

words ''in excess of''. The words ''more than'' are substituted

for the words ''a period exceeding''. The word ''may'' is

substituted for the word ''shall'' in the last sentence.

AMENDMENTS

2001 - Pub. L. 107-107, Sec. 1048(g)(4), amended directory

language of Pub. L. 106-65, Sec. 577(a)(2). See 1999 Amendment note

below.

1999 - Pub. L. 106-65, Sec. 577(a)(2), as amended by Pub. L.

107-107, Sec. 1048(g)(4), inserted '', confinement for more than

six months, or forfeiture of pay for more than six months'' after

''A bad-conduct discharge'' in third sentence.

Pub. L. 106-65, Sec. 577(a)(1), substituted ''one year'' for

''six months'' in two places in second sentence.

1968 - Pub. L. 90-632 provided that before a bad-conduct

discharge may be adjudged by a special court-martial the accused

must be detailed counsel who is legally qualified under the Code

and a military judge must be detailed to the trial, with a detailed

written statement appended to the record if a military judge was

not detailed to the trial, because of physical conditions and

military exigencies, stating the reasons that a military judge

could not be so detailed.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title X, Sec. 1048(g), Dec. 28, 2001,

115 Stat. 1228, provided that the amendment made by section

1048(g)(4) is effective as of Oct. 5, 1999, and as if included in

Pub. L. 106-65 as enacted.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 577(b), Oct. 5, 1999, 113

Stat. 625, provided that: ''The amendments made by subsection (a)

(amending this section) shall take effect on the first day of the

sixth month beginning after the date of the enactment of this Act

(Oct. 5, 1999) and shall apply with respect to charges referred on

or after that effective date to trial by special courts-martial.''

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 820 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-HEAD-

Sec. 820. Art. 20. Jurisdiction of summary courts-martial

-STATUTE-

Subject to section 817 of this title (article 17), summary

courts-martial have jurisdiction to try persons subject to this

chapter, except officers, cadets, aviation cadets, and midshipmen,

for any noncapital offense made punishable by this chapter. No

person with respect to whom summary courts-martial have

jurisdiction may be brought to trial before a summary court-martial

if he objects thereto. If objection to trial by summary

court-martial is made by an accused, trial may be ordered by

special or general court-martial as may be appropriate. Summary

courts-martial may, under such limitations as the President may

prescribe, adjudge any punishment not forbidden by this chapter

except death, dismissal, dishonorable or bad-conduct discharge,

confinement for more than one month, hard-labor without confinement

for more than 45 days, restriction to specified limits for more

than two months, or forfeiture of more than two-thirds of one

month's pay.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90-632, Sec. 2(6),

Oct. 24, 1968, 82 Stat. 1336.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

820 50:580. May 5, 1950, ch.

169, Sec. 1 (Art.

20), 64 Stat. 114.

-------------------------------

The word ''shall'' in the first sentence is omitted as

surplusage. The word ''may'' is substituted for the word ''shall''

in the second sentence. The words ''the provisions of'' are

omitted as surplusage. The word ''If'' is substituted for the word

''Where''. The words ''for more than'' are substituted for the

words ''in excess of''. The words ''more than'' are substituted

for the words ''pay in excess of''.

AMENDMENTS

1968 - Pub. L. 90-632 substituted provisions prohibiting trial by

summary court-martial in all cases if the person objects thereto

for provisions allowing such trial over the person's objection if

he has previously been offered and has refused article 15

punishment.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 821 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IV - COURT-MARTIAL JURISDICTION

-HEAD-

Sec. 821. Art. 21. Jurisdiction of courts-martial not exclusive

-STATUTE-

The provisions of this chapter conferring jurisdiction upon

courts-martial do not deprive military commissions, provost courts,

or other military tribunals of concurrent jurisdiction with respect

to offenders or offenses that by statute or by the law of war may

be tried by military commissions, provost courts, or other military

tribunals.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 44.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

821 50:581. May 5, 1950, ch.

169, Sec. 1 (Art.

21), 64 Stat. 115.

-------------------------------

The words ''do not deprive'' are substituted for the words

''shall not be construed as depriving''. The words ''with respect

to'' are substituted for the words ''in respect of''.

-CITE-

10 USC SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

.

-HEAD-

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

822. 22. Who may convene

general courts-

martial.

823. 23. Who may convene

special courts-

martial.

824. 24. Who may convene

summary courts-

martial.

825. 25. Who may serve on

courts-martial.

825a. 25a. Number of members in

capital cases.

826. 26. Military judge of a

general or special

court-martial.

827. 27. Detail of trial

counsel and defense

counsel.

828. 28. Detail or employment

of reporters and

interpreters.

829. 29. Absent and

additional members.

-------------------------------

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 582(b)(2), Dec.

28, 2001, 115 Stat. 1124, added item 825a.

1968 - Pub. L. 90-632, Sec. 2(8), Oct. 24, 1968, 82 Stat. 1336,

substituted ''Military judge of a general or special

court-martial'' for ''Law officer of a general court-martial'' in

item 826.

-CITE-

10 USC Sec. 822 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 822. Art. 22. Who may convene general courts-martial

-STATUTE-

(a) General courts-martial may be convened by -

(1) the President of the United States;

(2) the Secretary of Defense;

(3) the commanding officer of a unified or specified combatant

command;

(4) the Secretary concerned;

(5) the commanding officer of a Territorial Department, an Army

Group, an Army, an Army Corps, a division, a separate brigade, or

a corresponding unit of the Army or Marine Corps;

(6) the commander in chief of a fleet; the commanding officer

of a naval station or larger shore activity of the Navy beyond

the United States;

(7) the commanding officer of an air command, an air force, an

air division, or a separate wing of the Air Force or Marine

Corps;

(8) any other commanding officer designated by the Secretary

concerned; or

(9) any other commanding officer in any of the armed forces

when empowered by the President.

(b) If any such commanding officer is an accuser, the court shall

be convened by superior competent authority, and may in any case be

convened by such authority if considered desirable by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 99-433, title II,

Sec. 211(b), Oct. 1, 1986, 100 Stat. 1017.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

822(a) 822(b) 50:586(a). May 5, 1950, ch.

50:586(b). 169, Sec. 1 (Art.

22), 64 Stat. 115.

-------------------------------

Subsection (a)(2) is substituted for the words ''the Secretary of

a Department''.

In subsection (a)(4), the words ''continental limits of the'' are

omitted, since section 101(1) of this title defines the United

States to include the States and the District of Columbia.

In subsection (a)(6), the words ''any other commanding officer''

are substituted for the words ''such other commanding officers as

may be''.

In subsection (b), the word ''If'' is substituted for the word

''When''. The words ''if considered'' are substituted for the words

''when deemed''.

AMENDMENTS

1986 - Subsec. (a)(2) to (9). Pub. L. 99-433 added pars. (2) and

(3) and redesignated existing pars. (2) to (7) as (4) to (9),

respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 164 of this title.

-CITE-

10 USC Sec. 823 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 823. Art. 23. Who may convene special courts-martial

-STATUTE-

(a) Special courts-martial may be convened by -

(1) any person who may convene a general court-martial;

(2) the commanding officer of a district, garrison, fort, camp,

station, Air Force base, auxiliary air field, or other place

where members of the Army or the Air Force are on duty;

(3) the commanding officer of a brigade, regiment, detached

battalion, or corresponding unit of the Army;

(4) the commanding officer of a wing, group, or separate

squadron of the Air Force;

(5) the commanding officer of any naval or Coast Guard vessel,

shipyard, base, or station; the commanding officer of any Marine

brigade, regiment, detached battalion, or corresponding unit; the

commanding officer of any Marine barracks, wing, group, separate

squadron, station, base, auxiliary air field, or other place

where members of the Marine Corps are on duty;

(6) the commanding officer of any separate or detached command

or group of detached units of any of the armed forces placed

under a single commander for this purpose; or

(7) the commanding officer or officer in charge of any other

command when empowered by the Secretary concerned.

(b) If any such officer is an accuser, the court shall be

convened by superior competent authority, and may in any case be

convened by such authority if considered advisable by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 44.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

823(a) 823(b) 50:587(a). May 5, 1950, ch.

50:587(b). 169, Sec. 1 (Art.

23), 64 Stat. 115.

-------------------------------

In subsection (a)(7), the words ''Secretary concerned'' are

substituted for the words ''Secretary of a Department''.

In subsection (b), the word ''If'' is substituted for the word

''When''. The words ''if considered'' are substituted for the words

''when deemed''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 824 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 824. Art. 24. Who may convene summary courts-martial

-STATUTE-

(a) Summary courts-martial may be convened by -

(1) any person who may convene a general or special

court-martial;

(2) the commanding officer of a detached company, or other

detachment of the Army;

(3) the commanding officer of a detached squadron or other

detachment of the Air Force; or

(4) the commanding officer or officer in charge of any other

command when empowered by the Secretary concerned.

(b) When only one commissioned officer is present with a command

or detachment he shall be the summary court-martial of that command

or detachment and shall hear and determine all summary

court-martial cases brought before him. Summary courts-martial

may, however, be convened in any case by superior competent

authority when considered desirable by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 45.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

824(a) 824(b) 50:588(a). May 5, 1950, ch.

50:588(b). 169, Sec. 1 (Art.

24), 64 Stat. 116.

-------------------------------

In subsection (a)(4), the words ''Secretary concerned'' are

substituted for the words ''Secretary of a Department''.

In subsection (b), the words ''only one commissioned'' are

substituted for the words ''but one'' for clarity. The word

''considered'' is substituted for the word ''deemed''.

-CITE-

10 USC Sec. 825 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 825. Art. 25. Who may serve on courts-martial

-STATUTE-

(a) Any commissioned officer on active duty is eligible to serve

on all courts-martial for the trial of any person who may lawfully

be brought before such courts for trial.

(b) Any warrant officer on active duty is eligible to serve on

general and special courts-martial for the trial of any person,

other than a commissioned officer, who may lawfully be brought

before such courts for trial.

(c)(1) Any enlisted member of an armed force on active duty who

is not a member of the same unit as the accused is eligible to

serve on general and special courts-martial for the trial of any

enlisted member of an armed force who may lawfully be brought

before such courts for trial, but he shall serve as a member of a

court only if, before the conclusion of a session called by the

military judge under section 839(a) of this title (article 39(a))

prior to trial or, in the absence of such a session, before the

court is assembled for the trial of the accused, the accused

personally has requested orally on the record or in writing that

enlisted members serve on it. After such a request, the accused

may not be tried by a general or special court-martial the

membership of which does not include enlisted members in a number

comprising at least, one-third of the total membership of the

court, unless eligible enlisted members cannot be obtained on

account of physical conditions or military exigencies. If such

members cannot be obtained, the court may be assembled and the

trial held without them, but the convening authority shall make a

detailed written statement, to be appended to the record, stating

why they could not be obtained.

(2) In this article, ''unit'' means any regularly organized body

as defined by the Secretary concerned, but in no case may it be a

body larger than a company, squadron, ship's crew, or body

corresponding to one of them.

(d)(1) When it can be avoided, no member of an armed force may be

tried by a court-martial any member of which is junior to him in

rank or grade.

(2) When convening a court-martial, the convening authority shall

detail as members thereof such members of the armed forces as, in

his opinion, are best qualified for the duty by reason of age,

education, training, experience, length of service, and judicial

temperament. No member of an armed force is eligible to serve as a

member of a general or special court-martial when he is the accuser

or a witness for the prosecution or has acted as investigating

officer or as counsel in the same case.

(e) Before a court-martial is assembled for the trial of a case,

the convening authority may excuse a member of the court from

participating in the case. Under such regulations as the Secretary

concerned may prescribe, the convening authority may delegate his

authority under this subsection to his staff judge advocate or

legal officer or to any other principal assistant.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 90-632, Sec. 2(7),

Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98-209, Sec. 3(b), 13(c),

Dec. 6, 1983, 97 Stat. 1394, 1408; Pub. L. 99-661, div. A, title

VIII, Sec. 803(a), Nov. 14, 1986, 100 Stat. 3906.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

825(a) 825(b) 50:589(a). May 5, 1950, ch.

50:589(b). 169, Sec. 1 (Art.

25), 64 Stat. 116.

825(c) 50:589(c).

825(d) 50:589(d).

-------------------------------

In subsection (a), the word ''commissioned'' is inserted before

the word ''officer'' for clarity. The word ''is'' is substituted

for the words ''shall be''.

In subsections (a), (b), and (c)(1), the words ''with the armed

forces'' are omitted as surplusage.

In subsection (b), the word ''is'' is substituted for the words

''shall be''. The words ''a commissioned'' are substituted for the

word ''an'' for clarity.

In subsection (c), the words ''member'' and ''members'',

respectively are substituted for the words ''person'' and

''persons''. The words ''of an armed force'' are inserted for

clarity.

In subsection (c)(1), the word ''is'' is substituted for the

words ''shall be''. The word ''before'' is substituted for the

words ''prior to''. The words ''the accused may not'' are

substituted for the words ''no enlisted person shall'', for

clarity. The word ''If'' is substituted for the word ''Where''.

In subsection (c)(2), the word ''means'' is substituted for the

words ''shall mean''. The words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''. The word

''may'' is substituted for the word ''shall''. The word ''than'',

before the words ''a body'', is omitted as surplusage.

In subsection (d)(1), the word ''may'' is substituted for the

word ''shall''. The word ''member'' is substituted for the word

''person''.

In subsection (d)(2), the word ''is'' is substituted for the

words ''shall be''. The word ''detail'' is substituted for the

word ''appoint'', since the filling of the position involved is not

appointment to an office in the constitutional sense. The words

''member of an armed force'' and ''members of the armed forces'',

respectively, are substituted for the words ''person'' and

''persons''.

AMENDMENTS

1986 - Subsec. (c)(1). Pub. L. 99-661 substituted ''has requested

orally on the record or in writing'' for ''has requested in

writing''.

1983 - Subsec. (c)(2). Pub. L. 98-209, Sec. 13(c), struck out

''the word'' before '' 'unit' ''.

Subsec. (e). Pub. L. 98-209, Sec. 3(b), added subsec. (e).

1968 - Subsec. (c)(1). Pub. L. 90-632 inserted requirement that

an accused's request for inclusion of enlisted members on his

court-martial be made before conclusion of a pre-trial session

called by the military judge under section 839(a) or before the

court is assembled for his trial and substituted ''assembled'' for

''convened'' to describe the calling together of the court for the

trial in provision allowing such calling together without requested

enlisted members if such members cannot be obtained.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 803(b) of title VIII of Pub. L. 99-661 provided that:

''The amendment made by subsection (a) (amending this section)

shall apply only to a case in which arraignment is completed on or

after the effective date of this title.''

Title VIII of Pub. L. 99-661 effective the earlier of (1) the

last day of the 120-day period beginning on Nov. 14, 1986; or (2)

the date specified in an Executive order for such amendment to take

effect, see section 808 of Pub. L. 99-661, set out as a note under

section 802 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 13(c) of Pub. L. 98-209 effective Dec. 6,

1983, and amendment by section 3(b) of Pub. L. 98-209 effective

first day of eighth calendar month beginning after Dec. 6, 1983,

see section 12(a)(1) of Pub. L. 98-209, set out as a note under

section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 825a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 825a. Art. 25a. Number of members in capital cases

-STATUTE-

In a case in which the accused may be sentenced to a penalty of

death, the number of members shall be not less than 12, unless 12

members are not reasonably available because of physical conditions

or military exigencies, in which case the convening authority shall

specify a lesser number of members not less than five, and the

court may be assembled and the trial held with not less than the

number of members so specified. In such a case, the convening

authority shall make a detailed written statement, to be appended

to the record, stating why a greater number of members were not

reasonably available.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 582(b)(1), Dec. 28,

2001, 115 Stat. 1124.)

-MISC1-

EFFECTIVE DATE

Section applicable with respect to offenses committed after Dec.

31, 2002, see section 582(d) of Pub. L. 107-107, set out as an

Effective Date of 2001 Amendment note under section 816 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 816, 829 of this title.

-CITE-

10 USC Sec. 826 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 826. Art. 26. Military judge of a general or special

court-martial

-STATUTE-

(a) A military judge shall be detailed to each general

court-martial. Subject to regulations of the Secretary concerned,

a military judge may be detailed to any special court-martial. The

Secretary concerned shall prescribe regulations providing for the

manner in which military judges are detailed for such

courts-martial and for the persons who are authorized to detail

military judges for such courts-martial. The military judge shall

preside over each open session of the court-martial to which he has

been detailed.

(b) A military judge shall be a commissioned officer of the armed

forces who is a member of the bar of a Federal court or a member of

the bar of the highest court of a State and who is certified to be

qualified for duty as a military judge by the Judge Advocate

General of the armed force of which such military judge is a

member.

(c) The military judge of a general court-martial shall be

designated by the Judge Advocate General, or his designee, of the

armed force of which the military judge is a member for detail in

accordance with regulations prescribed under subsection (a). Unless

the court-martial was convened by the President or the Secretary

concerned, neither the convening authority nor any member of his

staff shall prepare or review any report concerning the

effectiveness, fitness, or efficiency of the military judge so

detailed, which relates to his performance of duty as a military

judge. A commissioned officer who is certified to be qualified for

duty as a military judge of a general court-martial may perform

such duties only when he is assigned and directly responsible to

the Judge Advocate General, or his designee, of the armed force of

which the military judge is a member and may perform duties of a

judicial or nonjudicial nature other than those relating to his

primary duty as a military judge of a general court-martial when

such duties are assigned to him by or with the approval of that

Judge Advocate General or his designee.

(d) No person is eligible to act as military judge in a case if

he is the accuser or a witness for the prosecution or has acted as

investigating officer or a counsel in the same case.

(e) The military judge of a court-martial may not consult with

the members of the court except in the presence of the accused,

trial counsel, and defense counsel, nor may he vote with the

members of the court.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90-632, Sec. 2(9),

Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98-209, Sec. 3(c)(1), Dec. 6,

1983, 97 Stat. 1394.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

826(a) 826(b) 50:590(a). May 5, 1950, ch.

50:590(b). 169, Sec. 1 (Art.

26), 64 Stat. 117.

-------------------------------

In subsection (a), the words ''a commissioned'' are substituted

for the word ''an'' for clarity. The words ''of the United

States'' are omitted as surplusage. The word ''is'' is substituted

for the words ''shall be''. The word ''if'' is substituted for the

word ''when''. The word ''detail'' is substituted for the word

''appoint'', since the filling of the position involved is not

appointment to an office in the constitutional sense.

In subsection (b), the word ''may'' is substituted for the word

''shall''.

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-209, Sec. 3(c)(1)(A), amended

subsec. (a) generally, inserting provision requiring the Secretary

concerned to prescribe regulations providing for the manner in

which military judges are detailed for courts-martial and for the

persons who are authorized to detail military judges for such

courts-martial.

Subsec. (c). Pub. L. 98-209, Sec. 3(c)(1)(B), substituted ''in

accordance with regulations prescribed under subsection (a).

Unless'' for ''by the convening authority, and, unless''.

1968 - Pub. L. 90-632 substituted ''military judge'' for ''law

officer'' and inserted reference to special court-martial.

Subsec. (a). Pub. L. 90-632 substituted reference to military

judge for references to law officer and such law officer's

requisite qualifications, inserted reference to special

court-martial and regulations of the Secretary concerned governing

the convening of a special court-martial, inserted provisions

directing the military judge to preside over the open sessions of

the court-martial to which he was assigned, and struck out

provisions making law officers ineligible in a case in which he was

the accuser or a witness for the prosecution or acted as

investigating officer or as counsel.

Subsecs. (b) to (d). Pub. L. 90-632 added subsecs. (b) to (d).

Former subsec. (b) redesignated as subsec. (e) and amended.

Subsec. (e). Pub. L. 90-632 redesignated former subsec. (b) as

(e) and substituted ''military judge'' for ''law officer'' and

struck out provision allowing consultation with members of the

court on the form of the findings as provided in section 839 of

this title (article 39).

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to affect the

designation or detail of a military judge or military counsel to a

court-martial before that date, see section 12(a)(1), (2) of Pub.

L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

STATUTORY REFERENCES TO LAW OFFICER DEEMED REFERENCES TO MILITARY

JUDGE

Section 3(a) of Pub. L. 90-632 provided that: ''Whenever the term

law officer is used, with reference to any officer detailed to a

court-martial pursuant to section 826(a) (article 26(a)) of title

10, United States Code (subsec. (a) of this section), in any

provision of Federal law (other than provisions amended by this Act

(see Short Title of 1968 Amendment note set out under section 801

of this title) or in any regulation, document, or record of the

United States, such term shall be deemed to mean military judge.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 801 of this title.

-CITE-

10 USC Sec. 827 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 827. Art. 27. Detail of trial counsel and defense counsel

-STATUTE-

(a)(1) Trial counsel and defense counsel shall be detailed for

each general and special court-martial. Assistant trial counsel

and assistant and associate defense counsel may be detailed for

each general and special court-martial. The Secretary concerned

shall prescribe regulations providing for the manner in which

counsel are detailed for such courts-martial and for the persons

who are authorized to detail counsel for such courts-martial.

(2) No person who has acted as investigating officer, military

judge, or court member in any case may act later as trial counsel,

assistant trial counsel, or, unless expressly requested by the

accused, as defense counsel or assistant or associate defense

counsel in the same case. No person who has acted for the

prosecution may act later in the same case for the defense, nor may

any person who has acted for the defense act later in the same case

for the prosecution.

(b) Trial counsel or defense counsel detailed for a general

court-martial -

(1) must be a judge advocate who is a graduate of an accredited

law school or is a member of the bar of a Federal court or of the

highest court of a State; or must be a member of the bar of a

Federal court or of the highest court of a State; and

(2) must be certified as competent to perform such duties by

the Judge Advocate General of the armed force of which he is a

member.

(c) In the case of a special court-martial -

(1) the accused shall be afforded the opportunity to be

represented at the trial by counsel having the qualifications

prescribed under section 827(b) of this title (article 27(b))

unless counsel having such qualifications cannot be obtained on

account of physical conditions or military exigencies. If

counsel having such qualifications cannot be obtained, the court

may be convened and the trial held but the convening authority

shall make a detailed written statement, to be appended to the

record, stating why counsel with such qualifications could not be

obtained;

(2) if the trial counsel is qualified to act as counsel before

a general court-martial, the defense counsel detailed by the

convening authority must be a person similarly qualified; and

(3) if the trial counsel is a judge advocate or a member of the

bar of a Federal court or the highest court of a State, the

defense counsel detailed by the convening authority must be one

of the foregoing.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90-179, Sec. 1(5),

Dec. 8, 1967, 81 Stat. 546; Pub. L. 90-632, Sec. 2(10), Oct. 24,

1968, 82 Stat. 1337; Pub. L. 98-209, Sec. 2(d), 3(c)(2), Dec. 6,

1983, 97 Stat. 1393, 1394.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

827(a) 827(b) 50:591(a). May 5, 1950, ch.

50:591(b). 169, Sec. 1 (Art.

27), 64 Stat. 117.

827(c) 50:591(c).

-------------------------------

The words, ''detail'' and ''detailed'' are substituted for the

words ''appoint'' and ''appointed'' throughout the revised section,

since the filling of the position involved is not appointment to an

office in the constitutional sense.

In subsection (a), the word ''and'' is substituted for the words

''together with''. The word ''considers'' is substituted for the

word ''deems''. The words ''necessary or'' are omitted as

surplusage, since what is necessary is also appropriate. The word

''may'' is substituted for the word ''shall''. The word ''later''

is substituted for the word ''subsequently''.

In subsections (b) and (c), the word ''must'' is substituted for

the word ''shall'', since the clauses prescribe conditions and not

commands.

In subsection (b), the word ''for'' is substituted for the words

''in the case of''. The words ''person * * * a person who is'' are

omitted as surplusage.

AMENDMENTS

1983 - Subsec. (a)(1). Pub. L. 98-209, Sec. 3(c)(2)(A),

designated first sentence of existing provisions as par. (1),

substituted provisions requiring that trial counsel and defense

counsel be detailed for each general and special court-martial, and

permitting the detailing of assistant trial counsel and assistant

and associate defense counsel for each general and special

court-martial for provisions requiring that for each general and

special court-martial the authority convening the court had to

detail trial counsel and defense counsel and such assistants as he

considered appropriate, and inserted provision requiring the

Secretary concerned to prescribe regulations providing for the

manner in which counsel are detailed for such courts-martial and

for the persons who are authorized to detail counsel for such

courts-martial.

Subsec. (a)(2). Pub. L. 98-209, Sec. 3(c)(2)(B), designated

existing provision, less first sentence, as par. (2) and

substituted ''assistant or associate defense counsel'' for

''assistant defense counsel''.

Subsec. (b)(1). Pub. L. 98-209, Sec. 2(d)(1), substituted ''judge

advocate'' for ''judge advocate of the Army, Navy, Air Force, or

Marine Corps or a law specialist of the Coast Guard,''.

Subsec. (c)(3). Pub. L. 98-209, Sec. 2(d)(2), struck out '', or a

law specialist,'' after ''is a judge advocate''.

1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(10)(A), substituted

''military judge'' for ''law officer''.

Subsec. (c). Pub. L. 90-632, Sec. 2(10)(B), redesignated former

pars. (1) and (2) as pars. (2) and (3), respectively, and added

par. (1).

1967 - Subsec. (b)(1). Pub. L. 90-179 inserted reference to judge

advocate of the Marine Corps and substituted reference to judge

advocate of the Navy for reference to law specialist of the Navy.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but amendment by

section 3(c)(2) of Pub. L. 98-209 not to affect the designation or

detail of a military judge or military counsel to a court-martial

before that date, see section 12(a)(1), (2) of Pub. L. 98-209, set

out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 819, 838, 870, 937, 1503,

5587a of this title; title 14 section 357.

-CITE-

10 USC Sec. 828 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 828. Art. 28. Detail or employment of reporters and

interpreters

-STATUTE-

Under such regulations as the Secretary concerned may prescribe,

the convening authority of a court-martial, military commission, or

court of inquiry shall detail or employ qualified court reporters,

who shall record the proceedings of and testimony taken before that

court or commission. Under like regulations the convening

authority of a court-martial, military commission, or court of

inquiry may detail or employ interpreters who shall interpret for

the court or commission.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 47.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

828 50:592. May 5, 1950, ch.

169, Sec. 1 (Art.

28), 64 Stat. 117.

-------------------------------

The words ''Secretary concerned'' are substituted for the words

''Secretary of the Department''. The words, ''detail or employ''

are substituted for the word ''appoint'', since the filling of the

position involved is not appointment to an office in the

constitutional sense.

-CITE-

10 USC Sec. 829 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL

-HEAD-

Sec. 829. Art. 29. Absent and additional members

-STATUTE-

(a) No member of a general or special court-martial may be absent

or excused after the court has been assembled for the trial of the

accused unless excused as a result of a challenge, excused by the

military judge for physical disability or other good cause, or

excused by order of the convening authority for good cause.

(b)(1) Whenever a general court-martial, other than a general

court-martial composed of a military judge only, is reduced below

the applicable minimum number of members, the trial may not proceed

unless the convening authority details new members sufficient in

number to provide not less than the applicable minimum number of

members. The trial may proceed with the new members present after

the recorded evidence previously introduced before the members of

the court has been read to the court in the presence of the

military judge, the accused, and counsel for both sides.

(2) In this section, the term ''applicable minimum number of

members'' means five members or, in a case in which the death

penalty may be adjudged, the number of members determined under

section 825a of this title (article 25a).

(c) Whenever a special court-martial, other than a special

court-martial composed of a military judge only, is reduced below

three members, the trial may not proceed unless the convening

authority details new members sufficient in number to provide not

less than three members. The trial shall proceed with the new

members present as if no evidence had previously been introduced at

the trial, unless a verbatim record of the evidence previously

introduced before the members of the court or a stipulation thereof

is read to the court in the presence of the military judge, if any,

the accused and counsel for both sides.

(d) If the military judge of a court-martial composed of a

military judge only is unable to proceed with the trial because of

physical disability, as a result of a challenge, or for other good

cause, the trial shall proceed, subject to any applicable

conditions of section 816(1)(B) or (2)(C) of this title (article

16(1)(B) or (2)(C)), after the detail of a new military judge as if

no evidence had previously been introduced, unless a verbatim

record of the evidence previously introduced or a stipulation

thereof is read in court in the presence of the new military judge,

the accused, and counsel for both sides.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 90-632, Sec. 2(11),

Oct. 24, 1968, 82 Stat. 1337; Pub. L. 98-209, Sec. 3(d), Dec. 6,

1983, 97 Stat. 1394; Pub. L. 107-107, div. A, title V, Sec.

582(c), Dec. 28, 2001, 115 Stat. 1124.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

829(a) 829(b) 50:593(a). May 5, 1950, ch.

50:593(b). 169, Sec. 1 (Art.

29), 64 Stat. 117.

829(c) 50:593(c).

-------------------------------

In subsections (a), (b), and (c), the word ''may'' is substituted

for the word ''shall''.

In subsections (b) and (c), the word ''details'' is substituted

for the word ''appoints'', since the filling of the position

involved is not appointment to an office in the constitutional

sense.

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 designated existing

provisions as par. (1), substituted ''the applicable minimum number

of members'' for ''five members'' in two places, and added par.

(2).

1983 - Subsec. (a). Pub. L. 98-209 substituted ''unless excused

as a result of a challenge, excused by the military judge for

physical disability or other good cause, or excused by order of the

convening authority for good cause'' for ''except for physical

disability or as a result of a challenge or by order of the

convening authority for good cause''.

1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(11)(A), substituted

''court has been assembled for the trial of the accused'' for

''accused has been arraigned''.

Subsec. (b). Pub. L. 90-632, Sec. 2(11)(B), inserted reference to

court-martial composed of a military judge alone, struck out

reference to oath of members, and inserted provisions requiring

that only the evidence which has been introduced before members of

the court be read to the court and that all evidence, not merely

testimony, be included.

Subsec. (c). Pub. L. 90-632, Sec. 2(11)(C), inserted reference to

court-martial composed of a military judge alone, struck out

reference to oath of members, and substituted evidence previously

introduced for testimony of previously examined witnesses as the

body of evidence which the verbatim record must cover.

Subsec. (d) Pub. L. 90-632, Sec. 2(11)(D), added subsec. (d).

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 applicable with respect to offenses

committed after Dec. 31, 2002, see section 582(d) of Pub. L.

107-107, set out as a note under section 816 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, see section 12(a)(1)

of Pub. L. 98-209, set out as a note under section 801 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 839, 841 of this title.

-CITE-

10 USC SUBCHAPTER VI - PRE-TRIAL PROCEDURE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

.

-HEAD-

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

830. 30. Charges and

specifications.

831. 31. Compulsory self-

incrimination

prohibited.

832. 32. Investigation.

833. 33. Forwarding of

charges.

834. 34. Advice of staff

judge advocate and

reference for

trial.

835. 35. Service of charges.

-------------------------------

-CITE-

10 USC Sec. 830 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-HEAD-

Sec. 830. Art. 30. Charges and specifications

-STATUTE-

(a) Charges and specifications shall be signed by a person

subject to this chapter under oath before a commissioned officer of

the armed forces authorized to administer oaths and shall state -

(1) that the signer has personal knowledge of or has

investigated, the matters set forth therein; and

(2) that they are true in fact to the best of his knowledge and

belief.

(b) Upon the preferring of charges, the proper authority shall

take immediate steps to determine what disposition should be made

thereof in the interest of justice and discipline, and the person

accused shall be informed of the charges against him as soon as

practicable.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 47.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

830(a) 830(b) 50:601(a). May 5, 1950, ch.

50:601(b). 169, Sec. 1 (Art.

30), 64 Stat. 118.

-------------------------------

In subsection (a), the word ''they'' is substituted for the words

''the same''. The word ''commissioned'' is inserted for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 849 of this title.

-CITE-

10 USC Sec. 831 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-HEAD-

Sec. 831. Art. 31. Compulsory self-incrimination prohibited

-STATUTE-

(a) No person subject to this chapter may compel any person to

incriminate himself or to answer any question the answer to which

may tend to incriminate him.

(b) No person subject to this chapter may interrogate, or request

any statement from, an accused or a person suspected of an offense

without first informing him of the nature of the accusation and

advising him that he does not have to make any statement regarding

the offense of which he is accused or suspected and that any

statement made by him may be used as evidence against him in a

trial by court-martial.

(c) No person subject to this chapter may compel any person to

make a statement or produce evidence before any military tribunal

if the statement or evidence is not material to the issue and may

tend to degrade him.

(d) No statement obtained from any person in violation of this

article, or through the use of coercion, unlawful influence, or

unlawful inducement may be received in evidence against him in a

trial by court-martial.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 48.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

831(a) 831(b) 50:602(a). May 5, 1950, ch.

50:602(b). 169, Sec. 1 (Art

31), 64 Stat. 118.

831(c) 50:602(c).

831(d) 50:602(d).

-------------------------------

The word ''may'' is substituted for the word ''shall'' throughout

the revised section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 832 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-HEAD-

Sec. 832. Art. 32. Investigation

-STATUTE-

(a) No charge or specification may be referred to a general

court-martial for trial until a thorough and impartial

investigation of all the matters set forth therein has been made.

This investigation shall include inquiry as to the truth of the

matter set forth in the charges, consideration of the form of

charges, and a recommendation as to the disposition which should be

made of the case in the interest of justice and discipline.

(b) The accused shall be advised of the charges against him and

of his right to be represented at that investigation by counsel.

The accused has the right to be represented at that investigation

as provided in section 838 of this title (article 38) and in

regulations prescribed under that section. At that investigation

full opportunity shall be given to the accused to cross-examine

witnesses against him if they are available and to present anything

he may desire in his own behalf, either in defense or mitigation,

and the investigating officer shall examine available witnesses

requested by the accused. If the charges are forwarded after the

investigation, they shall be accompanied by a statement of the

substance of the testimony taken on both sides and a copy thereof

shall be given to the accused.

(c) If an investigation of the subject matter of an offense has

been conducted before the accused is charged with the offense, and

if the accused was present at the investigation and afforded the

opportunities for representation, cross-examination, and

presentation prescribed in subsection (b), no further investigation

of that charge is necessary under this article unless it is

demanded by the accused after he is informed of the charge. A

demand for further investigation entitles the accused to recall

witnesses for further cross-examination and to offer any new

evidence in his own behalf.

(d) If evidence adduced in an investigation under this article

indicates that the accused committed an uncharged offense, the

investigating officer may investigate the subject matter of that

offense without the accused having first been charged with the

offense if the accused -

(1) is present at the investigation;

(2) is informed of the nature of each uncharged offense

investigated; and

(3) is afforded the opportunities for representation,

cross-examination, and presentation prescribed in subsection (b).

(e) The requirements of this article are binding on all persons

administering this chapter but failure to follow them does not

constitute jurisdictional error.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 48; Pub. L. 97-81, Sec. 4(a),

Nov. 20, 1981, 95 Stat. 1088; Pub. L. 104-106, div. A, title XI,

Sec. 1131, Feb. 10, 1996, 110 Stat. 464.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

832(a) 832(b) 50:603(a). May 5, 1950, ch.

50:603(b). 169, Sec. 1 (Art.

32), 64 Stat. 118.

832(c) 50:603(c).

832(d) 50:603(d).

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall''. The words ''consideration of the'' and ''a

recommendation as to'' are inserted in the interest of accuracy and

precision of statement.

In subsection (b), the word ''detailed'' is substituted for the

word ''appointed'', since the filling of the position involved is

not appointment to an office in the constitutional sense.

In subsection (c), the word ''before'' is substituted for the

words ''prior to the time''. The words ''of this section'' are

omitted as surplusage.

In subsection (d), the word ''are'' is substituted for the words

''shall be.'' The word ''does'' is substituted for the words ''in

any case shall''.

AMENDMENTS

1996 - Subsecs. (d), (e). Pub. L. 104-106 added subsec. (d) and

redesignated former subsec. (d) as (e).

1981 - Subsec. (b). Pub. L. 97-81 substituted ''The accused has

the right to be represented at that investigation as provided in

section 838 of this title (article 38) and in regulations

prescribed under that section'' for ''Upon his own request he shall

be represented by civilian counsel if provided by him, or military

counsel of his own selection if such counsel is reasonably

available, or by counsel detailed by the officer exercising general

court-martial jurisdiction over the command''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-81 to take effect at end of 60-day period

beginning on Nov. 20, 1981, and to apply with respect to

investigations under this section that begin on or after that date,

see section 7(a) and (b)(3) of Pub. L. 97-81, set out as an

Effective Date note under section 706 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 834, 838 of this

title.

-CITE-

10 USC Sec. 833 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-HEAD-

Sec. 833. Art. 33. Forwarding of charges

-STATUTE-

When a person is held for trial by general court-martial the

commanding officer shall, within eight days after the accused is

ordered into arrest or confinement, if practicable, forward the

charges, together with the investigation and allied papers, to the

officer exercising general court-martial jurisdiction. If that is

not practicable, he shall report in writing to that officer the

reasons for delay.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 49.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

833 50:604. May 5, 1950, ch.

169, Sec. 1 (Art.

33), 64 Stat. 119.

-------------------------------

-CITE-

10 USC Sec. 834 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-HEAD-

Sec. 834. Art. 34. Advice of staff judge advocate and reference for

trial

-STATUTE-

(a) Before directing the trial of any charge by general

court-martial, the convening authority shall refer it to his staff

judge advocate for consideration and advice. The convening

authority may not refer a specification under a charge to a general

court-martial for trial unless he has been advised in writing by

the staff judge advocate that -

(1) the specification alleges an offense under this chapter;

(2) the specification is warranted by the evidence indicated in

the report of investigation under section 832 of this title

(article 32) (if there is such a report); and

(3) a court-martial would have jurisdiction over the accused

and the offense.

(b) The advice of the staff judge advocate under subsection (a)

with respect to a specification under a charge shall include a

written and signed statement by the staff judge advocate -

(1) expressing his conclusions with respect to each matter set

forth in subsection (a); and

(2) recommending action that the convening authority take

regarding the specification.

If the specification is referred for trial, the recommendation of

the staff judge advocate shall accompany the specification.

(c) If the charges or specifications are not formally correct or

do not conform to the substance of the evidence contained in the

report of the investigating officer, formal corrections, and such

changes in the charges and specifications as are needed to make

them conform to the evidence, may be made.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 98-209, Sec. 4,

Dec. 6, 1983, 97 Stat. 1395.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

834(a) 834(b) 50:605(a). May 5, 1950, ch.

50:605(b). 169, Sec. 1 (Art.

34), 64 Stat. 119.

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall''.

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-209, Sec. 4(a), substituted

''judge advocate'' for ''judge advocate or legal officer'', and

provisions that the convening authority may not refer a

specification under a charge to a general court-martial for trial

unless he has been advised in writing by the staff judge advocate

that the specification alleges an offense under this chapter, the

specification is warranted by the evidence indicated in the report

of investigation under section 832 of this title (article 32) (if

there is such a report), and a court-martial would have

jurisdiction over the accused and the offense, for provision that

the convening authority could not refer a charge to a general

court-martial for trial unless he found that the charge alleged an

offense under this chapter and was warranted by evidence indicated

in the report of investigation.

Subsecs. (b), (c). Pub. L. 98-209, Sec. 4(b), added subsec. (b)

and redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which charges were referred to trial before that date,

and proceedings in any such case to be held in the same manner and

with the same effect as if such amendments had not been enacted,

see section 12(a)(1), (3) of Pub. L. 98-209, set out as a note

under section 801 of this title.

-CITE-

10 USC Sec. 835 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VI - PRE-TRIAL PROCEDURE

-HEAD-

Sec. 835. Art. 35. Service of charges

-STATUTE-

The trial counsel to whom court-martial charges are referred for

trial shall cause to be served upon the accused a copy of the

charges upon which trial is to be had. In time of peace no person

may, against his objection, be brought to trial, or be required to

participate by himself or counsel in a session called by the

military judge under section 839(a) of this title (article 39(a)),

in a general court-martial case within a period of five days after

the service of charges upon him, or in a special court-martial case

within a period of three days after the service of charges upon

him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 90-632, Sec. 2(12),

Oct. 24, 1968, 82 Stat. 1337.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

835 50:606. May 5, 1950, ch.

169, Sec. 1 (Art.

35), 64 Stat. 119.

-------------------------------

The word ''may'' is substituted for the word ''shall''. The word

''after'' is substituted for the words ''subsequent to''.

AMENDMENTS

1968 - Pub. L. 90-632 inserted reference to a session called by

the military judge under section 839(a) of this title (article

39(a)).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 839 of this title.

-CITE-

10 USC SUBCHAPTER VII - TRIAL PROCEDURE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

.

-HEAD-

SUBCHAPTER VII - TRIAL PROCEDURE

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

836. 36. President may

prescribe rules.

837. 37. Unlawfully

influencing action

of court.

838. 38. Duties of trial

counsel and defense

counsel.

839. 39. Sessions.

840. 40. Continuances.

841. 41. Challenges.

842. 42. Oaths.

843. 43. Statute of

limitations.

844. 44. Former jeopardy.

845. 45. Pleas of the

accused.

846. 46. Opportunity to

obtain witnesses

and other evidence.

847. 47. Refusal to appear or

testify.

848. 48. Contempts.

849. 49. Depositions.

850. 50. Admissibility of

records of courts

of inquiry.

850a. 50a. Defense of lack of

mental

responsibility.

851. 51. Voting and rulings.

852. 52. Number of votes

required.

853. 53. Court to announce

action.

854. 54. Record of trial.

-------------------------------

AMENDMENTS

1986 - Pub. L. 99-661, div. A, title VIII, Sec. 802(a)(2), Nov.

14, 1986, 100 Stat. 3906, added item 850a.

-CITE-

10 USC Sec. 836 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 836. Art. 36. President may prescribe rules

-STATUTE-

(a) Pretrial, trial, and post-trial procedures, including modes

of proof, for cases arising under this chapter triable in

courts-martial, military commissions and other military tribunals,

and procedures for courts of inquiry, may be prescribed by the

President by regulations which shall, so far as he considers

practicable, apply the principles of law and the rules of evidence

generally recognized in the trial of criminal cases in the United

States district courts, but which may not be contrary to or

inconsistent with this chapter.

(b) All rules and regulations made under this article shall be

uniform insofar as practicable.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96-107, title VIII,

Sec. 801(b), Nov. 9, 1979, 93 Stat. 811; Pub. L. 101-510, div. A,

title XIII, Sec. 1301(4), Nov. 5, 1990, 104 Stat. 1668.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

836(a) 836(b) 50:611(a). May 5, 1950, ch.

50:611(b). 169, Sec. 1 (Art.

36), 64 Stat. 120.

-------------------------------

In subsection (a), the word ''considers'' is substituted for the

word ''deems''. The word ''may'' is substituted for the word

''shall''.

In subsection (b), the word ''under'' is substituted for the

words ''in pursuance of''.

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-510 struck out ''and shall be

reported to Congress'' after ''as practicable''.

1979 - Subsec. (a). Pub. L. 96-107 substituted provisions

authorizing pretrial, trial, and post-trial procedures for cases

under this chapter triable in courts-martial, military commissions

and other military tribunals, for provisions authorizing procedure

in cases before courts-martial, military commissions, and other

military tribunals.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 839, 906a of this title.

-CITE-

10 USC Sec. 837 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 837. Art. 37. Unlawfully influencing action of court

-STATUTE-

(a) No authority convening a general, special, or summary

court-martial, nor any other commanding officer, may censure,

reprimand, or admonish the court or any member, military judge, or

counsel thereof, with respect to the findings or sentence adjudged

by the court, or with respect to any other exercise of its or his

functions in the conduct of the proceeding. No person subject to

this chapter may attempt to coerce or, by any unauthorized means,

influence the action of a court-martial or any other military

tribunal or any member thereof, in reaching the findings or

sentence in any case, or the action of any convening, approving, or

reviewing authority with respect to his judicial acts. The

foregoing provisions of the subsection shall not apply with respect

to (1) general instructional or informational courses in military

justice if such courses are designed solely for the purpose of

instructing members of a command in the substantive and procedural

aspects of courts-martial, or (2) to statements and instructions

given in open court by the military judge, president of a special

court-martial, or counsel.

(b) In the preparation of an effectiveness, fitness, or

efficiency report, or any other report or document used in whole or

in part for the purpose of determining whether a member of the

armed forces is qualified to be advanced, in grade, or in

determining the assignment or transfer of a member of the armed

forces or in determining whether a member of the armed forces

should be retained on active duty, no person subject to this

chapter may, in preparing any such report (1) consider or evaluate

the performance of duty of any such member as a member of a

court-martial, or (2) give a less favorable rating or evaluation of

any member of the armed forces because of the zeal with which such

member, as counsel, represented any accused before a court-martial.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90-632, Sec. 2(13),

Oct. 24, 1968, 82 Stat. 1338.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

837 50:612. May 5, 1950, ch.

169, Sec. 1 (Art.

37), 64 Stat. 120.

-------------------------------

The word ''may'' is substituted for the word ''shall''.

AMENDMENTS

1968 - Pub. L. 90-632 designated existing provisions as subsec.

(a), substituted ''military judge'' for ''law officer'', inserted

provisions specifically exempting instructional or general

informational lectures on military justice and statements and

instructions given in open court by the military judge, president

of a special court-martial, or counsel from prohibitions of subsec.

(a), and added subsec. (b).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 838 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 838. Art. 38. Duties of trial counsel and defense counsel

-STATUTE-

(a) The trial counsel of a general or special court-martial shall

prosecute in the name of the United States, and shall, under the

direction of the court, prepare the record of the proceedings.

(b)(1) The accused has the right to be represented in his defense

before a general or special court-martial or at an investigation

under section 832 of this title (article 32) as provided in this

subsection.

(2) The accused may be represented by civilian counsel if

provided by him.

(3) The accused may be represented -

(A) by military counsel detailed under section 827 of this

title (article 27); or

(B) by military counsel of his own selection if that counsel is

reasonably available (as determined under regulations prescribed

under paragraph (7)).

(4) If the accused is represented by civilian counsel, military

counsel detailed or selected under paragraph (3) shall act as

associate counsel unless excused at the request of the accused.

(5) Except as provided under paragraph (6), if the accused is

represented by military counsel of his own selection under

paragraph (3)(B), any military counsel detailed under paragraph

(3)(A) shall be excused.

(6) The accused is not entitled to be represented by more than

one military counsel. However, the person authorized under

regulations prescribed under section 827 of this title (article 27)

to detail counsel, in his sole discretion -

(A) may detail additional military counsel as assistant defense

counsel; and

(B) if the accused is represented by military counsel of his

own selection under paragraph (3)(B), may approve a request from

the accused that military counsel detailed under paragraph (3)(A)

act as associate defense counsel.

(7) The Secretary concerned shall, by regulation, define

''reasonably available'' for the purpose of paragraph (3)(B) and

establish procedures for determining whether the military counsel

selected by an accused under that paragraph is reasonably

available. Such regulations may not prescribe any limitation based

on the reasonable availability of counsel solely on the grounds

that the counsel selected by the accused is from an armed force

other than the armed force of which the accused is a member. To

the maximum extent practicable, such regulations shall establish

uniform policies among the armed forces while recognizing the

differences in the circumstances and needs of the various armed

forces. The Secretary concerned shall submit copies of regulations

prescribed under this paragraph to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House of

Representatives.

(c) In any court-martial proceeding resulting in a conviction,

the defense counsel -

(1) may forward the attachment to the record of proceedings a

brief of such matters as he determines should be considered in

behalf of the accused on review (including any objection to the

contents of the record which he considers appropriate);

(2) may assist the accused in the submission of any matter

under section 860 of this title (article 60); and

(3) may take other action authorized by this chapter.

(d) An assistant trial counsel of a general court-martial may,

under the direction of the trial counsel or when he is qualified to

be a trial counsel as required by section 827 of this title

(article 27), perform any duty imposed by law, regulation, or the

custom of the service upon the trial counsel of the court. An

assistant trial counsel of a special court-martial may perform any

duty of the trial counsel.

(e) An assistant defense counsel of a general or special

court-martial may, under the direction of the defense counsel or

when he is qualified to be the defense counsel as required by

section 827 of this title (article 27), perform any duty imposed by

law, regulation, or the custom of the service upon counsel for the

accused.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90-632, Sec. 2(14),

Oct. 24, 1968, 82 Stat. 1338; Pub. L. 97-81, Sec. 4(b), Nov. 20,

1981, 95 Stat. 1088; Pub. L. 98-209, Sec. 3(e), Dec. 6, 1983, 97

Stat. 1394; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(1),

Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, title X,

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

838(a) 838(b) 838(c) 50:613(a). May 5, 1950, ch.

50:613(b). 169, Sec. 1 (Art.

50:613(c). 38), 64 Stat. 120.

838(d) 50:613(d).

838(e) 50:613(e).

-------------------------------

In subsection (b), the word ''has'' is substituted for the words

''shall have''. The word ''under'' is substituted for the words

''pursuant to''. The word ''duly'' is omitted as surplusage. The

words ''detailed'' and ''who were detailed'' are substituted for

the word ''appointed'', since the filling of the position involved

is not appointment to an office in the constitutional sense.

In subsection (c), the word ''considers'' is substituted for the

words ''may deem''.

AMENDMENTS

1999 - Subsec. (b)(7). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (b)(7). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

1983 - Subsec. (b)(6). Pub. L. 98-209, Sec. 3(e)(1), substituted

''the person authorized under regulations prescribed under section

827 of this title (article 27) to detail counsel'' for ''a

convening authority''.

Subsec. (b)(7). Pub. L. 98-209, Sec. 3(e)(2), inserted provision

that such regulations may not prescribe any limitation based on the

reasonable availability of counsel solely on the grounds that the

counsel selected by the accused is from an armed force other than

the armed force of which the accused is a member.

Subsec. (c). Pub. L. 98-209, Sec. 3(e)(3), designated existing

provisions as par. (1), made minor changes in phraseology and

punctuation, and added pars. (2) and (3).

1981 - Subsec. (b). Pub. L. 97-81 revised subsec. (b) by dividing

its provisions into seven numbered paragraphs and inserted

provisions relating to the right to counsel at an investigation

under section 832 of this title (article 32), authorizing the

promulgation of regulations relating to the ''reasonable

availability'' of military counsel, and authorizing the detailing

of additional military counsel for the accused under specified

circumstances.

1968 - Subsec. (b). Pub. L. 90-632 substituted ''military judge

or by the president of a court-martial without a military judge''

for ''president of the court''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month after Dec. 6, 1983, but not to affect the

designation or detail of a military judge or military counsel to a

court-martial before that date, see section 12(a)(1), (2) of Pub.

L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-81 to take effect at end of 60-day period

beginning on Nov. 20, 1981, and to apply to trials by

courts-martial in which all charges are referred to trial on or

after that date, see section 7(a) and (b)(4) of Pub. L. 97-81, set

out as an Effective Date note under section 706 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective on first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 832, 937 of this title.

-CITE-

10 USC Sec. 839 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 839. Art. 39. Sessions

-STATUTE-

(a) At any time after the service of charges which have been

referred for trial to a court-martial composed of a military judge

and members, the military judge may, subject to section 835 of this

title (article 35), call the court into session without the

presence of the members for the purpose of -

(1) hearing and determining motions raising defenses or

objections which are capable of determination without trial of

the issues raised by a plea of not guilty;

(2) hearing and ruling upon any matter which may be ruled upon

by the military judge under this chapter, whether or not the

matter is appropriate for later consideration or decision by the

members of the court;

(3) if permitted by regulations of the Secretary concerned,

holding the arraignment and receiving the pleas of the accused;

and

(4) performing any other procedural function which may be

performed by the military judge under this chapter or under rules

prescribed pursuant to section 836 of this title (article 36) and

which does not require the presence of the members of the court.

These proceedings shall be conducted in the presence of the

accused, the defense counsel, and the trial counsel and shall be

made a part of the record. These proceedings may be conducted

notwithstanding the number of members of the court and without

regard to section 829 of this title (article 29).

(b) When the members of a court-martial deliberate or vote, only

the members may be present. All other proceedings, including any

other consultation of the members of the court with counsel or the

military judge, shall be made a part of the record and shall be in

the presence of the accused, the defense counsel, the trial

counsel, and, in cases in which a military judge has been detailed

to the court, the military judge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(15),

Oct. 24, 1968, 82 Stat. 1338; Pub. L. 101-510, div. A, title V,

Sec. 541(a), Nov. 5, 1990, 104 Stat. 1565.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

839 50:614. May 5, 1950, ch.

169, Sec. 1 (Art.

39), 64 Stat. 121.

-------------------------------

The word ''When'' is substituted for the word ''Whenever''. The

words ''deliberates or votes'' are substituted for the words ''is

to deliberate or vote''. The word ''may'' is substituted for the

word ''shall''. The word ''shall'' is inserted before the words

''be in the presence'' for clarity.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-510 inserted at end ''These

proceedings may be conducted notwithstanding the number of members

of the court and without regard to section 829 of this title

(article 29).''

1968 - Pub. L. 90-632 added subsec. (a), designated existing

provisions as subsec. (b), substituted ''military judge'' for ''law

officer'', and struck out provisions authorizing the court after

voting on the findings in a general court-martial to request the

law officer and the reporter to appear before the court to put the

findings in proper form.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 541(e) of Pub. L. 101-510 provided that: ''The amendments

made by subsections (a) through (d) (amending this section and

section 841 of this title) shall apply only to a court-martial

convened on or after the date of the enactment of this Act (Nov. 5,

1990).''

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 825, 835 of this title.

-CITE-

10 USC Sec. 840 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 840. Art. 40. Continuances

-STATUTE-

The military judge or a court-martial without a military judge

may, for reasonable cause, grant a continuance to any party for

such time, and as often, as may appear to be just.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(16),

Oct. 24, 1968, 82 Stat. 1339.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

840 50:615. May 5, 1950, ch.

169, Sec. 1 (Art.

40), 64 Stat. 121.

-------------------------------

AMENDMENTS

1968 - Pub. L. 90-632 inserted reference to military judge.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 841 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 841. Art. 41. Challenges

-STATUTE-

(a)(1) The military judge and members of a general or special

court-martial may be challenged by the accused or the trial counsel

for cause stated to the court. The military judge, or, if none,

the court, shall determine the relevancy and validity of challenges

for cause, and may not receive a challenge to more than one person

at a time. Challenges by the trial counsel shall ordinarily be

presented and decided before those by the accused are offered.

(2) If exercise of a challenge for cause reduces the court below

the minimum number of members required by section 816 of this title

(article 16), all parties shall (notwithstanding section 829 of

this title (article 29)) either exercise or waive any challenge for

cause then apparent against the remaining members of the court

before additional members are detailed to the court. However,

peremptory challenges shall not be exercised at that time.

(b)(1) Each accused and the trial counsel are entitled initially

to one peremptory challenge of members of the court. The military

judge may not be challenged except for cause.

(2) If exercise of a peremptory challenge reduces the court below

the minimum number of members required by section 816 of this title

(article 16), the parties shall (notwithstanding section 829 of

this title (article 29)) either exercise or waive any remaining

peremptory challenge (not previously waived) against the remaining

members of the court before additional members are detailed to the

court.

(c) Whenever additional members are detailed to the court, and

after any challenges for cause against such additional members are

presented and decided, each accused and the trail counsel are

entitled to one peremptory challenge against members not previously

subject to peremptory challenge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(17),

Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101-510, div. A, title V,

Sec. 541(b)-(d), Nov. 5, 1990, 104 Stat. 1565.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

841(a) 841(b) 50:616(a). May 5, 1950, ch.

50:616(b). 169, Sec. 1 (Art.

41), 64 Stat. 121.

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall'' before the words ''not receive''.

In subsection (b), the word ''the'' is inserted before the word

''trial''. The word ''is'' is substituted for the words ''shall

be''. The word ''may'' is substituted for the word ''shall''.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-510, Sec. 541(b), designated

existing provision as par. (1) and added par. (2).

Subsec. (b). Pub. L. 101-510, Sec. 541(c), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''Each

accused and the trial counsel is entitled to one peremptory

challenge, but the military judge may not be challenged except for

cause.''

Subsec. (c). Pub. L. 101-510, Sec. 541(d), added subsec. (c).

1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(17)(A), (B), inserted

reference to the military judge and struck out references to the

law officer of a general court-martial.

Subsec. (b). Pub. L. 90-632, Sec. 2(17)(C), substituted

''military judge'' for ''law officer''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable only to court-martial

convened on or after Nov. 5, 1990, see section 541(e) of Pub. L.

101-510, set out as a note under section 839 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 842 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 842. Art. 42. Oaths

-STATUTE-

(a) Before performing their respective duties, military judges,

members of general and special courts-martial, trial counsel,

assistant trial counsel, defense counsel, assistant or associate

defense counsel, reporters, and interpreters shall take an oath to

perform their duties faithfully. The form of the oath, the time

and place of the taking thereof, the manner of recording the same,

and whether the oath shall be taken for all cases in which these

duties are to be performed or for a particular case, shall be as

prescribed in regulations of the Secretary concerned. These

regulations may provide that an oath to perform faithfully duties

as a military judge, trial counsel, assistant trial counsel,

defense counsel, or assistant or associate defense counsel may be

taken at any time by any judge advocate or other person certified

to be qualified or competent for the duty, and if such an oath is

taken it need not again be taken at the time the judge advocate or

other person is detailed to that duty.

(b) Each witness before a court-martial shall be examined on

oath.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(18),

Oct. 24, 1968, 82 Stat. 1339; Pub. L. 98-209, Sec. 2(e), 3(f), Dec.

6, 1983, 97 Stat. 1393, 1395.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

842(a) 842(b) 50:617(a). May 5, 1950, ch.

50:617(b). 169, Sec. 1 (Art.

42), 64 Stat. 121.

-------------------------------

In subsection (a), the word ''all'' and the word ''the'' before

the words ''members'', ''trial'', ''defense'', and ''reporter'' are

omitted as surplusage.

In subsections (a) and (b), the words ''or affirmation'' are

omitted as covered by the definition of the word ''oath'' in

section 1 of Title 1.

In subsection (b), the words ''Each witness'' are substituted for

the words ''All witnesses''.

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-209 struck out '', law

specialist,'' after ''judge advocate'' in two places, substituted

''assistant or associate defense counsel'' for ''assistant defense

counsel''.

1968 - Subsec. (a). Pub. L. 90-632 struck out requirement that

the oath given to court-martial personnel be taken in the presence

of the accused and provided that the form of the oath, the time and

place of its taking, the manner of recording thereof, and whether

the oath shall be taken for all cases or for a particular case

shall be as prescribed by regulations of the Secretary concerned

and contemplated secretarial regulations allowing the

administration of an oath to certified legal personnel on a

one-time basis.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, see section 12(a)(1)

of Pub. L. 98-209, set out as a note under section 801 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 843 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 843. Art. 43. Statute of limitations

-STATUTE-

(a) A person charged with absence without leave or missing

movement in time of war, or with any offense punishable by death,

may be tried and punished at any time without limitation.

(b)(1) Except as otherwise provided in this section (article), a

person charged with an offense is not liable to be tried by

court-martial if the offense was committed more than five years

before the receipt of sworn charges and specifications by an

officer exercising summary court-martial jurisdiction over the

command.

(2) A person charged with an offense is not liable to be punished

under section 815 of this title (article 15) if the offense was

committed more than two years before the imposition of punishment.

(c) Periods in which the accused is absent without authority or

fleeing from justice shall be excluded in computing the period of

limitation prescribed in this section (article).

(d) Periods in which the accused was absent from territory in

which the United States has the authority to apprehend him, or in

the custody of civil authorities, or in the hands of the enemy,

shall be excluded in computing the period of limitation prescribed

in this article.

(e) For an offense the trial of which in time of war is certified

to the President by the Secretary concerned to be detrimental to

the prosecution of the war or inimical to the national security,

the period of limitation prescribed in this article is extended to

six months after the termination of hostilities as proclaimed by

the President or by a joint resolution of Congress.

(f) When the United States is at war, the running of any statute

of limitations applicable to any offense under this chapter -

(1) involving fraud or attempted fraud against the United

States or any agency thereof in any manner, whether by conspiracy

or not;

(2) committed in connection with the acquisition, care,

handling, custody, control, or disposition of any real or

personal property of the United States; or

(3) committed in connection with the negotiation, procurement,

award, performance, payment, interim financing, cancellation, or

other termination or settlement, of any contract, subcontract, or

purchase order which is connected with or related to the

prosecution of the war, or with any disposition of termination

inventory by any war contractor or Government agency;

is suspended until three years after the termination of hostilities

as proclaimed by the President or by a joint resolution of

Congress.

(g)(1) If charges or specifications are dismissed as defective or

insufficient for any cause and the period prescribed by the

applicable statute of limitations -

(A) has expired; or

(B) will expire within 180 days after the date of dismissal of

the charges and specifications,

trial and punishment under new charges and specifications are not

barred by the statute of limitations if the conditions specified in

paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are that the new

charges and specifications must -

(A) be received by an officer exercising summary court-martial

jurisdiction over the command within 180 days after the dismissal

of the charges or specifications; and

(B) allege the same acts or omissions that were alleged in the

dismissed charges or specifications (or allege acts or omissions

that were included in the dismissed charges or specifications).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 99-661, div. A,

title VIII, Sec. 805(a), (b), Nov. 14, 1986, 100 Stat. 3908.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

843(a) 843(b) 50:618(a). May 5, 1950, ch.

50:618(b). 169, Sec. 1 (Art.

43), 64 Stat. 121.

843(c) 50:618(c).

843(d) 50:618(d).

843(e) 50:618(e).

843(f) 50:618(f).

-------------------------------

In subsection (b), the word ''inclusive'' is omitted as

surplusage.

In subsections (b) and (c), the words ''is not'' are substituted

for the words ''shall not be''.

In subsection (e), the words ''For an'' are substituted for the

words ''In the case of any''. The word ''is'' is substituted for

the words ''shall be''. The words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

In subsection (f), the word ''is'' is substituted for the words

''shall be''.

AMENDMENTS

1986 - Subsecs. (a) to (c). Pub. L. 99-661, Sec. 805(a), amended

subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to

(c) read as follows:

''(a) A person charged with desertion or absence without leave in

time of war, or with aiding the enemy, mutiny, or murder, may be

tried and punished at any time without limitation.

''(b) Except as otherwise provided in this article, a person

charged with desertion in time of peace or any of the offenses

punishable under sections 919-932 of this title (articles 119-132)

is not liable to be tried by court-martial if the offense was

committed more than three years before the receipt of sworn charges

and specifications by an officer exercising summary court-martial

jurisdiction over the command.

''(c) Except as otherwise provided in this article, a person

charged with any offense is not liable to be tried by court-martial

or punished under section 815 of this title (article 15) if the

offense was committed more than two years before the receipt of

sworn charges and specifications by an officer exercising summary

court-martial jurisdiction over the command or before the

imposition of punishment under section 815 of this title (article

15).''

Subsec. (g). Pub. L. 99-661, Sec. 805(b), added subsec. (g).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 805(c) of Pub. L. 99-661 provided that: ''The amendments

made by this section (amending this section) shall apply to an

offense committed on or after the date of the enactment of this Act

(Nov. 14, 1986).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 803 of this title.

-CITE-

10 USC Sec. 844 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 844. Art. 44. Former jeopardy

-STATUTE-

(a) No person may, without his consent, be tried a second time

for the same offense.

(b) 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 article until the finding of guilty has become final

after review of the case has been fully completed.

(c) 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 available

evidence or witnesses without any fault of the accused is a trial

in the sense of this article.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 52.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

844(a) 844(b) 844(c) 50:619(a). May 5, 1950, ch.

50:619(b). 169, Sec. 1 (Art.

50:619(c). 44), 64 Stat. 122.

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall''.

In subsection (b), the word ''is'' is substituted for the words

''shall be held to be''.

In subsection (c), the word ''after'' is substituted for the

words ''subsequent to''. The word ''before'' is substituted for

the words ''prior to''. The word ''is'' is substituted for the

words ''shall be''.

-CITE-

10 USC Sec. 845 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 845. Art. 45. Pleas of the accused

-STATUTE-

(a) If an accused after arraignment makes an irregular pleading,

or after a plea of guilty sets up matter inconsistent with the

plea, or if it appears that he has entered the plea of guilty

improvidently or through lack of understanding of its meaning and

effect, or if he fails or refuses to plead, a plea of not guilty

shall be entered in the record, and the court shall proceed as

though he had pleaded not guilty.

(b) A plea of guilty by the accused may not be received to any

charge or specification alleging an offense for which the death

penalty may be adjudged. With respect to any other charge or

specification to which a plea of guilty has been made by the

accused and accepted by the military judge or by a court-martial

without a military judge, a finding of guilty of the charge or

specification may, if permitted by regulations of the Secretary

concerned, be entered immediately without vote. This finding shall

constitute the finding of the court unless the plea of guilty is

withdrawn prior to announcement of the sentence, in which event the

proceedings shall continue as though the accused had pleaded not

guilty.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90-632, Sec. 2(19),

Oct. 24, 1968, 82 Stat. 1339.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

845(a) 845(b) 50:620(a). May 5, 1950, ch.

50:620(b). 169, Sec. 1 (Art.

45), 64 Stat. 122.

-------------------------------

In subsection (b), the word ''may'' is substituted for the word

''shall''.

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(19)(A), substituted

''after arraignment'' for ''arraigned before a court-martial''.

Subsec. (b). Pub. L. 90-632, Sec. 2(19)(B), inserted provisions

covering the making and accepting of a guilty plea to charges or

specifications other than charges and specifications alleging an

offense for which the death penalty may be adjudged.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 852 of this title.

-CITE-

10 USC Sec. 846 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 846. Art. 46. Opportunity to obtain witnesses and other

evidence

-STATUTE-

The trial counsel, the defense counsel, and the court-martial

shall have equal opportunity to obtain witnesses and other evidence

in accordance with such regulations as the President may

prescribe. Process issued in court-martial cases to compel

witnesses to appear and testify and to compel the production of

other evidence shall be similar to that which courts of the United

States having criminal jurisdiction may lawfully issue and shall

run to any part of the United States, or the Territories,

Commonwealths, and possessions.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 53.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

846 50:621. May 5, 1950, ch.

169, Sec. 1 (Art.

46), 64 Stat. 122.

-------------------------------

The word ''Commonwealths'' is inserted to reflect the present

status of Puerto Rico.

-CITE-

10 USC Sec. 847 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 847. Art. 47. Refusal to appear or testify

-STATUTE-

(a) Any person not subject to this chapter who -

(1) has been duly subpenaed to appear as a witness before a

court-martial, military commission, court of inquiry, or any

other military court or board, or before any military or civil

officer designated to take a deposition to be read in evidence

before such a court, commission, or board;

(2) has been duly paid or tendered the fees and mileage of a

witness at the rates allowed to witnesses attending the courts of

the United States; and

(3) willfully neglects or refuses to appear, or refuses to

qualify as a witness or to testify or to produce any evidence

which that person may have been legally subpenaed to produce;

is guilty of an offense against the United States.

(b) Any person who commits an offense named in subsection (a)

shall be tried on indictment or information in a United States

district court or in a court of original criminal jurisdiction in

any of the Territories, Commonwealths, or possessions of the United

States, and jurisdiction is conferred upon those courts for that

purpose. Upon conviction, such a person shall be fined or

imprisoned, or both, at the court's discretion.

(c) The United States attorney or the officer prosecuting for the

United States in any such court of original criminal jurisdiction

shall, upon the certification of the facts to him by the military

court, commission, court of inquiry, or board, file an information

against and prosecute any person violating this article.

(d) The fees and mileage of witnesses shall be advanced or paid

out of the appropriations for the compensation of witnesses.

-SOURCE-

(Aug. 10, 1956, ch. 1041. 70A Stat. 53; Pub. L. 104-106, div. A,

title XI, Sec. 1111, Feb. 10, 1996, 110 Stat. 461.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

847(a) 847(b) 50:622(a). May 5, 1950, ch.

50:622(b). 169, Sec. 1 (Art.

47), 64 Stat. 123.

847(c) 50:622(c).

847(d) 50:622(d).

-------------------------------

In subsection (a), the word ''Any'' is substituted for the word

''Every''. The word ''is'' is substituted for the words ''shall be

deemed''.

In subsection (b), the words ''named in subsection (a)'' are

substituted for the words ''denounced by this article''. The words

''Territories, Commonwealths, or'' are substituted for the word

''Territorial''. The words ''not more than'' are substituted for

the words ''a period not exceeding''.

In subsection (c), the words ''It shall be the duty of * * * to''

are omitted as surplusage. The words ''United States Attorney''

are substituted for the words ''United States district attorney'',

to conform to the terminology of section 501 of title 28. The word

''shall'' is inserted after the word ''jurisdiction''.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 inserted ''indictment or''

after ''shall be tried on'' and substituted ''shall be fined or

imprisoned, or both, at the court's discretion'' for ''shall be

punished by a fine of not more than $500, or imprisonment for not

more than six months, or both''.

-CITE-

10 USC Sec. 848 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 848. Art. 48. Contempts

-STATUTE-

A court-martial, provost court, or military commission may punish

for contempt any person who uses any menacing word, sign, or

gesture in its presence, or who disturbs its proceedings by any

riot or disorder. The punishment may not exceed confinement for 30

days or a fine of $100, or both.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 53.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

848 50:623. May 5, 1950, ch.

169, Sec. 1 (Art.

48), 64 Stat. 123.

-------------------------------

The word ''may'' is substituted for the word ''shall''.

-CITE-

10 USC Sec. 849 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 849. Art. 49. Depositions

-STATUTE-

(a) At any time after charges have been signed as provided in

section 830 of this title (article 30), any party may take oral or

written depositions unless the military judge or court-martial

without a military judge hearing the case or, if the case is not

being heard, an authority competent to convene a court-martial for

the trial of those charges forbids it for good cause. If a

deposition is to be taken before charges are referred for trial,

such an authority may designate commissioned officers to represent

the prosecution and the defense and may authorize those officers to

take the deposition of any witness.

(b) The party at whose instance a deposition is to be taken shall

give to every other party reasonable written notice of the time and

place for taking the deposition.

(c) Depositions may be taken before and authenticated by any

military or civil officer authorized by the laws of the United

States or by the laws of the place where the deposition is taken to

administer oaths.

(d) A duly authenticated deposition taken upon reasonable notice

to the other parties, so far as otherwise admissible under the

rules of evidence, may be read in evidence or, in the case of

audiotape, videotape, or similar material, may be played in

evidence before any military court or commission in any case not

capital, or in any proceeding before a court of inquiry or military

board, if it appears -

(1) that the witness resides or is beyond the State, Territory,

Commonwealth, or District of Columbia in which the court,

commission, or board is ordered to sit, or beyond 100 miles from

the place of trial or hearing;

(2) that the witness by reason of death, age, sickness, bodily

infirmity, imprisonment, military necessity, nonamenability to

process, or other reasonable cause, is unable or refuses to

appear and testify in person at the place of trial or hearing; or

(3) that the present whereabouts of the witness is unknown.

(e) Subject to subsection (d), testimony by deposition may be

presented by the defense in capital cases.

(f) Subject to subsection (d), a deposition may be read in

evidence or, in the case of audiotape, videotape, or similar

material, may be played in evidence in any case in which the death

penalty is authorized but is not mandatory, whenever the convening

authority directs that the case be treated as not capital, and in

such a case a sentence of death may not be adjudged by the

court-martial.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 90-632, Sec. 2(20),

Oct. 24, 1968, 82 Stat. 1340; Pub. L. 98-209, Sec. 6(b), Dec. 6,

1983, 97 Stat. 1400.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

849(a) 849(b) 50:624(a). May 5, 1950, ch.

50:624(b). 169, Sec. 1 (Art.

49), 64 Stat. 123.

849(c) 50:624(c).

849(d) 50:624(d).

849(e) 50:624(e).

849(f) 50:624(f).

-------------------------------

In subsection (a), the word ''commissioned'' is inserted for

clarity.

In subsection (d), the word ''Commonwealth'' is inserted to

reflect the present status of Puerto Rico. The words ''of

Columbia'' are inserted after the word ''District'' for clarity.

The words ''the distance of'' are omitted as surplusage.

In subsections (e) and (f), the words ''the requirements of'' and

the words ''of this article'' are omitted as surplusage. The word

''presented'' is substituted for the word ''adduced'' in subsection

(e).

In subsection (f), the word ''directs'' is substituted for the

words ''shall have directed''. The words ''by law'' are omitted as

surplusage.

AMENDMENTS

1983 - Subsecs. (d), (f). Pub. L. 98-209 inserted ''or, in the

case of audiotape, videotape, or similar material, may be played in

evidence'' after ''read in evidence''.

1968 - Subsec. (a). Pub. L. 90-632 inserted reference to the

taking of depositions being forbidden by the military judge or the

court-martial without a military judge if the case is being heard.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective on first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 850 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 850. Art. 50. Admissibility of records of courts of inquiry

-STATUTE-

(a) In any case not capital and not extending to the dismissal of

a commissioned officer, the sworn testimony, contained in the duly

authenticated record of proceedings of a court of inquiry, of a

person whose oral testimony cannot be obtained, may, if otherwise

admissible under the rules of evidence, be read in evidence by any

party before a court-martial or military commission if the accused

was a party before the court of inquiry and if the same issue was

involved or if the accused consents to the introduction of such

evidence.

(b) Such testimony may be read in evidence only by the defense in

capital cases or cases extending to the dismissal of a commissioned

officer.

(c) Such testimony may also be read in evidence before a court of

inquiry or a military board.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 54.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

850(a) 850(b) 50:625(a). May 5, 1950, ch.

50:625(b). 169, Sec. 1 (Art.

50), 64 Stat. 124.

850(c) 50:625(c).

-------------------------------

In subsections (a) and (b), the word ''commissioned'' is inserted

for clarity.

-CITE-

10 USC Sec. 850a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 850a. Art. 50a. Defense of lack of mental responsibility

-STATUTE-

(a) It is an affirmative defense in a trial by court-martial

that, at the time of the commission of the acts constituting the

offense, the accused, as a result of a severe mental disease or

defect, was unable to appreciate the nature and quality or the

wrongfulness of the acts. Mental disease or defect does not

otherwise constitute a defense.

(b) The accused has the burden of proving the defense of lack of

mental responsibility by clear and convincing evidence.

(c) Whenever lack of mental responsibility of the accused with

respect to an offense is properly at issue, the military judge, or

the president of a court-martial without a military judge, shall

instruct the members of the court as to the defense of lack of

mental responsibility under this section and charge them to find

the accused -

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of lack of mental responsibility.

(d) Subsection (c) does not apply to a court-martial composed of

a military judge only. In the case of a court-martial composed of

a military judge only, whenever lack of mental responsibility of

the accused with respect to an offense is properly at issue, the

military judge shall find the accused -

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of lack of mental responsibility.

(e) Notwithstanding the provisions of section 852 of this title

(article 52), the accused shall be found not guilty only by reason

of lack of mental responsibility if -

(1) a majority of the members of the court-martial present at

the time the vote is taken determines that the defense of lack of

mental responsibility has been established; or

(2) in the case of a court-martial composed of a military judge

only, the military judge determines that the defense of lack of

mental responsibility has been established.

-SOURCE-

(Added Pub. L. 99-661, div. A, title VIII, Sec. 802(a)(1), Nov.

14, 1986, 100 Stat. 3905.)

-MISC1-

EFFECTIVE DATE

Section 802(b) of Pub. L. 99-661 provided that: ''Section 850a of

title 10, United States Code, as added by subsection (a)(1), shall

apply only to offenses committed on or after the date of the

enactment of this Act (Nov. 14, 1986).''

-CITE-

10 USC Sec. 851 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 851. Art. 51. Voting and rulings

-STATUTE-

(a) Voting by members of a general or special court-martial on

the findings and on the sentence, and by members of a court-martial

without a military judge upon questions of challenge, shall be by

secret written ballot. The junior member of the court shall count

the votes. The count shall be checked by the president, who shall

forthwith announce the result of the ballot to the members of the

court.

(b) The military judge and, except for questions of challenge,

the president of a court-martial without a military judge shall

rule upon all questions of law and all interlocutory questions

arising during the proceedings. Any such ruling made by the

military judge upon any question of law or any interlocutory

question other than the factual issue of mental responsibility of

the accused, or by the president of a court-martial without a

military judge upon any question of law other than a motion for a

finding of not guilty, is final and constitutes the ruling of the

court. However, the military judge or the president of a

court-martial without a military judge may change his ruling at any

time during trial. Unless the ruling is final, if any member

objects thereto, the court shall be cleared and closed and the

question decided by a voice vote as provided in section 852 of this

title (article 52), beginning with the junior in rank.

(c) Before a vote is taken on the findings, the military judge or

the president of a court-martial without a military judge shall, in

the presence of the accused and counsel, instruct the members of

the court as to the elements of the offense and charge them -

(1) that the accused must be presumed to be innocent until his

guilt is established by legal and competent evidence beyond

reasonable doubt;

(2) that in the case being considered, if there is a reasonable

doubt as to the guilt of the accused, the doubt must be resolved

in favor of the accused and he must be acquitted;

(3) that, if there is a reasonable doubt as to the degree of

guilt, the finding must be in a lower degree as to which there is

no reasonable doubt; and

(4) that the burden of proof to establish the guilt of the

accused beyond reasonable doubt is upon the United States.

(d) Subsections (a), (b), and (c) do not apply to a court-martial

composed of a military judge only. The military judge of such a

court-martial shall determine all questions of law and fact arising

during the proceedings and, if the accused is convicted, adjudge an

appropriate sentence. The military judge of such a court-martial

shall make a general finding and shall in addition on request find

the facts specially. If an opinion or memorandum of decision is

filed, it will be sufficient if the findings of fact appear

therein.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 90-632, Sec. 2(21),

Oct. 24, 1968, 82 Stat. 1340.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

851(a) 851(b) 50:626(a). May 5, 1950, ch.

50:626(b). 169, Sec. 1 (Art.

51), 64 Stat. 124.

851(c) 50:626(c).

-------------------------------

In subsection (a), the words ''in each case'' are omitted as

surplusage.

In subsection (b), the word ''is'' is substituted for the words

''shall be'' in the second sentence. The word ''constitutes'' is

substituted for the words ''shall constitute''. The word

''However,'' is substituted for the word ''but''. The word ''his''

is substituted for the words ''any such''. The words ''the ruling

is'' are substituted for the words ''such ruling be''. The words

''voice vote'' are substituted for the words ''vote * * * viva

voce''.

In subsection (c), the word ''must'' is substituted for the word

''shall'' in clause (2), since a condition is prescribed, not a

command. The words ''United States'' are substituted for the word

''Government''.

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(21)(A), limited the

balloting on the question of challenges to courts-martial without

military judges.

Subsec. (b). Pub. L. 90-632, Sec. 2(21)(B), substituted

''military judge'' for ''law officer'' and inserted reference to

the military judge's ruling upon challenges for cause when a

military judge is part of a court-martial and reference to

questions of law.

Subsec. (c). Pub. L. 90-632, Sec. 2(21)(C), substituted

''military judge'' for ''law officer'' and made minor changes in

phraseology eliminating the division between general and special

court-martials.

Subsec. (d). Pub. L. 90-632, Sec. 2(21)(D), added subsec. (d).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 852 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 852. Art. 52. Number of votes required

-STATUTE-

(a)(1) No person may be convicted of an offense for which the

death penalty is made mandatory by law, except by the concurrence

of all the members of the court-martial present at the time the

vote is taken.

(2) No person may be convicted of any other offense, except as

provided in section 845(b) of this title (article 45(b)) or by the

concurrence of two-thirds of the members present at the time the

vote is taken.

(b)(1) No person may be sentenced to suffer death, except by the

concurrence of all the members of the court-martial present at the

time the vote is taken and for an offense in this chapter expressly

made punishable by death.

(2) No person may be sentenced to life imprisonment or to

confinement for more than ten years, except by the concurrence of

three-fourths of the members present at the time the vote is taken.

(3) All other sentences shall be determined by the concurrence of

two-thirds of the members present at the time the vote is taken.

(c) All other questions to be decided by the members of a general

or special court-martial shall be determined by a majority vote,

but a determination to reconsider a finding of guilty or to

reconsider a sentence, with a view toward decreasing it, may be

made by any lesser vote which indicates that the reconsideration is

not opposed by the number of votes required for that finding or

sentence. A tie vote on a challenge disqualifies the member

challenged. A tie vote on a motion for a finding of not guilty or

on a motion relating to the question of the accused's sanity is a

determination against the accused. A tie vote on any other

question is a determination in favor of the accused.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 55; Pub. L. 90-632, Sec. 2(22),

Oct. 24, 1968, 82 Stat. 1340.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

852(a) 852(b) 50:627(a). 50:627(b) May 5, 1950, ch.

169, Sec. 1 (Art.

52), 64 Stat. 125.

852(c) 50:627(c).

-------------------------------

In subsections (a) and (b), the word ''may'' is substituted for

the word ''shall''.

In subsection (b)(2), the words ''for more than'' are substituted

for the words ''in excess of''.

In subsection (c), the word ''disqualifies'' is substituted for

the words ''shall disqualify''. The word ''is'' is substituted for

the words ''shall be'' in the last two sentences.

AMENDMENTS

1968 - Subsec. (a)(2). Pub. L. 90-632, Sec. 2(22)(A), inserted

reference to the exception provided in section 845(b) of this title

(article 45(b)).

Subsec. (c). Pub. L. 90-632, Sec. 2(22)(B), provided that a

determination to reconsider a finding of guilty or to reconsider a

sentence, with a view toward decreasing it, may be made by a vote

of less than a majority vote which indicates that the

reconsideration is not opposed by the number of votes required for

that finding or sentence.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 850a, 851 of this title.

-CITE-

10 USC Sec. 853 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 853. Art. 53. Court to announce action

-STATUTE-

A court-martial shall announce its findings and sentence to the

parties as soon as determined.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 56.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

853 50:628. May 5, 1950, ch.

169, Sec. 1 (Art.

53), 64 Stat. 125.

-------------------------------

The word ''A'' is substituted for the word ''Every''.

-CITE-

10 USC Sec. 854 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VII - TRIAL PROCEDURE

-HEAD-

Sec. 854. Art. 54. Record of trial

-STATUTE-

(a) Each general court-martial shall keep a separate record of

the proceedings in each case brought before it, and the record

shall be authenticated by the signature of the military judge. If

the record cannot be authenticated by the military judge by reason

of his death, disability, or absence, it shall be authenticated by

the signature of the trial counsel or by that of a member if the

trial counsel is unable to authenticate it by reason of his death,

disability, or absence. In a court-martial consisting of only a

military judge the record shall be authenticated by the court

reporter under the same conditions which would impose such a duty

on a member under this subsection.

(b) Each special and summary court-martial shall keep a separate

record of the proceedings in each case, and the record shall be

authenticated in the manner required by such regulations as the

President may prescribe.

(c)(1) A complete record of the proceedings and testimony shall

be prepared -

(A) in each general court-martial case in which the sentence

adjudged includes death, a dismissal, a discharge, or (if the

sentence adjudged does not include a discharge) any other

punishment which exceeds that which may otherwise be adjudged by

a special court-martial; and

(B) in each special court-martial case in which the sentence

adjudged includes a bad-conduct discharge, confinement for more

than six months, or forfeiture of pay for more than six months.

(2) In all other court-martial cases, the record shall contain

such matters as may be prescribed by regulations of the President.

(d) A copy of the record of the proceedings of each general and

special court-martial shall be given to the accused as soon as it

is authenticated.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90-632, Sec. 2(23),

Oct. 24, 1968, 82 Stat. 1340; Pub. L. 98-209, Sec. 6(c), Dec. 6,

1983, 97 Stat. 1400; Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 555(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-127.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

854(a) 854(b) 50:629(a). May 5, 1950, ch.

50:629(b). 169, Sec. 1 (Art.

54), 64 Stat. 125.

854(c) 50:629(c).

-------------------------------

In subsection (a), the word ''If'' is substituted for the words

''In case''. The words ''any of those'' are substituted for the

word ''such'' in the last sentence.

In subsection (b), the words ''and the'' are substituted for the

word ''which'' before the word ''record''. The words ''the matter

and shall be authenticated in the manner required by such

regulations as'' are substituted for the words ''such matter and be

authenticated in such manner as may be required by regulations

which''.

In subsection (c), the words ''it is'' are inserted before the

word ''authenticated''.

AMENDMENTS

2000 - Subsec. (c)(1)(B). Pub. L. 106-398 inserted '',

confinement for more than six months, or forfeiture of pay for more

than six months'' after ''bad-conduct discharge''.

1983 - Subsec. (a). Pub. L. 98-209, Sec. 6(c)(1), struck out

provision that if the proceedings had resulted in an acquittal of

all charges and specifications or, if not affecting a general or

flag officer, in a sentence not including discharge and not in

excess of that which could otherwise be adjudged by a special

court-martial, the record had to contain such matters as might be

prescribed by regulations of the President.

Subsec. (b). Pub. L. 98-209, Sec. 6(c)(2), substituted ''the

record'' for ''the record shall contain the matter and''.

Subsecs. (c), (d). Pub. L. 98-209, Sec. 6(c)(3), (4), added

subsec. (c) and redesignated former subsec. (c) as (d).

1968 - Subsec. (a). Pub. L. 90-632 provided for authentication of

a record of trial by general court-martial by the signature of the

military judge, for alternate methods of authentication if the

military judge for specified reasons is unable to authenticate it,

for authentication when a court-martial consists only of a military

judge, and for summarized records of trial in specified cases.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 555(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-127, provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect as

of April 1, 2000, and shall apply with respect to charges referred

on or after that date to trial by special court-martial.''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC SUBCHAPTER VIII - SENTENCES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

.

-HEAD-

SUBCHAPTER VIII - SENTENCES

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

855. 55. Cruel and unusual

punishments

prohibited.

856. 56. Maximum limits.

856a. 56a. Sentence of

confinement for

life without

eligibility for

parole.

857. 57. Effective date of

sentences.

857a. 57a. Deferment of

sentences.

858. 58. Execution of

confinement.

858a. 58a. Sentences: reduction

in enlisted grade

upon approval.

858b. 58b. Sentences:

forfeiture of pay

and allowances

during confinement.

-------------------------------

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title V, Sec. 581(a)(2), Nov. 18,

1997, 111 Stat. 1760, added item 856a.

1996 - Pub. L. 104-106, div. A, title XI, Sec. 1122(a)(2),

1123(b), Feb. 10, 1996, 110 Stat. 463, 464, added items 857a and

858b.

1960 - Pub. L. 86-633, Sec. 1(2), July 12, 1960, 74 Stat. 468,

added item 858a.

-CITE-

10 USC Sec. 855 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 855. Art. 55. Cruel and unusual punishments prohibited

-STATUTE-

Punishment by flogging, or by branding, marking, or tattooing on

the body, or any other cruel or unusual punishment, may not be

adjudged by any court-martial or inflicted upon any person subject

to this chapter. The use of irons, single or double, except for

the purpose of safe custody, is prohibited.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 56.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

855 50:636. May 5, 1950, ch.

169, Sec. 1 (Art.

55), 64 Stat. 126.

-------------------------------

The word ''may'' is substituted for the word ''shall''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 856 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 856. Art. 56. Maximum limits

-STATUTE-

The punishment which a court-martial may direct for an offense

may not exceed such limits as the President may prescribe for that

offense.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 56.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

856 50:637. May 5, 1950, ch.

169, Sec. 1 (Art.

56), 64 Stat. 126.

-------------------------------

The word ''may'' is substituted for the word ''shall''.

-CITE-

10 USC Sec. 856a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 856a. Art. 56a. Sentence of confinement for life without

eligibility for parole

-STATUTE-

(a) For any offense for which a sentence of confinement for life

may be adjudged, a court-martial may adjudge a sentence of

confinement for life without eligibility for parole.

(b) An accused who is sentenced to confinement for life without

eligibility for parole shall be confined for the remainder of the

accused's life unless -

(1) the sentence is set aside or otherwise modified as a result

of -

(A) action taken by the convening authority, the Secretary

concerned, or another person authorized to act under section

860 of this title (article 60); or

(B) any other action taken during post-trial procedure and

review under any other provision of subchapter IX;

(2) the sentence is set aside or otherwise modified as a result

of action taken by a Court of Criminal Appeals, the Court of

Appeals for the Armed Forces, or the Supreme Court; or

(3) the accused is pardoned.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 581(a)(1), Nov. 18,

1997, 111 Stat. 1759.)

-MISC1-

EFFECTIVE DATE

Section 581(b) of Pub. L. 105-85 provided that: ''Section 856a of

title 10, United States Code (article 56a of the Uniform Code of

Military Justice), as added by subsection (a), shall be applicable

only with respect to an offense committed after the date of the

enactment of this Act (Nov. 18, 1997).''

-CITE-

10 USC Sec. 857 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 857. Art. 57. Effective date of sentences

-STATUTE-

(a)(1) Any forfeiture of pay or allowances or reduction in grade

that is included in a sentence of a court-martial takes effect on

the earlier of -

(A) the date that is 14 days after the date on which the

sentence is adjudged; or

(B) the date on which the sentence is approved by the convening

authority.

(2) On application by an accused, the convening authority may

defer a forfeiture of pay or allowances or reduction in grade that

would otherwise become effective under paragraph (1)(A) until the

date on which the sentence is approved by the convening authority.

Such a deferment may be rescinded at any time by the convening

authority.

(3) A forfeiture of pay or allowances shall be applicable to pay

and allowances accruing on and after the date on which the sentence

takes effect.

(4) In this subsection, the term ''convening authority'', with

respect to a sentence of a court-martial, means any person

authorized to act on the sentence under section 860 of this title

(article 60).

(b) Any period of confinement included in a sentence of a

court-martial begins to run from the date the sentence is adjudged

by the court-martial, but periods during which the sentence to

confinement is suspended or deferred shall be excluded in computing

the service of the term of confinement.

(c) All other sentences of courts-martial are effective on the

date ordered executed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90-632, Sec. 2(24),

Oct. 24, 1968, 82 Stat. 1341; Pub. L. 98-209, Sec. 5(f), Dec. 6,

1983, 97 Stat. 1400; Pub. L. 102-484, div. A, title X, Sec. 1064,

Oct. 23, 1992, 106 Stat. 2505; Pub. L. 104-106, div. A, title XI,

Sec. 1121(a), 1123(a)(1), (2), Feb. 10, 1996, 110 Stat. 462-464.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

857(a) 857(b) 50:638(a). May 5, 1950, ch.

50:638(b). 169, Sec. 1 (Art.

57), 64 Stat. 126.

857(c) 50:638(c).

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall''.

In subsection (b), the word ''begins'' is substituted for the

words ''shall begin''.

In subsection (c), the word ''are'' is substituted for the words

''shall become''.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1121(a), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''No forfeiture may extend to any pay or allowances

accrued before the date on which the sentence is approved by the

person acting under section 860(c) of this title (article 60(c)).''

Subsecs. (d), (e). Pub. L. 104-106, Sec. 1123(a)(1), (2),

redesignated subsecs. (d) and (e) as section 857a(a) and (b),

respectively, of this title.

1992 - Subsec. (e). Pub. L. 102-484 added subsec. (e).

1983 - Subsec. (a). Pub. L. 98-209 substituted provision that no

forfeiture may extend to any pay or allowances accrued before the

date on which the sentence is approved by the person acting under

section 860(c) of this title, for provision that whenever a

sentence of a court-martial as lawfully adjudged and approved

included a forfeiture of pay or allowances in addition to

confinement not suspended or deferred, the forfeiture could apply

to pay or allowances becoming due on or after the date the sentence

was approved by the convening authority, and that no forfeiture

could extend to any pay or allowances accrued before that date.

1968 - Subsec. (a). Pub. L. 90-632 inserted reference to deferral

of sentence of confinement.

Subsec. (b). Pub. L. 90-632 inserted reference to deferral of

sentence of confinement.

Subsec. (d). Pub. L. 90-632 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1121(b) of Pub. L. 104-106 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to a

case in which a sentence is adjudged by a court-martial on or after

the first day of the first month that begins at least 30 days after

the date of the enactment of this Act (Feb. 10, 1996).''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and

applicable with respect to offenses committed on or after that

date, see section 1067 of Pub. L. 102-484, set out as a note under

section 803 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 858b of this title.

-CITE-

10 USC Sec. 857a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 857a. Art. 57a. Deferment of sentences

-STATUTE-

(a) On application by an accused who is under sentence to

confinement that has not been ordered executed, the convening

authority or, if the accused is no longer under his jurisdiction,

the officer exercising general court-martial jurisdiction over the

command to which the accused is currently assigned, may in his sole

discretion defer service of the sentence to confinement. The

deferment shall terminate when the sentence is ordered executed.

The deferment may be rescinded at any time by the officer who

granted it or, if the accused is no longer under his jurisdiction,

by the officer exercising general court-martial jurisdiction over

the command to which the accused is currently assigned.

(b)(1) In any case in which a court-martial sentences a person

referred to in paragraph (2) to confinement, the convening

authority may defer the service of the sentence to confinement,

without the consent of that person, until after the person has been

permanently released to the armed forces by a State or foreign

country referred to in that paragraph.

(2) Paragraph (1) applies to a person subject to this chapter who

-

(A) while in the custody of a State or foreign country is

temporarily returned by that State or foreign country to the

armed forces for trial by court-martial; and

(B) after the court-martial, is returned to that State or

foreign country under the authority of a mutual agreement or

treaty, as the case may be.

(3) In this subsection, the term ''State'' includes the District

of Columbia and any commonwealth, territory, or possession of the

United States.

(c) In any case in which a court-martial sentences a person to

confinement and the sentence to confinement has been ordered

executed, but in which review of the case under section 867(a)(2)

of this title (article 67(a)(2)) is pending, the Secretary

concerned may defer further service of the sentence to confinement

while that review is pending.

-SOURCE-

(Added Pub. L. 90-632, Sec. 2(24), Oct. 24, 1968, 82 Stat. 1341,

Sec. 857(d); amended Pub. L. 102-484, div. A, title X, Sec. 1064,

Oct. 23, 1992, 106 Stat. 2505; renumbered Sec. 857a and amended

Pub. L. 104-106, div. A, title XI, Sec. 1123(a), Feb. 10, 1996,

110 Stat. 463.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 redesignated subsecs. (d) and (e) of

section 857 of this title as subsecs. (a) and (b), respectively, of

this section, added section catchline, in subsec. (b)(1),

substituted ''defer'' for ''postpone'', and added subsec. (c).

1992 - Subsec. (b), formerly Sec. 857(e). Pub. L. 102-484 added

subsec. (e). See 1996 Amendment note above.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and

applicable with respect to offenses committed on or after that

date, see section 1067 of Pub. L. 102-484, set out as a note under

section 803 of this title.

-CITE-

10 USC Sec. 858 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 858. Art. 58. Execution of confinement

-STATUTE-

(a) Under such instructions as the Secretary concerned may

prescribe, a sentence of confinement adjudged by a court-martial or

other military tribunal, whether or not the sentence includes

discharge or dismissal, and whether or not the discharge or

dismissal has been executed, may be carried into execution by

confinement in any place of confinement under the control of any of

the armed forces or in any penal or correctional institution under

the control of the United States, or which the United States may be

allowed to use. Persons so confined in a penal or correctional

institution not under the control of one of the armed forces are

subject to the same discipline and treatment as persons confined or

committed by the courts of the United States or of the State,

Territory, District of Columbia, or place in which the institution

is situated.

(b) The omission of the words ''hard labor'' from any sentence of

a court-martial adjudging confinement does not deprive the

authority executing that sentence of the power to require hard

labor as a part of the punishment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

858(a) 858(b) 50:639(a). May 5, 1950, ch.

50:639(b). 169, Sec. 1 (Art.

58), 64 Stat. 126.

-------------------------------

In subsection (a), the words ''Secretary concerned'' are

substituted for the words ''Department concerned'', since the

''Department'' as an entity, cannot issue instructions. The word

''are'' is substituted for the words ''shall be''. The words ''of

Columbia'' are inserted after ''District'' for clarity.

In subsection (b), the word ''from'' is substituted for the word

''in''. The words ''does not deprive'' are substituted for the

words ''shall not be construed as depriving''.

-CITE-

10 USC Sec. 858a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 858a. Art. 58a. Sentences: reduction in enlisted grade upon

approval

-STATUTE-

(a) Unless otherwise provided in regulations to be prescribed by

the Secretary concerned, a court-martial sentence of an enlisted

member in a pay grade above E-1, as approved by the convening

authority, that includes -

(1) a dishonorable or bad-conduct discharge;

(2) confinement; or

(3) hard labor without confinement;

reduces that member to pay grade E-1, effective on the date of that

approval.

(b) If the sentence of a member who is reduced in pay grade under

subsection (a) is set aside or disapproved, or, as finally

approved, does not include any punishment named in subsection

(a)(1), (2), or (3), the rights and privileges of which he was

deprived because of that reduction shall be restored to him and he

is entitled to the pay and allowances to which he would have been

entitled, for the period the reduction was in effect, had he not

been so reduced.

-SOURCE-

(Added Pub. L. 86-633, Sec. 1(1), July 12, 1960, 74 Stat. 468.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 707 of this title.

-CITE-

10 USC Sec. 858b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER VIII - SENTENCES

-HEAD-

Sec. 858b. Art. 58b. Sentences: forfeiture of pay and allowances

during confinement

-STATUTE-

(a)(1) A court-martial sentence described in paragraph (2) shall

result in the forfeiture of pay, or of pay and allowances, due that

member during any period of confinement or parole. The forfeiture

pursuant to this section shall take effect on the date determined

under section 857(a) of this title (article 57(a)) and may be

deferred as provided in that section. The pay and allowances

forfeited, in the case of a general court-martial, shall be all pay

and allowances due that member during such period and, in the case

of a special court-martial, shall be two-thirds of all pay due that

member during such period.

(2) A sentence covered by this section is any sentence that

includes -

(A) confinement for more than six months or death; or

(B) confinement for six months or less and a dishonorable or

bad-conduct discharge or dismissal.

(b) In a case involving an accused who has dependents, the

convening authority or other person acting under section 860 of

this title (article 60) may waive any or all of the forfeitures of

pay and allowances required by subsection (a) for a period not to

exceed six months. Any amount of pay or allowances that, except

for a waiver under this subsection, would be forfeited shall be

paid, as the convening authority or other person taking action

directs, to the dependents of the accused.

(c) If the sentence of a member who forfeits pay and allowances

under subsection (a) is set aside or disapproved or, as finally

approved, does not provide for a punishment referred to in

subsection (a)(2), the member shall be paid the pay and allowances

which the member would have been paid, except for the forfeiture,

for the period during which the forfeiture was in effect.

-SOURCE-

(Added Pub. L. 104-106, div. A, title XI, Sec. 1122(a)(1), Feb.

10, 1996, 110 Stat. 463; amended Pub. L. 104-201, div. A, title X,

Sec. 1068(a)(1), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105-85,

div. A, title X, Sec. 1073(a)(9), Nov. 18, 1997, 111 Stat. 1900.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-85 substituted ''forfeiture of

pay, or of pay and allowances, due that member'' for ''forfeiture

of pay and (if adjudged by a general court-martial) allowances due

that member'' in first sentence.

1996 - Subsec. (a)(1). Pub. L. 104-201, Sec. 1068(a)(1)(B),

substituted ''two-thirds of all pay'' for ''two-thirds of all pay

and allowances'' in third sentence.

Pub. L. 104-201, Sec. 1068(a)(1)(A), which directed amendment of

first sentence by inserting ''(if adjudged by a general

court-martial)'' after ''all pay and'', was executed by making the

insertion after ''of pay and'' in first sentence to reflect the

probable intent of Congress.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1068(a)(2) of Pub. L. 104-201 provided that: ''The

amendments made by paragraph (1) (amending this section) shall take

effect as of April 1, 1996, and shall apply to any case in which a

sentence is adjudged by a court-martial on or after that date.''

EFFECTIVE DATE

Section 1122(b) of Pub. L. 104-106 provided that: ''The section

(article) added by the amendment made by subsection (a)(1) (this

section) shall apply to a case in which a sentence is adjudged by a

court-martial on or after the first day of the first month that

begins at least 30 days after the date of the enactment of this Act

(Feb. 10, 1996).''

-CITE-

10 USC SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF

COURTS-MARTIAL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

.

-HEAD-

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

859. 59. Error of law; lesser

included offense.

860. 60. Action by the

convening

authority.

861. 61. Waiver or withdrawal

of appeal.

862. 62. Appeal by the United

States.

863. 63. Rehearings.

864. 64. Review by a judge

advocate.

865. 65. Disposition of

records.

866. 66. Review by Court of

Criminal Appeals.

867. 67. Review by the Court

of Appeals for the

Armed Forces.

867a. 67a. Review by the

Supreme Court.

868. 68. Branch offices.

869. 69. Review in the office

of the Judge

Advocate General.

870. 70. Appellate counsel.

871. 71. Execution of

sentence;

suspension of

sentence.

872. 72. Vacation of

suspension.

873. 73. Petition for a new

trial.

874. 74. Remission and

suspension.

875. 75. Restoration.

876. 76. Finality of

proceedings,

findings, and

sentences.

876a. 76a. Leave required to be

taken pending

review of certain

court-martial

convictions.

876b. 76b. Lack of mental

capacity or mental

responsibility:

commitment of

accused for

examination and

treatment.

-------------------------------

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title XI, Sec. 1133(a)(2), Feb.

10, 1996, 110 Stat. 466, added item 876b.

1994 - Pub. L. 103-337, div. A, title IX, Sec. 924(c)(4)(C),

Oct. 5, 1994, 108 Stat. 2832, substituted ''Court of Criminal

Appeals'' for ''Court of Military Review'' in item 866 and ''Court

of Appeals for the Armed Forces'' for ''Court of Military Appeals''

in item 867.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(i)(1), Nov.

5, 1990, 104 Stat. 1718, added item 867a.

1983 - Pub. L. 98-209, Sec. 5(a)(2), (b)(2), (c)(2), (h)(2),

6(d)(2), 7(a)(2), Dec. 6, 1983, 97 Stat. 1397, 1398, 1400-1402,

substituted ''Post-trial Procedure and Review of Courts-Martial''

for ''Review of Courts-Martial'' as subchapter heading, ''Action by

the convening authority'' for ''Initial action on the record'' in

item 860, ''Waiver or withdrawal of appeal'' for ''Same - General

court-martial records'' in item 861, ''Appeal by the United

States'' for ''Reconsideration and revision'' in item 862, ''Review

by a judge advocate'' for ''Approval by the convening authority''

in item 864, and ''Disposition of records'' for ''Disposition of

records after review by the convening authority'' in item 865.

1981 - Pub. L. 97-81, Sec. 2(c)(2), Nov. 20, 1981, 95 Stat. 1087,

added item 876a.

1968 - Pub. L. 90-632, Sec. 2(25), Oct. 24, 1968, 82 Stat. 1341,

substituted ''Court of Military Review'' for ''board of review'' in

item 866 (article 66).

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 856a of this title.

-CITE-

10 USC Sec. 859 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 859. Art. 59. Error of law; lesser included offense

-STATUTE-

(a) A finding or sentence of a court-martial may not be held

incorrect on the ground of an error of law unless the error

materially prejudices the substantial rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a

finding of guilty may approve or affirm, instead, so much of the

finding as includes a lesser included offense.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

859(a) 859(b) 50:646(a). May 5, 1950, ch.

50:646(b). 169, Sec. 1 (Art.

59), 64 Stat. 127.

-------------------------------

The word ''may'' is substituted for the word ''shall''.

-CITE-

10 USC Sec. 860 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 860. Art. 60. Action by the convening authority

-STATUTE-

(a) The findings and sentence of a court-martial shall be

reported promptly to the convening authority after the announcement

of the sentence.

(b)(1) The accused may submit to the convening authority matters

for consideration by the convening authority with respect to the

findings and the sentence. Any such submission shall be in

writing. Except in a summary court-martial case, such a submission

shall be made within 10 days after the accused has been given an

authenticated record of trial and, if applicable, the

recommendation of the staff judge advocate or legal officer under

subsection (d). In a summary court-martial case, such a submission

shall be made within seven days after the sentence is announced.

(2) If the accused shows that additional time is required for the

accused to submit such matters, the convening authority or other

person taking action under this section, for good cause, may extend

the applicable period under paragraph (1) for not more than an

additional 20 days.

(3) In a summary court-martial case, the accused shall be

promptly provided a copy of the record of trial for use in

preparing a submission authorized by paragraph (1).

(4) The accused may waive his right to make a submission to the

convening authority under paragraph (1). Such a waiver must be made

in writing and may not be revoked. For the purposes of subsection

(c)(2), the time within which the accused may make a submission

under this subsection shall be deemed to have expired upon the

submission of such a waiver to the convening authority.

(c)(1) The authority under this section to modify the findings

and sentence of a court-martial is a matter of command prerogative

involving the sole discretion of the convening authority. Under

regulations of the Secretary concerned, a commissioned officer

commanding for the time being, a successor in command, or any

person exercising general court-martial jurisdiction may act under

this section in place of the convening authority.

(2) Action on the sentence of a court-martial shall be taken by

the convening authority or by another person authorized to act

under this section. Subject to regulations of the Secretary

concerned, such action may be taken only after consideration of any

matters submitted by the accused under subsection (b) or after the

time for submitting such matters expires, whichever is earlier.

The convening authority or other person taking such action, in his

sole discretion, may approve, disapprove, commute, or suspend the

sentence in whole or in part.

(3) Action on the findings of a court-martial by the convening

authority or other person acting on the sentence is not required.

However, such person, in his sole discretion, may -

(A) dismiss any charge or specification by setting aside a

finding of guilty thereto; or

(B) change a finding of guilty to a charge or specification to

a finding of guilty to an offense that is a lesser included

offense of the offense stated in the charge or specification.

(d) Before acting under this section on any general court-martial

case or any special court-martial case that includes a bad-conduct

discharge, the convening authority or other person taking action

under this section shall obtain and consider the written

recommendation of his staff judge advocate or legal officer. The

convening authority or other person taking action under this

section shall refer the record of trial to his staff judge advocate

or legal officer, and the staff judge advocate or legal officer

shall use such record in the preparation of his recommendation.

The recommendation of the staff judge advocate or legal officer

shall include such matters as the President may prescribe by

regulation and shall be served on the accused, who may submit any

matter in response under subsection (b). Failure to object in the

response to the recommendation or to any matter attached to the

recommendation waives the right to object thereto.

(e)(1) The convening authority or other person taking action

under this section, in his sole discretion, may order a proceeding

in revision or a rehearing.

(2) A proceeding in revision may be ordered if there is an

apparent error or omission in the record or if the record shows

improper or inconsistent action by a court-martial with respect to

the findings or sentence that can be rectified without material

prejudice to the substantial rights of the accused. In no case,

however, may a proceeding in revision -

(A) reconsider a finding of not guilty of any specification or

a ruling which amounts to a finding of not guilty;

(B) reconsider a finding of not guilty of any charge, unless

there has been a finding of guilty under a specification laid

under that charge, which sufficiently alleges a violation of some

article of this chapter; or

(C) increase the severity of the sentence unless the sentence

prescribed for the offense is mandatory.

(3) A rehearing may be ordered by the convening authority or

other person taking action under this section if he disapproves the

findings and sentence and states the reasons for disapproval of the

findings. If such person disapproves the findings and sentence and

does not order a rehearing, he shall dismiss the charges. A

rehearing as to the findings may not be ordered where there is a

lack of sufficient evidence in the record to support the findings.

A rehearing as to the sentence may be ordered if the convening

authority or other person taking action under this subsection

disapproves the sentence.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 98-209, Sec.

5(a)(1), Dec. 6, 1983, 97 Stat. 1395; Pub. L. 99-661, div. A,

title VIII, Sec. 806(a)-(c), Nov. 14, 1986, 100 Stat. 3908, 3909;

Pub. L. 104-106, div. A, title XI, Sec. 1132, Feb. 10, 1996, 110

Stat. 464.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

860 50:647. May 5, 1950, ch.

169, Sec. 1 (Art.

60), 64 Stat. 127.

-------------------------------

The word ''a'' is substituted for the word ''every''. The word

''by'' before the words ''any officer'' is omitted as surplusage.

The word ''person'' is substituted for the word ''officer'' before

the words ''who convened'', since, under sections 823 and 824 of

this title (articles 23 and 24), noncommissioned officers who are

''officers in charge'' may convene special and summary

courts-martial.

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-106 inserted after first

sentence ''Any such submission shall be in writing.''

1986 - Subsec. (b)(1). Pub. L. 99-661, Sec. 806(a)(3), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Within 30 days after the sentence of a general court-martial or

of a special court-martial which has adjudged a bad-conduct

discharge has been announced, the accused may submit to the

convening authority matters for consideration by the convening

authority with respect to the findings and the sentence. In the

case of all other special courts-martial, the accused may make such

a submission to the convening authority within 20 days after the

sentence is announced. In the case of all summary courts-martial

the accused may make such a submission to the convening authority

within seven days after the sentence is announced. If the accused

shows that additional time is required for the accused to submit

such matters, the convening authority or other person taking action

under this section, for good cause, may extend the period -

''(A) in the case of a general court-martial or a special

court-martial which has adjudged a bad-conduct discharge, for not

more than an additional 20 days; and

''(B) in the case of all other courts-martial, for not more

than an additional 10 days.''

Subsec. (b)(2). Pub. L. 99-661, Sec. 806(a)(2), (3), added par.

(2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 99-661, Sec. 806(a)(1), (2), redesignated

par. (2) as (3), inserted a comma after ''case'', and struck out

former par. (3) which read as follows: ''In no event shall the

accused in any general or special court-martial case have less than

a seven-day period after the day on which a copy of the

authenticated record of trial has been given to him within which to

make a submission under paragraph (1). The convening authority or

other person taking action on the case, for good cause, may extend

this period for up to an additional 10 days.''

Subsec. (c)(2). Pub. L. 99-661, Sec. 806(b), struck out ''and, if

applicable, under subsection (d),'' after ''under subsection (b)''.

Subsec. (d). Pub. L. 99-661, Sec. 806(c), substituted ''who may

submit any matter in response under subsection (b)'' for ''who

shall have five days from the date of receipt in which to submit

any matter in response. The convening authority or other person

taking action under this section, for good cause, may extend that

period for up to an additional 20 days.''

1983 - Pub. L. 98-209 amended section generally, substituting

''Action by the convening authority'' for ''Initial action on the

record'' as section catchline, and, in text, substituting new

provision for provision that after a trial by court-martial the

record had to be forwarded to the convening authority, and action

thereon could be taken by the person who convened the court, a

commissioned officer commanding for the time being, a successor in

command, or any officer exercising general court-martial

jurisdiction.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 806(c) ((d)) of title VIII of Pub. L. 99-661 provided

that: ''The amendments made by this section (amending this section)

shall apply in cases in which the sentence is adjudged on or after

the effective date of this title.''

Title VIII of Pub. L. 99-661 effective the earlier of (1) the

last day of the 120-day period beginning on Nov. 14, 1986; or (2)

the date specified in an Executive order for such amendment to take

effect, see section 808 of Pub. L. 99-661, set out as a note under

section 802 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 838, 856a, 857, 858b,

861, 864, 869, 871, 876a, 1059, 1408 of this title.

-CITE-

10 USC Sec. 861 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 861. Art. 61. Waiver or withdrawal of appeal

-STATUTE-

(a) In each case subject to appellate review under section 866 or

869(a) of this title (article 66 or 69(a)), except a case in which

the sentence as approved under section 860(c) of this title

(article 60(c)) includes death, the accused may file with the

convening authority a statement expressly waiving the right of the

accused to such review. Such a waiver shall be signed by both the

accused and by defense counsel and must be filed within 10 days

after the action under section 860(c) of this title (article 60(c))

is served on the accused or on defense counsel. The convening

authority or other person taking such action, for good cause, may

extend the period for such filing by not more than 30 days.

(b) Except in a case in which the sentence as approved under

section 860(c) of this title (article 60(c)) includes death, the

accused may withdraw an appeal at any time.

(c) A waiver of the right to appellate review or the withdrawal

of an appeal under this section bars review under section 866 or

869(a) of this title (article 66 or 69(a)).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec.

5(b)(1), Dec. 6, 1983, 97 Stat. 1397.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

861 50:648. May 5, 1950, ch.

169, Sec. 1 (Art.

61), 64 Stat. 127.

-------------------------------

The word ''each'' is substituted for the word ''every''.

AMENDMENTS

1983 - Pub. L. 98-209 amended section generally, substituting

''Waiver or withdrawal of appeal'' for ''Same - General

court-martial records'' as section catchline, and, in text,

substituting provisions relating to waiver or withdrawal of appeal

for provisions relating to initial action by the convening

authority on general court-martial records.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 865, 866, 869, 871 of

this title.

-CITE-

10 USC Sec. 862 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 862. Art. 62. Appeal by the United States

-STATUTE-

(a)(1) In a trial by court-martial in which a military judge

presides and in which a punitive discharge may be adjudged, the

United States may appeal the following (other than an order or

ruling that is, or that amounts to, a finding of not guilty with

respect to the charge or specification):

(A) An order or ruling of the military judge which terminates

the proceedings with respect to a charge or specification.

(B) An order or ruling which excludes evidence that is

substantial proof of a fact material in the proceeding.

(C) An order or ruling which directs the disclosure of

classified information.

(D) An order or ruling which imposes sanctions for

nondisclosure of classified information.

(E) A refusal of the military judge to issue a protective order

sought by the United States to prevent the disclosure of

classified information.

(F) A refusal by the military judge to enforce an order

described in subparagraph (E) that has previously been issued by

appropriate authority.

(2) An appeal of an order or ruling may not be taken unless the

trial counsel provides the military judge with written notice of

appeal from the order or ruling within 72 hours of the order or

ruling. Such notice shall include a certification by the trial

counsel that the appeal is not taken for the purpose of delay and

(if the order or ruling appealed is one which excludes evidence)

that the evidence excluded is substantial proof of a fact material

in the proceeding.

(3) An appeal under this section shall be diligently prosecuted

by appellate Government counsel.

(b) An appeal under this section shall be forwarded by a means

prescribed under regulations of the President directly to the Court

of Criminal Appeals and shall, whenever practicable, have priority

over all other proceedings before that court. In ruling on an

appeal under this section, the Court of Criminal Appeals may act

only with respect to matters of law, notwithstanding section 866(c)

of this title (article 66(c)).

(c) Any period of delay resulting from an appeal under this

section shall be excluded in deciding any issue regarding denial of

a speedy trial unless an appropriate authority determines that the

appeal was filed solely for the purpose of delay with the knowledge

that it was totally frivolous and without merit.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec.

5(c)(1), Dec. 6, 1983, 97 Stat. 1398; Pub. L. 103-337, div. A,

title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831; Pub. L.

104-106, div. A, title XI, Sec. 1141(a), Feb. 10, 1996, 110 Stat.

466.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

862(a) 862(b) 50:649(a). May 5, 1950, ch.

50:649(b). 169, Sec. 1 (Art.

62), 64 Stat. 127.

-------------------------------

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-106 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''In a

trial by court-martial in which a military judge presides and in

which a punitive discharge may be adjudged, the United States may

appeal an order or ruling of the military judge which terminates

the proceedings with respect to a charge or specification or which

excludes evidence that is substantial proof of a fact material in

the proceeding. However, the United States may not appeal an order

or ruling that is, or that amounts to, a finding of not guilty with

respect to the charge or specification.''

1994 - Subsec. (b). Pub. L. 103-337 substituted ''Court of

Criminal Appeals'' for ''Court of Military Review'' in two places.

1983 - Pub. L. 98-209 amended section generally, substituting

''Appeal by the United States'' for ''Reconsideration and

revision'' as section catchline, and, in text, substituting

provisions relating to appeals by the United States for provisions

relating to the convening authority returning the record to the

court for reconsideration and appropriate action.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

-CITE-

10 USC Sec. 863 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 863. Art. 63. Rehearings

-STATUTE-

Each rehearing under this chapter shall take place before a

court-martial composed of members not members of the court-martial

which first heard the case. Upon a rehearing the accused may not

be tried for any offense of which he was found not guilty by the

first court-martial, and no sentence in excess of or more severe

than the original sentence may be approved, unless the sentence is

based upon a finding of guilty of an offense not considered upon

the merits in the original proceedings, or unless the sentence

prescribed for the offense is mandatory. If the sentence approved

after the first court-martial was in accordance with a pretrial

agreement and the accused at the rehearing changes his plea with

respect to the charges or specifications upon which the pretrial

agreement was based, or otherwise does not comply with the pretrial

agreement, the approved sentence as to those charges or

specifications may include any punishment not in excess of that

lawfully adjudged at the first court-martial.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec. 5(d),

Dec. 6, 1983, 97 Stat. 1398; Pub. L. 102-484, div. A, title X,

Sec. 1065, Oct. 23, 1992, 106 Stat. 2506.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

863(a) 863(b) 50:650(a). May 5, 1950, ch.

50:650(b). 169, Sec. 1 (Art.

63), 64 Stat. 127.

-------------------------------

In subsection (a), the words ''In such a'' are substituted for

the words ''in which''.

In subsection (b), the word ''Each'' is substituted for the word

''Every''. The word ''may'' is substituted for the word ''shall''

in the second sentence.

AMENDMENTS

1992 - Pub. L. 102-484 substituted ''approved'' for ''imposed''

in second sentence and inserted ''approved'' before last reference

to ''sentence'' in third sentence.

1983 - Pub. L. 98-209 struck out subsec. (a) which provided that

if the convening authority disapproved the findings and sentence of

a court-martial he could, except where there was lack of sufficient

evidence in the record to support the findings, order a rehearing,

stating the reasons for disapproval, and that if he disapproved the

findings without reordering a rehearing, he had to dismiss the

charges, and redesignated former subsec. (b) as entire section,

and, as so redesignated, inserted ''under this chapter'' after

''Each rehearing'', and inserted provision that if the sentence

approved after the first court-martial was in accordance with a

pretrial agreement and the accused at the rehearing changes his

plea with respect to the charges or specifications upon which the

pretrial agreement was based, or otherwise does not comply with the

pretrial agreement, the sentence as to those charges or

specifications may include any punishment not in excess of that

lawfully adjudged at the first court-martial.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and

applicable with respect to offenses committed on or after that

date, see section 1067 of Pub. L. 102-484, set out as a note under

section 803 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

-CITE-

10 USC Sec. 864 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 864. Art. 64. Review by a judge advocate

-STATUTE-

(a) Each case in which there has been a finding of guilty that is

not reviewed under section 866 or 869(a) of this title (article 66

or 69(a)) shall be reviewed by a judge advocate under regulations

of the Secretary concerned. A judge advocate may not review a case

under this subsection if he has acted in the same case as an

accuser, investigating officer, member of the court, military

judge, or counsel or has otherwise acted on behalf of the

prosecution or defense. The judge advocate's review shall be in

writing and shall contain the following:

(1) Conclusions as to whether -

(A) the court had jurisdiction over the accused and the

offense;

(B) the charge and specification stated an offense; and

(C) the sentence was within the limits prescribed as a matter

of law.

(2) A response to each allegation of error made in writing by

the accused.

(3) If the case is sent for action under subsection (b), a

recommendation as to the appropriate action to be taken and an

opinion as to whether corrective action is required as a matter

of law.

(b) The record of trial and related documents in each case

reviewed under subsection (a) shall be sent for action to the

person exercising general court-martial jurisdiction over the

accused at the time the court was convened (or to that person's

successor in command) if -

(1) the judge advocate who reviewed the case recommends

corrective action;

(2) the sentence approved under section 860(c) of this title

(article 60(c)) extends to dismissal, a bad-conduct or

dishonorable discharge, or confinement for more than six months;

or

(3) such action is otherwise required by regulations of the

Secretary concerned.

(c)(1) The person to whom the record of trial and related

documents are sent under subsection (b) may -

(A) disapprove or approve the findings or sentence, in whole or

in part;

(B) remit, commute, or suspend the sentence in whole or in

part;

(C) except where the evidence was insufficient at the trial to

support the findings, order a rehearing on the findings, on the

sentence, or on both; or

(D) dismiss the charges.

(2) If a rehearing is ordered but the convening authority finds a

rehearing impracticable, he shall dismiss the charges.

(3) If the opinion of the judge advocate in the judge advocate's

review under subsection (a) is that corrective action is required

as a matter of law and if the person required to take action under

subsection (b) does not take action that is at least as favorable

to the accused as that recommended by the judge advocate, the

record of trial and action thereon shall be sent to the Judge

Advocate General for review under section 869(b) of this title

(article 69(b)).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec.

7(a)(1), Dec. 6, 1983, 97 Stat. 1401.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

864 50:651. May 5, 1950, ch.

169, Sec. 1 (Art.

64), 64 Stat. 128.

-------------------------------

The word ''may'' is substituted for the word ''shall''. The word

''is'' is substituted for the words ''shall constitute''.

AMENDMENTS

1983 - Pub. L. 98-209 amended section generally, substituting

''Review by a judge advocate'' for ''Approval by the convening

authority'' in section catchline, and, in text, substituting

provisions relating to review by a judge advocate for provision

that in acting on the findings and sentence of a court-martial, the

convening authority could approve only such findings of guilty, and

the sentence or such part or amount of the sentence, as he found

correct in law and fact and as he in his discretion determined

should be approved, and that unless he indicated otherwise,

approval of the sentence was approval of the findings and sentence.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 871 of this title.

-CITE-

10 USC Sec. 865 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 865. Art. 65. Disposition of records

-STATUTE-

(a) In a case subject to appellate review under section 866 or

869(a) of this title (article 66 or 69(a)) in which the right to

such review is not waived, or an appeal is not withdrawn, under

section 861 of this title (article 61), the record of trial and

action thereon shall be transmitted to the Judge Advocate General

for appropriate action.

(b) Except as otherwise required by this chapter, all other

records of trial and related documents shall be transmitted and

disposed of as the Secretary concerned may prescribe by regulation.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90-179, Sec. 1(6),

Dec. 8, 1967, 81 Stat. 546; Pub. L. 90-632, Sec. 2(26), Oct. 24,

1968, 82 Stat. 1341; Pub. L. 96-513, title V, Sec. 511(25), Dec.

12, 1980, 94 Stat. 2922; Pub. L. 98-209, Sec. 6(d)(1), Dec. 6,

1983, 97 Stat. 1401.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

865(a) 865(b) 50:652(a). May 5, 1950, ch.

50:652(b). 169, Sec. 1 (Art.

65), 64 Stat. 128.

865(c) 50:652(c).

-------------------------------

In subsection (b), the word ''If'' is substituted for the word

''Where''.

In subsections (a) and (b), the words ''send'' and ''sent'' are

substituted for the words ''forward'' and ''forwarded'',

respectively.

In subsection (c), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

AMENDMENTS

1983 - Pub. L. 98-209 amended section generally, substituting

''Disposition of records'' for ''Disposition of records after

review by the convening authority'' in section catchline, and, in

text, substituting provisions relating to disposition of records

for prior provisions relating to disposition of records that

required when the convening authority had taken final action in a

general court-martial case, he had to send the entire record,

including his action thereon and the opinion or opinions of the

staff judge advocate or legal officer, to the appropriate Judge

Advocate General, required that where sentences of special

courts-martial included a bad-conduct discharge, the record had to

be sent for review either to the officer exercising general

court-martial jurisdiction over the command to be reviewed or

directly to the appropriate Judge Advocate General to be reviewed

by a Court of Military Review, and required that all other special

and summary court-martial records had to be reviewed by a judge

advocate of the Army, Navy, Air Force, or Marine Corps, or a law

specialist or lawyer of the Coast Guard or Department of

Transportation, and had to be transmitted and disposed of as the

Secretary concerned might prescribe by regulation.

1980 - Subsec. (c). Pub. L. 96-513 substituted ''Department of

Transportation'' for ''Department of the Treasury''.

1968 - Subsec. (b). Pub. L. 90-632 substituted ''Court of

Military Review'' for ''board of review'' wherever appearing.

1967 - Subsec. (c). Pub. L. 90-179 inserted reference to judge

advocate of the Marine Corps and substituted reference to judge

advocate of the Navy for reference to law specialist of the Navy.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 866 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 866. Art. 66. Review by Court of Criminal Appeals

-STATUTE-

(a) Each Judge Advocate General shall establish a Court of

Criminal Appeals which shall be composed of one or more panels, and

each such panel shall be composed of not less than three appellate

military judges. For the purpose of reviewing court-martial cases,

the court may sit in panels or as a whole in accordance with rules

prescribed under subsection (f). Any decision of a panel may be

reconsidered by the court sitting as a whole in accordance with

such rules. Appellate military judges who are assigned to a Court

of Criminal Appeals may be commissioned officers or civilians, each

of whom must be a member of a bar of a Federal court or of the

highest court of a State. The Judge Advocate General shall

designate as chief judge one of the appellate military judges of

the Court of Criminal Appeals established by him. The chief judge

shall determine on which panels of the court the appellate judges

assigned to the court will serve and which military judge assigned

to the court will act as the senior judge on each panel.

(b) The Judge Advocate General shall refer to a Court of Criminal

Appeals the record in each case of trial by court-martial -

(1) in which the sentence, as approved, extends to death,

dismissal of a commissioned officer, cadet, or midshipman,

dishonorable or bad-conduct discharge, or confinement for one

year or more; and

(2) except in the case of a sentence extending to death, the

right to appellate review has not been waived or an appeal has

not been withdrawn under section 861 of this title (article 61).

(c) In a case referred to it, the Court of Criminal Appeals may

act only with respect to the findings and sentence as approved by

the convening authority. It may affirm only such findings of

guilty, and the sentence or such part or amount of the sentence, as

it finds correct in law and fact and determines, on the basis of

the entire record, should be approved. In considering the record,

it may weigh the evidence, judge the credibility of witnesses, and

determine controverted questions of fact, recognizing that the

trial court saw and heard the witnesses.

(d) If the Court of Criminal Appeals sets aside the findings and

sentence, it may, except where the setting aside is based on lack

of sufficient evidence in the record to support the findings, order

a rehearing. If it sets aside the findings and sentence and does

not order a rehearing, it shall order that the charges be

dismissed.

(e) The Judge Advocate General shall, unless there is to be

further action by the President, the Secretary concerned, the Court

of Appeals for the Armed Forces, or the Supreme Court, instruct the

convening authority to take action in accordance with the decision

of the Court of Criminal Appeals. If the Court of Criminal Appeals

has ordered a rehearing but the convening authority finds a

rehearing impracticable, he may dismiss the charges.

(f) The Judge Advocates General shall prescribe uniform rules of

procedure for Courts of Criminal Appeals and shall meet

periodically to formulate policies and procedure in regard to

review of court-martial cases in the offices of the Judge Advocates

General and by Courts of Criminal Appeals.

(g) No member of a Court of Criminal Appeals shall be required,

or on his own initiative be permitted, to prepare, approve,

disapprove, review, or submit, with respect to any other member of

the same or another Court of Criminal Appeals, an effectiveness,

fitness, or efficiency report, or any other report or document used

in whole or in part for the purpose of determining whether a member

of the armed forces is qualified to be advanced in grade, or in

determining the assignment or transfer of a member of the armed

forces, or in determining whether a member of the armed forces

should be retained on active duty.

(h) No member of a Court of Criminal Appeals shall be eligible to

review the record of any trial if such member served as

investigating officer in the case or served as a member of the

court-martial before which such trial was conducted, or served as

military judge, trial or defense counsel, or reviewing officer of

such trial.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90-632, Sec. 2(27),

Oct. 24, 1968, 82 Stat. 1341; Pub. L. 98-209, Sec. 7(b), (c),

10(c)(1), Dec. 6, 1983, 97 Stat. 1402, 1406; Pub. L. 103-337, div.

A, title IX, Sec. 924(b)(2), (c)(1), (4)(A), Oct. 5, 1994, 108

Stat. 2831, 2832; Pub. L. 104-106, div. A, title XI, Sec. 1153,

Feb. 10, 1996, 110 Stat. 468.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

866(a) 866(b) 50:653(a). May 5, 1950, ch.

50:653(b). 169, Sec. 1 (Art.

66), 64 Stat. 128.

866(c) 50:653(c).

866(d) 50:653(d).

866(e) 50:653(e).

866(f) 50:653(f).

-------------------------------

In subsection (a), the word ''Each'' is substituted for the words

''The * * * of each of the armed forces''. The word ''must'' is

substituted for the word ''shall'' after the word ''whom'', since a

condition is prescribed, not a command. The words ''of the United

States'' are omitted as surplusage.

In subsections (a) and (b), the word ''commissioned'' is inserted

before the word ''officer''.

In subsection (c), the word ''may'' is substituted for the word

''shall'' and for the words ''shall have authority to''.

In subsection (e), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

In subsection (f), the words ''of the armed forces'' and

''proceedings in and before'' are omitted as surplusage.

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-106 substituted ''Courts of

Criminal Appeals'' for ''Courts of Military Review'' in two places.

1994 - Pub. L. 103-337, Sec. 924(c)(4)(A), substituted ''Court of

Criminal Appeals'' for ''Court of Military Review'' in section

catchline.

Pub. L. 103-337, Sec. 924(b)(2), substituted ''Court of Criminal

Appeals'' for ''Court of Military Review'' wherever appearing.

Pub. L. 103-337, Sec. 924(c)(1), substituted ''Court of Appeals

for the Armed Forces'' for ''Court of Military Appeals'' in subsec.

(e).

1983 - Subsec. (a). Pub. L. 98-209, Sec. 7(b), inserted provision

that any decision of a panel may be reconsidered by the court

sitting as a whole in accordance with the rules.

Subsec. (b). Pub. L. 98-209, Sec. 7(c), amended subsec. (b)

generally, designating existing provisions as par. (1), struck out

provision extending applicability of provisions to sentences

affecting a general or flag officer, and added par. (2).

Subsec. (e). Pub. L. 98-209, Sec. 10(c)(1), substituted ''the

Court of Military Appeals, or the Supreme Court'' for ''or the

Court of Military Appeals''.

1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(27)(A), (B),

substituted ''Court of Military Review'' for ''board of review'' in

section catchline and, in subsec. (a), substituted ''Court of

Military Review'' for ''board of review'' as name of reviewing body

established by each Judge Advocate General, and inserted provisions

setting out procedures for such Courts of Military Review, their

composition and functions.

Subsecs. (b) to (e). Pub. L. 90-632, Sec. 2(27)(C), substituted

''Court of Military Review'' for ''board of review'' wherever

appearing.

Subsec. (f). Pub. L. 90-632, Sec. 2(27)(D), substituted ''Courts

of Military Review'' for ''boards of review'' in two places.

Subsecs. (g), (h). Pub. L. 90-632, Sec. 2(27)(E), added subsecs.

(g) and (h).

-CHANGE-

CHANGE OF NAME

Section 924(b)(1) of Pub. L. 103-337 provided that: ''Each Court

of Military Review shall hereafter be known and designated as a

Court of Criminal Appeals.''

-MISC4-

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but amendments by

section 7(b), (c) of Pub. L. 98-209 not to apply to any case in

which the findings and sentence were adjudged by a court-martial

before that date, and the proceedings in any such case to be held

in the same manner and with the same effect as if such amendments

had not been enacted, see section 12(a)(1), (4) of Pub. L. 98-209,

set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

STATUTORY REFERENCES TO BOARD OF REVIEW DEEMED REFERENCES TO COURT

OF MILITARY REVIEW

Section 3(b) of Pub. L. 90-632 provided that: ''Whenever the term

board of review is used, with reference to or in connection with

the appellate review of courts-martial cases, in any provision of

Federal law (other than provisions amended by this Act) (see Short

Title of 1968 Amendment note under section 801 of this title) or in

any regulation, document, or record of the United States, such term

shall be deemed to mean Court of Military Review (now Court of

Criminal Appeals).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 707, 861, 862, 864, 865,

869 of this title.

-CITE-

10 USC Sec. 867 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 867. Art. 67. Review by the Court of Appeals for the Armed

Forces

-STATUTE-

(a) The Court of Appeals for the Armed Forces shall review the

record in -

(1) all cases in which the sentence, as affirmed by a Court of

Criminal Appeals, extends to death;

(2) all cases reviewed by a Court of Criminal Appeals which the

Judge Advocate General orders sent to the Court of Appeals for

the Armed Forces for review; and

(3) all cases reviewed by a Court of Criminal Appeals in which,

upon petition of the accused and on good cause shown, the Court

of Appeals for the Armed Forces has granted a review.

(b) The accused may petition the Court of Appeals for the Armed

Forces for review of a decision of a Court of Criminal Appeals

within 60 days from the earlier of -

(1) the date on which the accused is notified of the decision

of the Court of Criminal Appeals; or

(2) the date on which a copy of the decision of the Court of

Criminal Appeals, after being served on appellate counsel of

record for the accused (if any), is deposited in the United

States mails for delivery by first-class certified mail to the

accused at an address provided by the accused or, if no such

address has been provided by the accused, at the latest address

listed for the accused in his official service record.

The Court of Appeals for the Armed Forces shall act upon such a

petition promptly in accordance with the rules of the court.

(c) In any case reviewed by it, the Court of Appeals for the

Armed Forces may act only with respect to the findings and sentence

as approved by the convening authority and as affirmed or set aside

as incorrect in law by the Court of Criminal Appeals. In a case

which the Judge Advocate General orders sent to the Court of

Appeals for the Armed Forces, that action need be taken only with

respect to the issues raised by him. In a case reviewed upon

petition of the accused, that action need be taken only with

respect to issues specified in the grant of review. The Court of

Appeals for the Armed Forces shall take action only with respect to

matters of law.

(d) If the Court of Appeals for the Armed Forces sets aside the

findings and sentence, it may, except where the setting aside is

based on lack of sufficient evidence in the record to support the

findings, order a rehearing. If it sets aside the findings and

sentence and does not order a rehearing, it shall order that the

charges be dismissed.

(e) After it has acted on a case, the Court of Appeals for the

Armed Forces may direct the Judge Advocate General to return the

record to the Court of Criminal Appeals for further review in

accordance with the decision of the court. Otherwise, unless there

is to be further action by the President or the Secretary

concerned, the Judge Advocate General shall instruct the convening

authority to take action in accordance with that decision. If the

court has ordered a rehearing, but the convening authority finds a

rehearing impracticable, he may dismiss the charges.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 60; Pub. L. 88-426, title IV,

Sec. 403(j), Aug. 14, 1964, 78 Stat. 434; Pub. L. 90-340, Sec. 1,

June 15, 1968, 82 Stat. 178; Pub. L. 90-632, Sec. 2(28), Oct. 24,

1968, 82 Stat. 1342; Pub. L. 96-579, Sec. 12(a), Dec. 23, 1980, 94

Stat. 3369; Pub. L. 97-81, Sec. 5, Nov. 20, 1981, 95 Stat. 1088;

Pub. L. 97-295, Sec. 1(12), Oct. 12, 1982, 96 Stat. 1289; Pub. L.

98-209, Sec. 7(d), 9(a), 10(c)(2), 13(d), Dec. 6, 1983, 97 Stat.

1402, 1404, 1406, 1408; Pub. L. 100-26, Sec. 7(a)(2), Apr. 21,

1987, 101 Stat. 275; Pub. L. 100-456, div. A, title VII, Sec.

722(a), (c), Sept. 29, 1988, 102 Stat. 2002, 2003; Pub. L. 101-189,

div. A, title XIII, Sec. 1301(a), Nov. 29, 1989, 103 Stat. 1569;

Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), (2), (4)(B),

Oct. 5, 1994, 108 Stat. 2831, 2832.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

867(a) 867(b) 867(c) 50:654(a). May 5, 1950, ch.

867(d) 50:654(b). 169, Sec. 1 (Art.

50:654(c). 67), 64 Stat. 129;

50:654(d). Mar. 2, 1955, ch.

9, Sec. 1(i), 69

Stat. 10.

867(e) 50:654(e).

867(f) 50:654(f).

867(g) 50:654(g).

-------------------------------

In subsection (a)(1), the word ''is'' is substituted for the

words ''is hereby established''. The words ''all'' and ''which

shall be'' are omitted as surplusage. The word ''consists'' is

substituted for the words ''shall consist''. The word ''civil'' is

substituted for the word ''civilian''. The word ''may'' is

substituted for the word ''shall'' before the words ''be

appointed''. The word ''is'' is substituted for the word ''shall''

before the words ''any person''. The words ''is entitled to'' are

substituted for the words ''shall receive''. The word ''is'' is

substituted for the words ''shall be'' in the fourth sentence. The

word ''may'' is substituted for the words ''shall have power to * *

* to''. The word ''does'' is substituted for the word ''shall'' in

the next to the last sentence. In the last sentence, the words

''is entitled * * * to'' are substituted for the word ''shall''.

The word ''outside'' is substituted for the words ''at a place

other than his official station. The official station of such

judges for such purpose shall be''. The words ''also'' and

''actually'' are omitted as surplusage.

In subsection (a)(2), the words ''February 28, 1951,'' are

substituted for the words ''the effective date of this

subdivision''. The word ''shall'' in the first sentence, and the

word ''shall'' before the word ''expire'' in the second sentence,

are omitted as surplusage. The word ''before'' is substituted for

the words ''prior to''. The word ''may'' is substituted for the

word ''shall'' before the words ''be appointed''.

In subsection (a)(3), the word ''for'' is substituted for the

words ''upon the ground of''.

In subsection (b), the words ''the following cases'' are omitted

as surplusage.

In subsections (b) and (d), the word ''sent'' is substituted for

the word ''forwarded''.

In subsection (c), the word ''when'' is inserted after the word

''time''. The words ''a grant of'' are omitted as surplusage.

In subsection (d), the word ''may'' is substituted for the word

''shall'' in the first sentence.

In subsection (f), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

In subsection (g), the words ''of the armed forces'' are omitted

as surplusage. The words ''policies as to sentences'' are

substituted for the words ''sentence policies''. The word

''considered'' is substituted for the word ''deemed''. The words

''Secretaries of the military departments, and the Secretary of the

Treasury'' are substituted for the words ''Secretaries of the

Departments''.

1982 ACT

In subsection (d), the words ''Court of Military Review'' are

substituted for ''board of review'' because of section 3(b) of the

Military Justice Act of 1968 (Pub. L. 90-632, Oct. 24, 1968, 82

Stat. 1343).

The change in subsection (g) reflects the transfer of functions

from the Secretary of the Treasury to the Secretary of

Transportation under 49:1655(b).

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 924(c)(4)(B), substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals'' in

section catchline.

Pub. L. 103-337, Sec. 924(c)(2), substituted ''Court of Criminal

Appeals'' for ''Court of Military Review'' wherever appearing in

subsecs. (a) to (c) and (e).

Pub. L. 103-337, Sec. 924(c)(1), substituted ''Court of Appeals

for the Armed Forces'' for ''Court of Military Appeals'' wherever

appearing.

1989 - Pub. L. 101-189 redesignated subsecs. (b) to (f) as (a) to

(e), respectively, struck out former subsec. (a) which related to

establishment of the United States Court of Military Appeals, and

appointment, removal, allowances and compensation, etc., of judges

of such court, struck out subsec. (g) which related to a committee

required to make annual comprehensive surveys of the operation of

this chapter, struck out subsec. (h) which related to review of

decisions of the Court of Military Appeals by the Supreme Court,

and struck out subsec. (i) which related to annuities for judges

and former or retired judges, and survivors and former spouses of

judges and former judges.

1988 - Subsec. (a)(4). Pub. L. 100-456, Sec. 722(c), inserted

''or an annuity under subsection (i) or subchapter III of chapter

83 or chapter 84 of title 5'' after ''retired pay'' in two places.

Subsec. (i). Pub. L. 100-456, Sec. 722(a), added subsec. (i).

1987 - Subsec. (g)(1). Pub. L. 100-26 substituted ''the Staff

Judge Advocate to the Commandant of the Marine Corps'' for ''the

Director, Judge Advocate Division, Headquarters, United States

Marine Corps''.

1983 - Subsec. (a)(3). Pub. L. 98-209, Sec. 13(d), inserted

''Circuit'' after ''District of Columbia''.

Subsec. (b)(1). Pub. L. 98-209, Sec. 7(d), struck out ''affects a

general or flag officer or'' before ''extends to death''.

Subsec. (g). Pub. L. 98-209, Sec. 9(a), designated existing

provisions as par. (1), substituted ''A committee consisting of the

judges of the Court of Military Appeals, the Judge Advocates

General of the Army, Navy, and Air Force, the Chief Counsel of the

Coast Guard, the Director, Judge Advocate Division, Headquarters,

United States Marine Corps, and two members of the public appointed

by the Secretary of Defense shall meet at least annually. The

committee shall make an annual comprehensive survey of the

operation of this chapter. After each such survey, the committee

shall report'' for ''The Court of Military Appeals and the Judge

Advocates General shall meet annually to make a comprehensive

survey of the operation of this chapter and report'', and added

pars. (2) and (3).

Subsec. (h). Pub. L. 98-209, Sec. 10(c)(2), added subsec. (h).

1982 - Subsec. (d). Pub. L. 97-295, Sec. 1(12)(A), substituted

''Court of Military Review'' for ''board of review'' after

''incorrect in law by the''.

Subsec. (g). Pub. L. 97-295, Sec. 1(12)(B), substituted

''Secretary of Transportation'' for ''Secretary of the Treasury''

after ''military departments, and the''.

1981 - Subsec. (c). Pub. L. 97-81 substituted provisions

authorizing the accused to petition the Court of Military Appeals

for review of a decision of a Court of Military Review within 60

days from the earlier of (1) the date on which the accused is

notified of the decision of the Court of Military Review, or (2)

the date on which a copy of the decision of the Court of Military

Review, after being served on appellate counsel of record for the

accused (if any), is deposited in the United States mails for

delivery by first-class certified mail to the accused at an address

provided by the accused or, if no such address has been provided by

the accused, at the latest address listed for the accused in his

official service record, and directing the Court of Military

Appeals to act upon such a petition promptly in accordance with the

rules of the court for provision which had given the accused 30

days from the time when he was notified of the decision of a board

of review to petition the Court of Military Appeals for review and

which had directed the court to act upon such a petition within 30

days of the receipt thereof.

1980 - Subsec. (a)(1). Pub. L. 96-579 struck out third sentence

prescribing expiration of terms of office of all successors of

judges of the Court of Military Appeals serving on June 15, 1968,

fifteen years after expiration of term of their predecessors

subject to requirement that any judge appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed should be appointed only for the

unexpired term of the predecessor.

1968 - Subsec. (a)(1). Pub. L. 90-340 changed the name of the

Court of Military Appeals to the United States Court of Military

Appeals, and established it under Article I of the United States

Constitution, provided that the terms of office of all successors

of the judges serving on June 15, 1968, shall expire 15 years after

the expiration of the terms for which their predecessors were

appointed but that any judge appointed to fill a vacancy occurring

prior to the expiration of the term of his predecessor shall be

appointed only for the unexpired term of his predecessor,

substituted provisions that each judge is entitled to the same

salary and travel allowances as are judges of the United States

Court of Appeals for provisions that entitled each judge to a

salary of $33,000 a year and a travel and maintenance allowance,

for expenses incurred while attending court or transacting official

business outside the District of Columbia, not to exceed $15 a day,

and provided for the precedence of the chief judge, and of the

other judges based on their seniority.

Subsec. (a)(2). Pub. L. 90-340 redesignated former par. (3) as

(2) and changed the name of the Court of Military Appeals to the

United States Court of Military Appeals. Provisions of former par.

(2) pertaining to the terms of office of judges were placed in par.

(1). Provisions of former par. (2) pertaining to the terms of

office of the three judges first taking office after February 28,

1951, and expiring, as designated by the President at the time of

nomination, one on May 1, 1956, one on May 1, 1961, and one on May

1, 1966, were struck out.

Subsec. (a)(3). Pub. L. 90-340 redesignated former par. (4) as

(3) and changed the name of the Court of Military Appeals to the

United States Court of Military Appeals, and provided that a judge

appointed to fill a temporary vacancy due to illness or disability

may only be a judge of the Court of Appeals for the District of

Columbia. Former par. (3) redesignated (2).

Subsec. (a)(4). Pub. L. 90-340 added par. (4). Former par. (4)

redesignated (3).

Subsecs. (b), (f). Pub. L. 90-632 substituted ''Court of Military

Review'' for ''board of review'' wherever appearing.

1964 - Subsec. (a)(1). Pub. L. 88-426 increased salary of judges

from $25,500 to $33,000.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 722(d) of Pub. L. 100-456 provided that: ''Subsection (i)

of section 867 of title 10, United States Code, as added by

subsection (a), shall apply with respect to judges of the United

States Court of Military Appeals (now United States Court of

Appeals for the Armed Forces) whose term of service on such court

ends on or after the date of the enactment of this Act (Sept. 29,

1988) and to the survivors of such judges.''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by sections 9(a) and 13(d) Pub. L. 98-209 effective

Dec. 6, 1983, and amendment by sections 7(d) and 10(c)(2) of Pub.

L. 98-209 effective first day of eighth calendar month beginning

after Dec. 6, 1983, but amendment by section 7(d) of Pub. L. 98-209

not to apply to any case in which the findings and sentence were

adjudged by a court-martial before that date, and the proceedings

in any such case to be held in the same manner and with the same

effect as if such amendments had not been enacted, see section

12(a)(1), (4) of Pub. L. 98-209, set out as a note under section

801 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-81 to take effect at end of 60-day period

beginning on Nov. 20, 1981, and to apply to any accused with

respect to a Court of Military Review (now Court of Criminal

Appeals) decision that is dated on or after that date, see section

7(a), (b)(5) of Pub. L. 97-81, set out as an Effective Date note

under section 706 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

For effective date of amendment by Pub. L. 88-426, see section

501 of Pub. L. 88-426.

DEADLINE FOR ESTABLISHMENT OF SURVIVOR PROGRAM

Section 722(b) of Pub. L. 100-456 provided that: ''The Secretary

of Defense shall establish the program required by paragraph (4) of

section 867(i) of title 10, United States Code, as added by

subsection (a), not later than one year after the date of the

enactment of this Act (Sept. 29, 1988).''

COMMISSION TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SENTENCING

AUTHORITY, JURISDICTION, TENURE, AND RETIREMENT OF MILITARY JUDGES;

ESTABLISHMENT; COMPOSITION; REPORT TO CONGRESSIONAL COMMITTEES

Section 9(b) of Pub. L. 98-209, as amended by Pub. L. 98-525,

title XV, Sec. 1521, Oct. 19, 1984, 98 Stat. 2628, directed

Secretary of Defense to establish a commission to study the

sentencing authority, jurisdiction, tenure, and retirement system

of military judges, and to report, not later than Dec. 15, 1984,

its findings and recommendations to committees of Congress and to

the committee established under former section 867(g) of this

title.

TERMS OF OFFICE OF JUDGES OF UNITED STATES COURT OF MILITARY

APPEALS

Section 12(b) of Pub. L. 96-579 provided that the term of office

of a judge of United States Court of Military Appeals serving on

such court on Dec. 23, 1980, expire (1) on the date the term of

such judge would have expired under the law in effect on the day

before Dec. 23, 1980, or (2) ten years after the date on which such

judge took office as a judge of the United States Court of Military

Appeals, whichever is later.

CONTINUATION OF POWERS AND JURISDICTION OF COURT OF MILITARY

APPEALS; STATUS OF JUDGES

Section 2 of Pub. L. 90-340 provided that: ''The United States

Court of Military Appeals (now United States Court of Appeals for

the Armed Forces) established under this Act (which amended subsec.

(a) of this section) is a continuation of the Court of Military

Appeals as it existed prior to the effective date of this Act (June

15, 1968), and no loss of rights or powers, interruption of

jurisdiction, or prejudice to matters pending in the Court of

Military Appeals before the effective date of this Act shall

result. A judge of the Court of Military Appeals so serving on the

day before the effective date of this Act shall, for all purposes,

be a judge of the United States Court of Military Appeals under

this Act.''

SALARY INCREASES

1987 - Salaries of judges increased to $95,000 per annum, on

recommendation of President, see note set out under section 358 of

Title 2, The Congress.

1977 - Salaries of judges increased to $57,500 per annum, on

recommendation of President, see note set out under section 358 of

Title 2.

1969 - Salaries of judges increased from $33,000 to $42,500 per

annum, commencing first day of pay period which begins after Feb.

14, 1969, on recommendation of President, see note set out under

section 358 of Title 2.

-EXEC-

EXECUTIVE ORDER NO. 12063

Ex. Ord. No. 12063, June 5, 1978, 43 F.R. 24659, which related to

the United States Court of Military Appeals Nominating Commission,

was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, set

out as a note under section 14 of the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 707, 857a, 869 of this

title; title 28 section 1259.

-CITE-

10 USC Sec. 867a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 867a. Art. 67a. Review by the Supreme Court

-STATUTE-

(a) Decisions of the United States Court of Appeals for the Armed

Forces are subject to review by the Supreme Court by writ of

certiorari as provided in section 1259 of title 28. The Supreme

Court may not review by a writ of certiorari under this section any

action of the Court of Appeals for the Armed Forces in refusing to

grant a petition for review.

(b) The accused may petition the Supreme Court for a writ of

certiorari without prepayment of fees and costs or security

therefor and without filing the affidavit required by section

1915(a) of title 28.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(b), Nov. 29,

1989, 103 Stat. 1569; amended Pub. L. 103-337, div. A, title IX,

Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals'' in

two places.

-CITE-

10 USC Sec. 868 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 868. Art. 68. Branch offices

-STATUTE-

The Secretary concerned may direct the Judge Advocate General to

establish a branch office with any command. The branch office

shall be under an Assistant Judge Advocate General who, with the

consent of the Judge Advocate General, may establish a Court of

Criminal Appeals with one or more panels. That Assistant Judge

Advocate General and any Court of Criminal Appeals established by

him may perform for that command under the general supervision of

the Judge Advocate General, the respective duties which the Judge

Advocate General and a Court of Criminal Appeals established by the

Judge Advocate General would otherwise be required to perform as to

all cases involving sentences not requiring approval by the

President.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90-632, Sec. 2(29),

Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103-337, div. A, title IX,

Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

868 50:655. May 5, 1950, ch.

169, Sec. 1 (Art.

68), 64 Stat. 130.

-------------------------------

The word ''considers'' is substituted for the word ''deems''. The

word ''may'' is substituted for the words ''shall be empowered

to''. The word ''respective'' is inserted for clarity.

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''Court of Criminal Appeals''

for ''Court of Military Review'' wherever appearing.

1968 - Pub. L. 90-632 substituted the Secretary concerned for the

President as the individual authorized to direct the Judge Advocate

General to establish a branch office under an Assistant Judge

Advocate General with any command and substituted ''Court of

Military Review'' for ''board of review'' as the name of the body

established by the Assistant Judge Advocate General in charge of

the branch office.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 869 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 869. Art. 69. Review in the office of the Judge Advocate

General

-STATUTE-

(a) The record of trial in each general court-martial that is not

otherwise reviewed under section 866 of this title (article 66)

shall be examined in the office of the Judge Advocate General if

there is a finding of guilty and the accused does not waive or

withdraw his right to appellate review under section 861 of this

title (article 61). If any part of the findings or sentence is

found to be unsupported in law or if reassessment of the sentence

is appropriate, the Judge Advocate General may modify or set aside

the findings or sentence or both.

(b) The findings or sentence, or both, in a court-martial case

not reviewed under subsection (a) or under section 866 of this

title (article 66) may be modified or set aside, in whole or in

part, by the Judge Advocate General on the ground of newly

discovered evidence, fraud on the court, lack of jurisdiction over

the accused or the offense, error prejudicial to the substantial

rights of the accused, or the appropriateness of the sentence. If

such a case is considered upon application of the accused, the

application must be filed in the office of the Judge Advocate

General by the accused on or before the last day of the two-year

period beginning on the date the sentence is approved under section

860(c) of this title (article 60(c)), unless the accused

establishes good cause for failure to file within that time.

(c) If the Judge Advocate General sets aside the findings or

sentence, he may, except when the setting aside is based on lack of

sufficient evidence in the record to support the findings, order a

rehearing. If he sets aside the findings and sentence and does not

order a rehearing, he shall order that the charges be dismissed.

If the Judge Advocate General orders a rehearing but the convening

authority finds a rehearing impractical, the convening authority

shall dismiss the charges.

(d) A Court of Criminal Appeals may review, under section 866 of

this title (article 66) -

(1) any court-martial case which (A) is subject to action by

the Judge Advocate General under this section, and (B) is sent to

the Court of Criminal Appeals by order of the Judge Advocate

General; and

(2) any action taken by the Judge Advocate General under this

section in such case.

(e) Notwithstanding section 866 of this title (article 66), in

any case reviewed by a Court of Criminal Appeals under this

section, the Court may take action only with respect to matters of

law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90-632, Sec. 2(30),

Oct. 24, 1968, 82 Stat. 1342; Pub. L. 97-81, Sec. 6, Nov. 20, 1981,

95 Stat. 1089; Pub. L. 98-209, Sec. 7(e)(1), Dec. 6, 1983, 97 Stat.

1402; Pub. L. 101-189, div. A, title XIII, Sec. 1302(a),

1304(b)(1), Nov. 29, 1989, 103 Stat. 1576, 1577; Pub. L. 103-337,

div. A, title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

869 50:656. May 5, 1950, ch.

169, Sec. 1 (Art.

69), 64 Stat. 130.

-------------------------------

The word ''may'' is substituted for the word ''will''. The word

''under'' is substituted for the words ''pursuant to the provisions

of''.

AMENDMENTS

1994 - Subsecs. (d), (e). Pub. L. 103-337 substituted ''Court of

Criminal Appeals'' for ''Court of Military Review'' wherever

appearing.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 1304(b)(1), which

directed amendment of subsec. (a) by striking ''section 867(b)(2)

of this title (article 67(b)(2))'' in the third sentence and

inserting in lieu thereof ''section 867(a)(2) of this title

(article 67(a)(2))'', could not be executed because of the

intervening amendment by Pub. L. 101-189, Sec. 1302(a)(1), which

struck out the third sentence, see below.

Pub. L. 101-189, Sec. 1302(a)(1), struck out the third sentence,

which read as follows: ''If the Judge Advocate General so directs,

the record shall be reviewed by a Court of Military Review under

section 866 of this title (article 66), but in that event there may

be no further review by the Court of Military Appeals except under

section 867(b)(2) of this title (article 67(b)(2)).''

Subsecs. (d), (e). Pub. L. 101-189, Sec. 1302(a)(2), added

subsecs. (d) and (e).

1983 - Pub. L. 98-209 amended section generally. Prior to

amendment section provided that every record of trial by general

court-martial, in which there had been a finding of guilty and a

sentence, the appellate review of which was not otherwise provided

for by section 866 of this title, was to be examined in the office

of the Judge Advocate General; that if any part of the findings or

sentence was found unsupported in law, or if the Judge Advocate

General so directed, the record was to be reviewed by a board of

review in accordance with section 866 of this title, but in that

event there could be no further review by the Court of Military

Appeals except under section 867(b)(2) of this title, that

notwithstanding section 876 of this title, the findings or

sentence, or both, in a court-martial case which had been finally

reviewed, but had not been reviewed by a Court of Military Review

could be vacated or modified, in whole or in part, by the Judge

Advocate General on the ground of newly discovered evidence, fraud

on the court, lack of jurisdiction over the accused or the offense,

or error prejudicial to the substantial rights of the accused; and

that when such a case was considered upon application of the

accused, the application had to be filed in the Office of the Judge

Advocate General by the accused before: (1) October 1, 1983, or (2)

the last day of the two-year period beginning on the date the

sentence was approved by the convening authority or, in a special

court-martial case which required action under section 865(b) of

this title, the officer exercising general court-martial

jurisdiction, whichever was later, unless the accused established

good cause for failure to file within that time.

1981 - Pub. L. 97-81 inserted provision that, when a case is

considered upon application of the accused, the application must be

filed in the Office of the Judge Advocate General by the accused

before (1) October 1, 1983, or (2) the last day of the two-year

period beginning on the date the sentence is approved by the

convening authority or, in a special court-martial case which

requires action under section 865(b) of this title (article 65(b)),

the officer exercising general court-martial jurisdiction,

whichever is later, unless the accused establishes good cause for

failure to file within that time.

1968 - Pub. L. 90-632 authorized the Judge Advocate General to

either vacate or modify the findings or sentence, or both, in whole

or in part, in any court-martial case which has been finally

reviewed, but which has not been reviewed by a Court of Military

Review, because of newly discovered evidence, fraud on the court,

lack of jurisdiction over the accused or the offense, or error

prejudicial to the substantial rights of the accused.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 1302(b) of Pub. L. 101-189 provided that: ''Subsection

(e) of section 869 of title 10, United States Code, as added by

subsection (a), shall apply with respect to cases in which a

finding of guilty is adjudged by a general court-martial after the

date of the enactment of this Act (Nov. 29, 1989).''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-81 effective at end of 60-day period

beginning on Nov. 20, 1981, see section 7(a) of Pub. L. 97-81, set

out as an Effective Date note under section 706 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective Oct. 24, 1968, see section

4(b) of Pub. L. 90-632, set out as a note under section 801 of this

title.

TWO-YEAR PERIOD FOR APPLICATIONS FOR MODIFICATION OR SET-ASIDE

INAPPLICABLE TO APPLICATIONS FILED ON OR BEFORE OCTOBER 1, 1983

Section 7(e)(2) of Pub. L. 98-209 provided that: ''The two-year

period specified under the second sentence of section 869(b)

(article 69(b)) of title 10, United States Code, as amended by

paragraph (1), does not apply to any application filed in the

office of the appropriate Judge Advocate General (as defined in

section 801(1) of such title) on or before October 1, 1983. The

application in such a case shall be considered in the same manner

and with the same effect as if such two-year period had not been

enacted.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 861, 864, 865 of this

title.

-CITE-

10 USC Sec. 870 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 870. Art. 70. Appellate counsel

-STATUTE-

(a) The Judge Advocate General shall detail in his office one or

more commissioned officers as appellate Government counsel, and one

or more commissioned officers as appellate defense counsel, who are

qualified under section 827(b)(1) of this title (article 27(b)(1)).

(b) Appellate Government counsel shall represent the United

States before the Court of Criminal Appeals or the Court of Appeals

for the Armed Forces when directed to do so by the Judge Advocate

General. Appellate Government counsel may represent the United

States before the Supreme Court in cases arising under this chapter

when requested to do so by the Attorney General.

(c) Appellate defense counsel shall represent the accused before

the Court of Criminal Appeals, the Court of Appeals for the Armed

Forces, or the Supreme Court -

(1) when requested by the accused;

(2) when the United States is represented by counsel; or

(3) when the Judge Advocate General has sent the case to the

Court of Appeals for the Armed Forces.

(d) The accused has the right to be represented before the Court

of Criminal Appeals, the Court of Appeals for the Armed Forces, or

the Supreme Court by civilian counsel if provided by him.

(e) Military appellate counsel shall also perform such other

functions in connection with the review of court martial cases as

the Judge Advocate General directs.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90-632, Sec. 2(31),

Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98-209, Sec. 10(c)(3), Dec.

6, 1983, 97 Stat. 1406; Pub. L. 103-337, div. A, title IX, Sec.

924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

870(a) 870(b) 50:657(a). May 5, 1950, ch.

50:657(b). 169, Sec. 1 (Art.

70), 64 Stat. 130.

870(c) 50:657(c).

870(d) 50:657(d).

870(e) 50:657(e).

-------------------------------

In subsection (a), the word ''detail'' is substituted for the

word ''appoint'', since the filling of the position involved is not

appointment to an office in the constitutional sense. The word

''commissioned'' is inserted for clarity. The word ''are'' is

substituted for the words ''shall be''. The words ''the provisions

of'' are omitted as surplusage.

In subsections (b) and (c), the word ''shall'' is substituted for

the words ''It shall be the duty of * * * to''.

In subsection (c)(3), the word ''sent'' is substituted for the

word ''transmitted''.

In subsection (d), the word ''has'' is substituted for the words

''shall have''.

In subsection (e), the word ''directs'' is substituted for the

words ''shall direct''.

AMENDMENTS

1994 - Subsecs. (b) to (d). Pub. L. 103-337 substituted ''Court

of Criminal Appeals'' for ''Court of Military Review'' and ''Court

of Appeals for the Armed Forces'' for ''Court of Military Appeals''

wherever appearing.

1983 - Subsec. (b). Pub. L. 98-209, Sec. 10(c)(3)(A), inserted

provision that Appellate Government counsel may represent the

United States before the Supreme Court in cases arising under this

chapter when requested to do so by the Attorney General.

Subsecs. (c), (d). Pub. L. 98-209, Sec. 10(c)(3)(B), amended

subsecs. (c) and (d) generally, inserting references to the Supreme

Court.

1968 - Subsecs. (b) to (d). Pub. L. 90-632 substituted ''Court of

Military Review'' for ''board of review'' wherever appearing.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, see section 12(a)(1)

of Pub. L. 98-209, set out as a note under section 801 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-CITE-

10 USC Sec. 871 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 871. Art. 71. Execution of sentence; suspension of sentence

-STATUTE-

(a) If the sentence of the court-martial extends to death, that

part of the sentence providing for death may not be executed until

approved by the President. In such a case, the President may

commute, remit, or suspend the sentence, or any part thereof, as he

sees fit. That part of the sentence providing for death may not be

suspended.

(b) If in the case of a commissioned officer, cadet, or

midshipman, the sentence of a court-martial extends to dismissal,

that part of the sentence providing for dismissal may not be

executed until approved by the Secretary concerned or such Under

Secretary or Assistant Secretary as may be designated by the

Secretary concerned. In such a case, the Secretary, Under

Secretary, or Assistant Secretary, as the case may be, may commute,

remit, or suspend the sentence, or any part of the sentence, as he

sees fit. In time of war or national emergency he may commute a

sentence of dismissal to reduction to any enlisted grade. A person

so reduced may be required to serve for the duration of the war or

emergency and six months thereafter.

(c)(1) If a sentence extends to death, dismissal, or a

dishonorable or bad conduct discharge and if the right of the

accused to appellate review is not waived, and an appeal is not

withdrawn, under section 861 of this title (article 61), that part

of the sentence extending to death, dismissal, or a dishonorable or

bad-conduct discharge may not be executed until there is a final

judgment as to the legality of the proceedings (and with respect to

death or dismissal, approval under subsection (a) or (b), as

appropriate). A judgment as to legality of the proceedings is

final in such cases when review is completed by a Court of Criminal

Appeals and -

(A) the time for the accused to file a petition for review by

the Court of Appeals for the Armed Forces has expired and the

accused has not filed a timely petition for such review and the

case is not otherwise under review by that Court;

(B) such a petition is rejected by the Court of Appeals for the

Armed Forces; or

(C) review is completed in accordance with the judgment of the

Court of Appeals for the Armed Forces and -

(i) a petition for a writ of certiorari is not filed within

the time limits prescribed by the Supreme Court;

(ii) such a petition is rejected by the Supreme Court; or

(iii) review is otherwise completed in accordance with the

judgment of the Supreme Court.

(2) If a sentence extends to dismissal or a dishonorable or bad

conduct discharge and if the right of the accused to appellate

review is waived, or an appeal is withdrawn, under section 861 of

this title (article 61), that part of the sentence extending to

dismissal or a bad-conduct or dishonorable discharge may not be

executed until review of the case by a judge advocate (and any

action on that review) under section 864 of this title (article 64)

is completed. Any other part of a court-martial sentence may be

ordered executed by the convening authority or other person acting

on the case under section 860 of this title (article 60) when

approved by him under that section.

(d) The convening authority or other person acting on the case

under section 860 of this title (article 60) may suspend the

execution of any sentence or part thereof, except a death sentence.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90-632, Sec. 2(32),

Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98-209, Sec. 5(e), Dec. 6,

1983, 97 Stat. 1399; Pub. L. 103-337, div. A, title IX, Sec.

924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

871(a) 871(b) 50:658(a). May 5, 1950, ch.

50:658(b). 169, Sec. 1 (Art.

71), 64 Stat. 131.

871(c) 50:658(c).

871(d) 50:658(d).

-------------------------------

In subsection (a), the word ''may'' is substituted for the word

''shall''.

In subsection (b), the word ''commissioned'' is inserted for

clarity. The word ''may'' is substituted for the word ''shall'' in

the first sentence. The words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''. The

words ''who is'' are omitted as surplusage.

In subsection (c), the word ''may'' is substituted for the word

''shall''.

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-337 substituted ''Court of

Criminal Appeals'' for ''Court of Military Review'' and ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''

wherever appearing.

1983 - Subsec. (a). Pub. L. 98-209, Sec. 5(e)(1), amended subsec.

(a) generally, substituting provision that part of the

court-martial sentence extending to death may not be executed

without Presidential approval, and granting the President authority

to commute, remit, or suspend the sentence, except that a death

sentence may not be suspended, for provision that no sentence

extending to death or involving a general or flag officer could be

executed without Presidential approval, and authorizing the

President to approve the sentence or any part, amount, or commuted

form thereof, and suspend the execution of the sentence or any part

thereof, except a death sentence.

Subsec. (b). Pub. L. 98-209, Sec. 5(e)(2), substituted provision

that where a court-martial sentence extends to dismissal of a

commissioned officer, cadet, or midshipman, the dismissal may not

be executed without approval by the Secretary concerned, or Under

Secretary or Assistant Secretary designated by him, and authorizing

such official to commute, remit, or suspend the sentence, or any

part thereof, for provision that no dismissal of a commissioned

officer (other than a general or flag officer), cadet or midshipman

may be executed without such approval, and that such official could

approve the sentence or such part, amount, or commuted form the

sentence as he saw fit, and could suspend the execution of any part

of the sentence.

Subsec. (c). Pub. L. 98-209, Sec. 5(e)(3), amended subsec. (c)

generally. Prior to amendment subsec. (c) read as follows: ''No

sentence which includes, unsuspended, a dishonorable or bad-conduct

discharge, or confinement for one year or more, may be executed

until affirmed by a Court of Military Review and, in cases reviewed

by it, the Court of Military Appeals.''

Subsec. (d). Pub. L. 98-209, Sec. 5(e)(3), amended subsec. (d)

generally. Prior to amendment subsec. (d) read as follows: ''All

other court-martial sentences, unless suspended or deferred, may be

ordered executed by the convening authority when approved by him.

The convening authority may suspend the execution of any sentence,

except a death sentence.''

1968 - Subsec. (c). Pub. L. 90-632, Sec. 2(32)(A), substituted

''Court of Military Review'' for ''board of review''.

Subsec. (d). Pub. L. 90-632, Sec. 2(32)(B), inserted reference to

deferred court-martial sentences.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendments by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 872 of this title.

-CITE-

10 USC Sec. 872 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 872. Art. 72. Vacation of suspension

-STATUTE-

(a) Before the vacation of the suspension of a special

court-martial sentence which as approved includes a bad-conduct

discharge, or of any general court-martial sentence, the officer

having special court-martial jurisdiction over the probationer

shall hold a hearing on the alleged violation of probation. The

probationer shall be represented at the hearing by counsel if he so

desires.

(b) The record of the hearing and the recommendation of the

officer having special court-martial jurisdiction shall be sent for

action to the officer exercising general court-martial jurisdiction

over the probationer. If he vacates the suspension, any unexecuted

part of the sentence, except a dismissal, shall be executed,

subject to applicable restrictions in section 871 (c) of this title

(article 71(c)). The vacation of the suspension of a dismissal is

not effective until approved by the Secretary concerned.

(c) The suspension of any other sentence may be vacated by any

authority competent to convene, for the command in which the

accused is serving or assigned, a court of the kind that imposed

the sentence.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 63.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

872(a) 872(b) 50:659(a). May 5, 1950, ch.

50:659(b). 169, Sec. 1 (Art.

72), 64 Stat. 131.

872(c) 50:659(c).

-------------------------------

In subsection (a), the word ''Before'' is substituted for the

words ''Prior to''.

In subsection (b), the words ''be effective * * * to'' are

omitted as surplusage.

The second sentence is restated to make it clear that the

execution of the rest of the court-martial sentence is not

automatic. The word ''is'' is substituted for the words ''shall *

* * be'' in the last sentence. The word ''sent'' is substituted

for the word ''forwarded''. The words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

-CITE-

10 USC Sec. 873 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 873. Art. 73. Petition for a new trial

-STATUTE-

At any time within two years after approval by the convening

authority of a court-martial sentence, the accused may petition the

Judge Advocate General for a new trial on the grounds of newly

discovered evidence or fraud on the court. If the accused's case

is pending before a Court of Criminal Appeals or before the Court

of Appeals for the Armed Forces, the Judge Advocate General shall

refer the petition to the appropriate court for action. Otherwise

the Judge Advocate General shall act upon the petition.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90-632, Sec. 2(33),

Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103-337, div. A, title IX,

Sec. 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

873 50:660. May 5, 1950, ch.

169, Sec. 1 (Art.

73), 64 Stat. 132.

-------------------------------

The words ''the ground'' are substituted for the word

''grounds''. The words ''as the case may be'' are substituted for

the word ''respectively'', since the prescribed action is

alternative, not distributive.

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''Court of Criminal Appeals''

for ''Court of Military Review'' and ''Court of Appeals for the

Armed Forces'' for ''Court of Military Appeals''.

1968 - Pub. L. 90-632 extended time during which accused may

petition Judge Advocate General for a new trial from 1 to 2 years

and struck out provisions which limited right to petition for a new

trial to cases of death, dismissal, a punitive discharge, or a year

or more in confinement.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 to apply in the case of all

court-martial sentences approved by the convening authority on or

after, or not more than two years before Oct. 24, 1968, see section

4(c) of Pub. L. 90-632, set out as a note under section 801 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 876 of this title.

-CITE-

10 USC Sec. 874 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 874. Art. 74. Remission and suspension

-STATUTE-

(a) The Secretary concerned and, when designated by him, any

Under Secretary, Assistant Secretary, Judge Advocate General, or

commanding officer may remit or suspend any part or amount of the

unexecuted part of any sentence, including all uncollected

forfeitures other than a sentence approved by the President.

However, in the case of a sentence of confinement for life without

eligibility for parole that is adjudged for an offense committed

after October 29, 2000, after the sentence is ordered executed, the

authority of the Secretary concerned under the preceding sentence

(1) may not be delegated, and (2) may be exercised only after the

service of a period of confinement of not less than 20 years.

(b) The Secretary concerned may, for good cause, substitute an

administrative form of discharge for a discharge or dismissal

executed in accordance with the sentence of a court-martial.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106-398, Sec. 1

((div. A), title V, Sec. 553(a)), Oct. 30, 2000, 114 Stat. 1654,

1654A-125; Pub. L. 107-107, div. A, title X, Sec. 1048(a)(8), Dec.

28, 2001, 115 Stat. 1223.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

874(a) 874(b) 50:661(a). May 5, 1950, ch.

50:661(b). 169, Sec. 1 (Art.

74), 64 Stat. 132.

-------------------------------

In subsections (a) and (b), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 inserted ''that is adjudged

for an offense committed after October 29, 2000'' after ''a

sentence of confinement for life without eligibility for parole''.

2000 - Subsec. (a). Pub. L. 106-398 inserted at end ''However, in

the case of a sentence of confinement for life without eligibility

for parole, after the sentence is ordered executed, the authority

of the Secretary concerned under the preceding sentence (1) may not

be delegated, and (2) may be exercised only after the service of a

period of confinement of not less than 20 years.''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 553(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-125, provided that: ''The amendment

made by subsection (a) (amending this section) shall not apply with

respect to a sentence of confinement for life without eligibility

for parole that is adjudged for an offense committed before the

date of the enactment of this Act (Oct. 30, 2000).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 876 of this title.

-CITE-

10 USC Sec. 875 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 875. Art. 75. Restoration

-STATUTE-

(a) Under such regulations as the President may prescribe, all

rights, privileges, and property affected by an executed part of a

court-martial sentence which has been set aside or disapproved,

except an executed dismissal or discharge, shall be restored unless

a new trial or rehearing is ordered and such executed part is

included in a sentence imposed upon the new trial or rehearing.

(b) If a previously executed sentence of dishonorable or

bad-conduct discharge is not imposed on a new trial, the Secretary

concerned shall substitute therefor a form of discharge authorized

for administrative issuance unless the accused is to serve out the

remainder of his enlistment.

(c) If a previously executed sentence of dismissal is not imposed

on a new trial, the Secretary concerned shall substitute therefor a

form of discharge authorized for administrative issue, and the

commissioned officer dismissed by that sentence may be reappointed

by the President alone to such commissioned grade and with such

rank as in the opinion of the President that former officer would

have attained had he not been dismissed. The reappointment of such

a former officer shall be without regard to the existence of a

vacancy and shall affect the promotion status of other officers

only insofar as the President may direct. All time between the

dismissal and the reappointment shall be considered as actual

service for all purposes, including the right to pay and

allowances.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 63.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

875(a) 875(b) 50:662(a). May 5, 1950, ch.

50:662(b). 169, Sec. 1 (Art.

75), 64 Stat. 132.

875(c) 50:662(c).

-------------------------------

In subsections (b) and (c), the word ''If'' is substituted for

the word ''Where''. The word ''imposed'' is substituted for the

word ''sustained''. The words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''.

In subsection (c), the word ''issue'' is substituted for the word

''issuance''. The word ''commissioned'' is inserted for clarity.

The words ''grade and with such rank'' are substituted for the

words ''rank and precedence'', since a person is appointed to a

grade, not a position of precedence, and the word ''rank'' is the

accepted military word denoting the general idea of precedence.

The words ''the existence of a'' are substituted for the word

''position''. The word ''receive'' is omitted as surplusage.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of Homeland Security of certain

authority vested in President by this section, see section 2(b) of

Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set

out as a note under section 301 of Title 3, The President.

-CITE-

10 USC Sec. 876 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 876. Art. 76. Finality of proceedings, findings, and sentences

-STATUTE-

The appellate review of records of trial provided by this

chapter, the proceedings, findings, and sentences of courts-martial

as approved, reviewed, or affirmed as required by this chapter, and

all dismissals and discharges carried into execution under

sentences by courts-martial following approval, review, or

affirmation as required by this chapter, are final and conclusive.

Orders publishing the proceedings of courts-martial and all action

taken pursuant to those proceedings are binding upon all

departments, courts, agencies, and officers of the United States,

subject only to action upon a petition for a new trial as provided

in section 873 of this title (article 73) and to action by the

Secretary concerned as provided in section 874 of this title

(article 74) and the authority of the President.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 64.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

876 50:663. May 5, 1950, ch.

169, Sec. 1 (Art.

76), 64 Stat. 132.

-------------------------------

The word ''under'' is substituted for the words ''pursuant to''.

The word ''are'' is substituted for the words ''shall be''. The

words ''Secretary concerned'' are substituted for the words

''Secretary of a Department''.

-CITE-

10 USC Sec. 876a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 876a. Art. 76a. Leave required to be taken pending review of

certain court-martial convictions

-STATUTE-

Under regulations prescribed by the Secretary concerned, an

accused who has been sentenced by a court-martial may be required

to take leave pending completion of action under this subchapter if

the sentence, as approved under section 860 of this title (article

60), includes an unsuspended dismissal or an unsuspended

dishonorable or bad-conduct discharge. The accused may be required

to begin such leave on the date on which the sentence is approved

under section 860 of this title (article 60) or at any time after

such date, and such leave may be continued until the date on which

action under this subchapter is completed or may be terminated at

any earlier time.

-SOURCE-

(Added Pub. L. 97-81, Sec. 2(c)(1), Nov. 20, 1981, 95 Stat. 1087;

amended Pub. L. 98-209, Sec. 5(g), Dec. 6, 1983, 97 Stat. 1400.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-209 substituted ''under section 860 of this

title (article 60)'' for ''under section 864 or 865 of this title

(article 64 or 65) by the officer exercising general court-martial

jurisdiction'' and ''by the officer exercising general

court-martial jurisdiction'', respectively.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, but not to apply to

any case in which the findings and sentence were adjudged by a

court-martial before that date, and the proceedings in any such

case to be held in the same manner and with the same effect as if

such amendments had not been enacted, see section 12(a)(1), (4) of

Pub. L. 98-209, set out as a note under section 801 of this title.

EFFECTIVE DATE

Section to take effect at end of 60-day period beginning on Nov.

20, 1981, to apply to each member whose sentence by court-martial

is approved on or after Jan. 20, 1982, under section 864 or 865 of

this title by the officer exercising general court-martial

jurisdiction under the provisions of such section as it existed on

the day before the effective date of the Military Justice Act of

1983 (Pub. L. 98-209), or under section 860 of this title by the

officer empowered to act on the sentence on or after that effective

date, see section 7(a), (b)(1) of Pub. L. 97-81, set out as a note

under section 706 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 707 of this title.

-CITE-

10 USC Sec. 876b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

-HEAD-

Sec. 876b. Art. 76b. Lack of mental capacity or mental

responsibility: commitment of accused for examination and

treatment

-STATUTE-

(a) Persons Incompetent To Stand Trial. - (1) In the case of a

person determined under this chapter to be presently suffering from

a mental disease or defect rendering the person mentally

incompetent to the extent that the person is unable to understand

the nature of the proceedings against that person or to conduct or

cooperate intelligently in the defense of the case, the general

court-martial convening authority for that person shall commit the

person to the custody of the Attorney General.

(2) The Attorney General shall take action in accordance with

section 4241(d) of title 18.

(3) If at the end of the period for hospitalization provided for

in section 4241(d) of title 18, it is determined that the committed

person's mental condition has not so improved as to permit the

trial to proceed, action shall be taken in accordance with section

4246 of such title.

(4)(A) When the director of a facility in which a person is

hospitalized pursuant to paragraph (2) determines that the person

has recovered to such an extent that the person is able to

understand the nature of the proceedings against the person and to

conduct or cooperate intelligently in the defense of the case, the

director shall promptly transmit a notification of that

determination to the Attorney General and to the general

court-martial convening authority for the person. The director

shall send a copy of the notification to the person's counsel.

(B) Upon receipt of a notification, the general court-martial

convening authority shall promptly take custody of the person

unless the person covered by the notification is no longer subject

to this chapter. If the person is no longer subject to this

chapter, the Attorney General shall take any action within the

authority of the Attorney General that the Attorney General

considers appropriate regarding the person.

(C) The director of the facility may retain custody of the person

for not more than 30 days after transmitting the notifications

required by subparagraph (A).

(5) In the application of section 4246 of title 18 to a case

under this subsection, references to the court that ordered the

commitment of a person, and to the clerk of such court, shall be

deemed to refer to the general court-martial convening authority

for that person. However, if the person is no longer subject to

this chapter at a time relevant to the application of such section

to the person, the United States district court for the district

where the person is hospitalized or otherwise may be found shall be

considered as the court that ordered the commitment of the person.

(b) Persons Found Not Guilty by Reason of Lack of Mental

Responsibility. - (1) If a person is found by a court-martial not

guilty only by reason of lack of mental responsibility, the person

shall be committed to a suitable facility until the person is

eligible for release in accordance with this section.

(2) The court-martial shall conduct a hearing on the mental

condition in accordance with subsection (c) of section 4243 of

title 18. Subsections (b) and (d) of that section shall apply with

respect to the hearing.

(3) A report of the results of the hearing shall be made to the

general court-martial convening authority for the person.

(4) If the court-martial fails to find by the standard specified

in subsection (d) of section 4243 of title 18 that the person's

release would not create a substantial risk of bodily injury to

another person or serious damage of property of another due to a

present mental disease or defect -

(A) the general court-martial convening authority may commit

the person to the custody of the Attorney General; and

(B) the Attorney General shall take action in accordance with

subsection (e) of section 4243 of title 18.

(5) Subsections (f), (g), and (h) of section 4243 of title 18

shall apply in the case of a person hospitalized pursuant to

paragraph (4)(B), except that the United States district court for

the district where the person is hospitalized shall be considered

as the court that ordered the person's commitment.

(c) General Provisions. - (1) Except as otherwise provided in

this subsection and subsection (d)(1), the provisions of section

4247 of title 18 apply in the administration of this section.

(2) In the application of section 4247(d) of title 18 to hearings

conducted by a court-martial under this section or by (or by order

of) a general court-martial convening authority under this section,

the reference in that section to section 3006A of such title does

not apply.

(d) Applicability. - (1) The provisions of chapter 313 of title

18 referred to in this section apply according to the provisions of

this section notwithstanding section 4247(j) of title 18.

(2) If the status of a person as described in section 802 of this

title (article 2) terminates while the person is, pursuant to this

section, in the custody of the Attorney General, hospitalized, or

on conditional release under a prescribed regimen of medical,

psychiatric, or psychological care or treatment, the provisions of

this section establishing requirements and procedures regarding a

person no longer subject to this chapter shall continue to apply to

that person notwithstanding the change of status.

-SOURCE-

(Added Pub. L. 104-106, div. A, title XI, Sec. 1133(a)(1), Feb.

10, 1996, 110 Stat. 464.)

-MISC1-

EFFECTIVE DATE

Section 1133(c) of Pub. L. 104-106 provided that: ''Section 876b

of title 10, United States Code (article 76b of the Uniform Code of

Military Justice), as added by subsection (a), shall take effect at

the end of the six-month period beginning on the date of the

enactment of this Act (Feb. 10, 1996) and shall apply with respect

to charges referred to courts-martial after the end of that

period.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 802 of this title.

-CITE-

10 USC SUBCHAPTER X - PUNITIVE ARTICLES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

.

-HEAD-

SUBCHAPTER X - PUNITIVE ARTICLES

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

877. 77. Principals.

878. 78. Accessory after the

fact.

879. 79. Conviction of lesser

included offense.

880. 80. Attempts.

881. 81. Conspiracy.

882. 82. Solicitation.

883. 83. Fraudulent

enlistment,

appointment, or

separation.

884. 84. Unlawful enlistment,

appointment, or

separation.

885. 85. Desertion.

886. 86. Absence without

leave.

887. 87. Missing movement.

888. 88. Contempt toward

officials.

889. 89. Disrespect toward

superior

commissioned

officer.

890. 90. Assaulting or

willfully

disobeying superior

commissioned

officer.

891. 91. Insubordinate

conduct toward

warrant officer,

noncommissioned

officer, or petty

officer.

892. 92. Failure to obey

order or

regulation.

893. 93. Cruelty and

maltreatment.

894. 94. Mutiny or sedition.

895. 95. Resistance, flight,

breach of arrest,

and escape.

896. 96. Releasing prisoner

without proper

authority.

897. 97. Unlawful detention.

898. 98. Noncompliance with

procedural rules.

899. 99. Misbehavior before

the enemy.

900. 100. Subordinate

compelling

surrender.

901. 101. Improper use of

countersign.

902. 102. Forcing a safeguard.

903. 103. Captured or

abandoned property.

904. 104. Aiding the enemy.

905. 105. Misconduct as

prisoner.

906. 106. Spies.

906a. 106a. Espionage.

907. 107. False official

statements.

908. 108. Military property of

United States -

Loss, damage,

destruction, or

wrongful

disposition.

909. 109. Property other than

military property

of United States -

Waste, spoilage, or

destruction.

910. 110. Improper hazarding

of vessel.

911. 111. Drunken or reckless

operation of a

vehicle, aircraft,

or vessel.

912. 112. Drunk on duty.

912a. 112a. Wrongful use,

possession, etc.,

of controlled

substances.

913. 113. Misbehavior of

sentinel.

914. 114. Dueling.

915. 115. Malingering.

916. 116. Riot or breach of

peace.

917. 117. Provoking speeches

or gestures.

918. 118. Murder.

919. 119. Manslaughter.

920. 120. Rape and carnal

knowledge.

921. 121. Larceny and wrongful

appropriation.

922. 122. Robbery.

923. 123. Forgery.

923a. 123a. Making, drawing, or

uttering check,

draft, or order

without sufficient

funds.

924. 124. Maiming.

925. 125. Sodomy.

926. 126. Arson.

927. 127. Extortion.

928. 128. Assault.

929. 129. Burglary.

930. 130. Housebreaking.

931. 131. Perjury.

932. 132. Frauds against the

United States.

933. 133. Conduct unbecoming

an officer and a

gentleman.

934. 134. General article.

-------------------------------

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title X, Sec. 1073(a)(10), Nov.

18, 1997, 111 Stat. 1900, struck out ''Art.'' before ''95'' in item

895.

1996 - Pub. L. 104-106, div. A, title XI, Sec. 1112(b), Feb. 10,

1996, 110 Stat. 461, inserted ''flight,'' after ''Resistance,'' in

item 895.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1066(a)(2), Oct.

23, 1992, 106 Stat. 2506, substituted ''operation of a vehicle,

aircraft, or vessel'' for ''driving'' in item 911.

1985 - Pub. L. 99-145, title V, Sec. 534(b), Nov. 8, 1985, 99

Stat. 635, added item 906a.

1983 - Pub. L. 98-209, Sec. 8(b), Dec. 6, 1983, 97 Stat. 1404,

added item 912a.

1961 - Pub. L. 87-385, Sec. 1(2), Oct. 4, 1961, 75 Stat. 814,

added item 923a.

-CITE-

10 USC Sec. 877 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 877. Art. 77. Principals

-STATUTE-

Any person punishable under this chapter who -

(1) commits an offense punishable by this chapter, or aids,

abets, counsels, commands, or procures its commission; or

(2) causes an act to be done which if directly performed by him

would be punishable by this chapter;

is a principal.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

877 50:671. May 5, 1950, ch.

169, Sec. 1 (Art.

77), 64 Stat. 134.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 878 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 878. Art. 78. Accessory after the fact

-STATUTE-

Any person subject to this chapter who, knowing that an offense

punishable by this chapter has been committed, receives, comforts,

or assists the offender in order to hinder or prevent his

apprehension, trial, or punishment shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

878 50:672. May 5, 1950, ch.

169, Sec. 1 (Art.

78), 64 Stat. 134.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 879 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 879. Art. 79. Conviction of lesser included offense

-STATUTE-

An accused may be found guilty of an offense necessarily included

in the offense charged or of an attempt to commit either the

offense charged or an offense necessarily included therein.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

879 50:673. May 5, 1950, ch.

169, Sec. 1 (Art.

79), 64 Stat. 134.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 880 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 880. Art. 80. Attempts

-STATUTE-

(a) An act, done with specific intent to commit an offense under

this chapter, amounting to more than mere preparation and tending,

even though failing, to effect its commission, is an attempt to

commit that offense.

(b) Any person subject to this chapter who attempts to commit any

offense punishable by this chapter shall be punished as a

court-martial may direct, unless otherwise specifically prescribed.

(c) Any person subject to this chapter may be convicted of an

attempt to commit an offense although it appears on the trial that

the offense was consummated.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

880(a) 880(b) 50:674(a). May 5, 1950, ch.

50:674(b). 169, Sec. 1 (Art.

80), 64 Stat. 134.

880(c) 50:674(c).

-------------------------------

In subsection (a), the words ''even though'' are substituted for

the word ''but'' for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 881 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 881. Art. 81. Conspiracy

-STATUTE-

Any person subject to this chapter who conspires with any other

person to commit an offense under this chapter shall, if one or

more of the conspirators does an act to effect the object of the

conspiracy, be punished as a court-martial may direct,

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

881 50:675. May 5, 1950, ch.

169, Sec. 1 (Art.

81), 64 Stat. 134.

-------------------------------

The words ''or persons'' are omitted as surplusage, since under

section 1 of title 1 words importing the singular may apply to

several persons.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 882 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 882. Art. 82. Solicitation

-STATUTE-

(a) Any person subject to this chapter who solicits or advises

another or others to desert in violation of section 885 of this

title (article 85) or mutiny in violation of section 894 of this

title (article 94) shall, if the offense solicited or advised is

attempted or committed, be punished with the punishment provided

for the commission of the offense, but, if the offense solicited or

advised is not committed or attempted, he shall be punished as a

court-martial may direct.

(b) Any person subject to this chapter who solicits or advises

another or others to commit an act of misbehavior before the enemy

in violation of section 899 of this title (article 99) or sedition

in violation of section 894 of this title (article 94) shall, if

the offense solicited or advised is committed, be punished with the

punishment provided for the commission of the offense, but, if the

offense solicited or advised is not committed, he shall be punished

as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

882(a) 882(b) 50:676(a). May 5, 1950, ch.

50:676(b). 169, Sec. 1, (Art.

82), 64 Stat. 134.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 883 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 883. Art. 83. Fraudulent enlistment, appointment, or

separation

-STATUTE-

Any person who -

(1) procures his own enlistment or appointment in the armed

forces by knowingly false representation or deliberate

concealment as to his qualifications for that enlistment or

appointment and receives pay or allowances thereunder; or

(2) procures his own separation from the armed forces by

knowingly false representation or deliberate concealment as to

his eligibility for that separation;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

883 50:677. May 5, 1950, ch.

169, Sec. 1 (Art.

83), 64 Stat. 134.

-------------------------------

In clauses (1) and (2), the words ''means of'' are omitted as

surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 884 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 884. Art. 84. Unlawful enlistment, appointment, or separation

-STATUTE-

Any person subject to this chapter who effects an enlistment or

appointment in or a separation from the armed forces of any person

who is known to him to be ineligible for that enlistment,

appointment, or separation because it is prohibited by law,

regulation, or order shall be punished as a court-martial may

direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

884 50:678. May 5, 1950, ch.

169, Sec. 1 (Art.

84), 64 Stat. 135.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 885 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 885. Art. 85. Desertion

-STATUTE-

(a) Any member of the armed forces who -

(1) without authority goes or remains absent from his unit,

organization, or place of duty with intent to remain away

therefrom permanently;

(2) quits his unit, organization, or place of duty with intent

to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed

forces enlists or accepts an appointment in the same or another

one of the armed forces without fully disclosing the fact that he

has not been regularly separated, or enters any foreign armed

service except when authorized by the United States;

is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after

tender of his resignation and before notice of its acceptance,

quits his post or proper duties without leave and with intent to

remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert

shall be punished, if the offense is committed in time of war, by

death or such other punishment as a court-martial may direct, but

if the desertion or attempt to desert occurs at any other time, by

such punishment, other than death, as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

885(a) 885(b) 50:679(a). May 5, 1950, ch.

50:679(b). 169, Sec. 1 (Art.

85), 64 Stat. 135.

885(c) 50:679(c).

-------------------------------

In subsection (a), the word ''unit'' is substituted for the words

''place of service'' to conform to clause (2) of this section and

section 886(3) of this title. The word ''proper'' is omitted as

surplusage.

In subsection (b), the word ''commissioned'' is inserted for

clarity. The word ''before'' is substituted for the words ''prior

to''. The words ''its acceptance'' are substituted for the words

''the acceptance of the same''. The words ''after tender of'' are

substituted for the words ''having tendered'' for clarity. The

word ''due'' is omitted as surplusage.

In subsection (c), the words ''attempt to desert'' are

substituted for the words ''attempted desertion''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 882, 937 of this title.

-CITE-

10 USC Sec. 886 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 886. Art. 86. Absence without leave

-STATUTE-

Any member of the armed forces who, without authority -

(1) fails to go to his appointed place of duty at the time

prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit,

organization, or place of duty at which he is required to be at

the time prescribed;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

886 50:680. May 5, 1950, ch.

169, Sec. 1 (Art.

86), 64 Stat. 135.

-------------------------------

The words ''proper'' and ''other'' are omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 887 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 887. Art. 87. Missing movement

-STATUTE-

Any person subject to this chapter who through neglect or design

misses the movement of a ship, aircraft, or unit with which he is

required in the course of duty to move shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

887 50:681. May 5, 1950, ch.

169, Sec. 1 (Art.

87), 64 Stat. 135.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 888 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 888. Art. 88. Contempt toward officials

-STATUTE-

Any commissioned officer who uses contemptuous words against the

President, the Vice President, Congress, the Secretary of Defense,

the Secretary of a military department, the Secretary of Homeland

Security, or the Governor or legislature of any State, Territory,

Commonwealth, or possession in which he is on duty or present shall

be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 96-513, title V,

Sec. 511(25), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 107-296, title

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

888 50:682. May 5, 1950, ch.

169, Sec. 1 (Art.

88), 64 Stat. 135.

-------------------------------

The word ''commissioned'' is inserted for clarity. The words

''the Vice President, Congress, the Secretary of Defense, the

Secretary of a military department, the Secretary of the Treasury,

or the Governor or legislature of any State, Territory,

Commonwealth, or possession'' are substituted for the words ''Vice

President, Congress, Secretary of Defense, or a Secretary of a

Department, a Governor or a legislature of any State, Territory, or

other possession of the United States''.

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''Secretary of Homeland

Security'' for ''Secretary of Transportation''.

1980 - Pub. L. 96-513 substituted ''Secretary of Transportation''

for ''Secretary of the Treasury''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 889 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 889. Art. 89. Disrespect toward superior commissioned officer

-STATUTE-

Any person subject to this chapter who behaves with disrespect

toward his superior commissioned officer shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

889 50:683. May 5, 1950, ch.

169, Sec. 1 (Art.

89), 64 Stat. 135.

-------------------------------

The word ''commissioned'' is inserted for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 890 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 890. Art. 90. Assaulting or willfully disobeying superior

commissioned officer

-STATUTE-

Any person subject to this chapter who -

(1) strikes his superior commissioned officer or draws or lifts

up any weapon or offers any violence against him while he is in

the execution of his office; or

(2) willfully disobeys a lawful command of his superior

commissioned officer;

shall be punished, if the offense is committed in time of war, by

death or such other punishment as a court-martial may direct, and

if the offense is committed at any other time, by such punishment,

other than death, as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

890 50:684. May 5, 1950, ch.

169, Sec. 1 (Art.

90), 64 Stat. 135.

-------------------------------

The word ''commissioned'' is inserted for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 891 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 891. Art. 91. Insubordinate conduct toward warrant officer,

noncommissioned officer, or petty officer

-STATUTE-

Any warrant officer or enlisted member who -

(1) strikes or assaults a warrant officer, noncommissioned

officer, or petty officer, while that officer is in the execution

of his office;

(2) willfully disobeys the lawful order of a warrant officer,

noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or

deportment toward a warrant officer, noncommissioned officer, or

petty officer, while that officer is in the execution of his

office;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

891 50:685. May 5, 1950, ch.

169, Sec. 1 (Art.

91), 64 Stat. 136.

-------------------------------

The word ''member'' is substituted for the word ''person''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 892 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 892. Art. 92. Failure to obey order or regulation

-STATUTE-

Any person subject to this chapter who -

(1) violates or fails to obey any lawful general order or

regulation;

(2) having knowledge of any other lawful order issued by a

member of the armed forces, which it is his duty to obey, fails

to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

892 50:686. May 5, 1950, ch.

169, Sec. 1 (Art.

92), 64 Stat. 136.

-------------------------------

The word ''order'' is substituted for the word ''same''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 937, 2783, 2784 of this

title.

-CITE-

10 USC Sec. 893 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 893. Art. 93. Cruelty and maltreatment

-STATUTE-

Any person subject to this chapter who is guilty of cruelty

toward, or oppression or maltreatment of, any person subject to his

orders shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

893 50:687. May 5, 1950, ch.

169, Sec. 1 (Art.

93), 64 Stat. 136.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 894 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 894. Art. 94. Mutiny or sedition

-STATUTE-

(a) Any person subject to this chapter who -

(1) with intent to usurp or override lawful military authority,

refuses, in concert with any other person, to obey orders or

otherwise do his duty or creates any violence or disturbance is

guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful

civil authority, creates, in concert with any other person,

revolt, violence, or other disturbance against that authority is

guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or

sedition being committed in his presence, or fails to take all

reasonable means to inform his superior commissioned officer or

commanding officer of a mutiny or sedition which he knows or has

reason to believe is taking place, is guilty of a failure to

suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny,

sedition, or failure to suppress or report a mutiny or sedition

shall be punished by death or such other punishment as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

894(a) 894(b) 50:688(a). May 5, 1950, ch.

50:688(b). 169, Sec. 1 (Art.

94), 64 Stat. 136.

-------------------------------

In subsection (a)(1) and (2), the words ''or persons'' are

omitted, since, under section 1 of title 1, words importing the

singular may apply to several persons.

In subsection (a)(3), the word ''a'' is substituted for the words

''an offense of''. The words ''commissioned officer'' are inserted

after the word ''superior'', for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 882, 937 of this title;

title 38 section 6105.

-CITE-

10 USC Sec. 895 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 895. Art. 95. Resistance, flight, breach of arrest, and escape

-STATUTE-

Any person subject to this chapter who -

(1) resists apprehension;

(2) flees from apprehension;

(3) breaks arrest; or

(4) escapes from custody or confinement;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 69; Pub. L. 104-106, div. A,

title XI, Sec. 1112(a), Feb. 10, 1996, 110 Stat. 461.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

895 50:689. May 5, 1950, ch.

169, Sec. 1 (Art.

95), 64 Stat. 136.

-------------------------------

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''flight,'' after ''Resistance,''

in section catchline and amended text generally. Prior to

amendment, text read as follows: ''Any person subject to this

chapter who resists apprehension or breaks arrest or who escapes

from custody or confinement shall be punished as a court-martial

may direct.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 896 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 896. Art. 96. Releasing prisoner without proper authority

-STATUTE-

Any person subject to this chapter who, without proper authority,

releases any prisoner committed to his charge, or who through

neglect or design suffers any such prisoner to escape, shall be

punished as a court-martial may direct, whether or not the prisoner

was committed in strict compliance with law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 69.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

896 50:690. May 5, 1950, ch.

169, Sec. 1 (Art.

96), 64 Stat. 136.

-------------------------------

The words ''whether or not the prisoner was committed in strict

compliance with law'' are substituted for the word ''duly'', to

reflect the long standing construction expressed in the Manual for

Courts-Martial, United States, 1951, par. 175a.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 897 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 897. Art. 97. Unlawful detention

-STATUTE-

Any person subject to this chapter who, except as provided by

law, apprehends, arrests, or confines any person shall be punished

as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 69.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

897 50:691. May 5, 1950, ch.

169, Sec. 1 (Art.

97), 64 Stat. 137.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 898 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 898. Art. 98. Noncompliance with procedural rules

-STATUTE-

Any person subject to this chapter who -

(1) is responsible for unnecessary delay in the disposition of

any case of a person accused of an offense under this chapter; or

(2) knowingly and intentionally fails to enforce or comply with

any provision of this chapter regulating the proceedings before,

during, or after trial of an accused;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 69.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

898 50:692. May 5, 1950, ch.

169, Sec. 1 (Art.

98), 64 Stat. 137.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 899 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 899. Art. 99. Misbehavior before the enemy

-STATUTE-

Any member of the armed forces who before or in the presence of

the enemy -

(1) runs away;

(2) shamefully abandons, surrenders, or delivers up any

command, unit, place, or military property which it is his duty

to defend;

(3) through disobedience, neglect, or intentional misconduct

endangers the safety of any such command, unit, place, or

military property;

(4) casts away his arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits his place of duty to plunder or pillage;

(7) causes false alarms in any command, unit, or place under

control of the armed forces;

(8) willfully fails to do his utmost to encounter, engage,

capture, or destroy any enemy troops, combatants, vessels,

aircraft, or any other thing, which it is his duty so to

encounter, engage, capture, or destroy; or

(9) does not afford all practicable relief and assistance to

any troops, combatants, vessels, or aircraft of the armed forces

belonging to the United States or their allies when engaged in

battle;

shall be punished by death or such other punishment as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 69.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

899 50:693. May 5, 1950, ch.

169, Sec. 1 (Art.

99), 64 Stat. 137.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 882, 937 of this title.

-CITE-

10 USC Sec. 900 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 900. Art. 100. Subordinate compelling surrender

-STATUTE-

Any person subject to this chapter who compels or attempts to

compel the commander of any place, vessel, aircraft, or other

military property, or of any body of members of the armed forces,

to give it up to an enemy or to abandon it, or who strikes the

colors or flag to an enemy without proper authority, shall be

punished by death or such other punishment as a court-martial may

direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 70.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

900 50:694. May 5, 1950, ch.

169, Sec. 1 (Art.

100), 64 Stat. 137.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 901. Art. 101. Improper use of countersign

-STATUTE-

Any person subject to this chapter who in time of war discloses

the parole or countersign to any person not entitled to receive it

or who gives to another who is entitled to receive and use the

parole or countersign a different parole or countersign from that

which, to his knowledge, he was authorized and required to give,

shall be punished by death or such other punishment as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 70.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

901 50:695. May 5, 1950, ch.

169, Sec. 1 (Art.

101), 64 Stat. 137.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 902. Art. 102. Forcing a safeguard

-STATUTE-

Any person subject to this chapter who forces a safeguard shall

suffer death or such other punishment as a court-martial may

direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 70.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

902 50:696. May 5, 1950, ch.

169, Sec. 1 (Art.

102), 64 Stat. 137.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 903. Art. 103. Captured or abandoned property

-STATUTE-

(a) All persons subject to this chapter shall secure all public

property taken from the enemy for the service of the United States,

and shall give notice and turn over to the proper authority without

delay all captured or abandoned property in their possession,

custody, or control.

(b) Any person subject to this chapter who -

(1) fails to carry out the duties prescribed in subsection (a);

(2) buys, sells, trades, or in any way deals in or disposes of

captured or abandoned property, whereby he receives or expects

any profit, benefit, or advantage to himself or another directly

or indirectly connected with himself; or

(3) engages in looting or pillaging;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 70.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

903(a) 903(b) 50:697(a). May 5, 1950, ch.

50:697(b). 169, Sec. 1 (Art.

103), 64 Stat. 138.

-------------------------------

In subsection (b)(1), the words ''of this section'' are omitted

as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 904. Art. 104. Aiding the enemy

-STATUTE-

Any person who -

(1) aids, or attempts to aid, the enemy with arms, ammunition,

supplies, money, or other things; or

(2) without proper authority, knowingly harbors or protects or

gives intelligence to, or communicates or corresponds with or

holds any intercourse with the enemy, either directly or

indirectly;

shall suffer death or such other punishment as a court-martial or

military commission may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 70.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

904 50:698. May 5, 1950, ch.

169, Sec. 1 (Art.

104), 64 Stat. 138.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title; title 5

section 8312; title 38 section 6105.

-CITE-

10 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 905. Art. 105. Misconduct as prisoner

-STATUTE-

Any person subject to this chapter who, while in the hands of the

enemy in time of war -

(1) for the purpose of securing favorable treatment by his

captors acts without proper authority in a manner contrary to

law, custom, or regulation, to the detriment of others of

whatever nationality held by the enemy as civilian or military

prisoners; or

(2) while in a position of authority over such persons

maltreats them without justifiable cause;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

905 50:699. May 5, 1950, ch.

169, Sec. 1 (Art.

105), 64 Stat. 138.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 906. Art. 106. Spies

-STATUTE-

Any person who in time of war is found lurking as a spy or acting

as a spy in or about any place, vessel, or aircraft, within the

control or jurisdiction of any of the armed forces, or in or about

any shipyard, any manufacturing or industrial plant, or any other

place or institution engaged in work in aid of the prosecution of

the war by the United States, or elsewhere, shall be tried by a

general court-martial or by a military commission and on conviction

shall be punished by death.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

906 50:700. May 5, 1950, ch.

169, Sec. 1 (Art.

106), 64 Stat. 138.

-------------------------------

The words ''of the United States'' are omitted as surplusage.

-EXEC-

PROCLAMATION NO. 2561. ENEMIES DENIED ACCESS TO UNITED STATES

COURTS

Proc. No. 2561, July 2, 1942, 7 F.R. 5101, 56 Stat. 1964,

provided:

Whereas the safety of the United States demands that all enemies

who have entered upon the territory of the United States as part of

an invasion or predatory incursion, or who have entered in order to

commit sabotage, espionage or other hostile or warlike acts, should

be promptly tried in accordance with the law of war;

Now, therefore, I, Franklin D. Roosevelt, President of the United

States of America and Commander in Chief of the Army and Navy of

the United States, by virtue of the authority vested in me by the

Constitution and the statutes of the United States, do hereby

proclaim that all persons who are subjects, citizens or residents

of any nation at war with the United States or who give obedience

to or act under the direction of any such nation, and who during

time of war enter or attempt to enter the United States or any

territory or possession thereof, through coastal or boundary

defenses, and are charged with committing or attempting or

preparing to commit sabotage, espionage, hostile or warlike acts,

or violations of the law of war, shall be subject to the law of war

and to the jurisdiction of military tribunals; and that such

persons shall not be privileged to seek any remedy or maintain any

proceeding directly or indirectly, or to have any such remedy or

proceeding sought on their behalf, in the courts of the United

States, or of its States, territories, and possessions, except

under such regulations as the Attorney General, with the approval

of the Secretary of War, may from time to time prescribe.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title; title 5

section 8312; title 38 section 6105.

-CITE-

10 USC Sec. 906a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 906a. Art. 106a. Espionage

-STATUTE-

(a)(1) Any person subject to this chapter who, with intent or

reason to believe that it is to be used to the injury of the United

States or to the advantage of a foreign nation, communicates,

delivers, or transmits, or attempts to communicate, deliver, or

transmit, to any entity described in paragraph (2), either directly

or indirectly, anything described in paragraph (3) shall be

punished as a court-martial may direct, except that if the accused

is found guilty of an offense that directly concerns (A) nuclear

weaponry, military spacecraft or satellites, early warning systems,

or other means of defense or retaliation against large scale

attack, (B) war plans, (C) communications intelligence or

cryptographic information, or (D) any other major weapons system or

major element of defense strategy, the accused shall be punished by

death or such other punishment as a court-martial may direct.

(2) An entity referred to in paragraph (1) is -

(A) a foreign government;

(B) a faction or party or military or naval force within a

foreign country, whether recognized or unrecognized by the United

States; or

(C) a representative, officer, agent, employee, subject, or

citizen of such a government, faction, party, or force.

(3) A thing referred to in paragraph (1) is a document, writing,

code book, signal book, sketch, photograph, photographic negative,

blueprint, plan, map, model, note, instrument, appliance, or

information relating to the national defense.

(b)(1) No person may be sentenced by court-martial to suffer

death for an offense under this section (article) unless -

(A) the members of the court-martial unanimously find at least

one of the aggravating factors set out in subsection (c); and

(B) the members unanimously determine that any extenuating or

mitigating circumstances are substantially outweighed by any

aggravating circumstances, including the aggravating factors set

out in subsection (c).

(2) Findings under this subsection may be based on -

(A) evidence introduced on the issue of guilt or innocence;

(B) evidence introduced during the sentencing proceeding; or

(C) all such evidence.

(3) The accused shall be given broad latitude to present matters

in extenuation and mitigation.

(c) A sentence of death may be adjudged by a court-martial for an

offense under this section (article) only if the members

unanimously find, beyond a reasonable doubt, one or more of the

following aggravating factors:

(1) The accused has been convicted of another offense involving

espionage or treason for which either a sentence of death or

imprisonment for life was authorized by statute.

(2) In the commission of the offense, the accused knowingly

created a grave risk of substantial damage to the national

security.

(3) In the commission of the offense, the accused knowingly

created a grave risk of death to another person.

(4) Any other factor that may be prescribed by the President by

regulations under section 836 of this title (article 36).

-SOURCE-

(Added Pub. L. 99-145, title V, Sec. 534(a), Nov. 8, 1985, 99 Stat.

634.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312.

-CITE-

10 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 907. Art. 107. False official statements

-STATUTE-

Any person subject to this chapter who, with intent to deceive,

signs any false record, return, regulation, order, or other

official document, knowing it to be false, or makes any other false

official statement knowing it to be false, shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

907 50:701. May 5, 1950, ch.

169, Sec. 1 (Art.

107), 64 Stat. 138.

-------------------------------

The word ''it'' is substituted for the words ''the same''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 908. Art. 108. Military property of United States - Loss,

damage, destruction, or wrongful disposition

-STATUTE-

Any person subject to this chapter who, without proper authority

-

(1) sells or otherwise disposes of;

(2) willfully or through neglect damages, destroys, or loses;

or

(3) willfully or through neglect suffers to be lost, damaged,

destroyed, sold, or wrongfully disposed of;

any military property of the United States, shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

908 50:702. May 5, 1950, ch.

169, Sec. 1 (Art.

108), 64 Stat. 138.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 909. Art. 109. Property other than military property of United

States - Waste, spoilage, or destruction

-STATUTE-

Any person subject to this chapter who willfully or recklessly

wastes, spoils, or otherwise willfully and wrongfully destroys or

damages any property other than military property of the United

States shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

909 50:703. May 5, 1950, ch.

169, Sec. 1 (Art.

109), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 910 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 910. Art. 110. Improper hazarding of vessel

-STATUTE-

(a) Any person subject to this chapter who willfully and

wrongfully hazards or suffers to be hazarded any vessel of the

armed forces shall suffer death or such other punishment as a

court-martial may direct.

(b) Any person subject to this chapter who negligently hazards or

suffers to be hazarded any vessel of the armed forces shall be

punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

910(a) 910(b) 50:704(a). May 5, 1950, ch.

50:704(b). 169, Sec. 1 (Art.

110), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 911 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 911. Art. 111. Drunken or reckless operation of a vehicle,

aircraft, or vessel

-STATUTE-

(a) Any person subject to this chapter who -

(1) operates or physically controls any vehicle, aircraft, or

vessel in a reckless or wanton manner or while impaired by a

substance described in section 912a(b) of this title (article

112a(b)), or

(2) operates or is in actual physical control of any vehicle,

aircraft, or vessel while drunk or when the alcohol concentration

in the person's blood or breath is in excess of the applicable

limit under subsection (b),

shall be punished as a court-martial may direct.

(b)(1) For purposes of subsection (a), the applicable limit on

the alcohol concentration in a person's blood or breath is as

follows:

(A) In the case of the operation or control of a vehicle,

aircraft, or vessel in the United States, such limit is the blood

alcohol content limit under the law of the State in which the

conduct occurred, except as may be provided under paragraph (2)

for conduct on a military installation that is in more than one

State and subject to the maximum blood alcohol content limit

specified in paragraph (3).

(B) In the case of the operation or control of a vehicle,

aircraft, or vessel outside the United States, the applicable

blood alcohol content limit is the maximum blood alcohol content

limit specified in paragraph (3) or such lower limit as the

Secretary of Defense may by regulation prescribe.

(2) In the case of a military installation that is in more than

one State, if those States have different blood alcohol content

limits under their respective State laws, the Secretary may select

one such blood alcohol content limit to apply uniformly on that

installation.

(3) For purposes of paragraph (1), the maximum blood alcohol

content limit with respect to alcohol concentration in a person's

blood is 0.10 grams of alcohol per 100 milliliters of blood and

with respect to alcohol concentration in a person's breath is 0.10

grams of alcohol per 210 liters of breath, as shown by chemical

analysis.

(4) In this subsection:

(A) The term ''blood alcohol content limit'' means the maximum

permissible alcohol concentration in a person's blood or breath

for purposes of operation or control of a vehicle, aircraft, or

vessel.

(B) The term ''United States'' includes the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, and American Samoa and the term ''State'' includes each of

those jurisdictions.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 99-570, title III,

Sec. 3055, Oct. 27, 1986, 100 Stat. 3207-76; Pub. L. 102-484, div.

A, title X, Sec. 1066(a)(1), Oct. 23, 1992, 106 Stat. 2506; Pub. L.

103-160, div. A, title V, Sec. 576(a), Nov. 30, 1993, 107 Stat.

1677; Pub. L. 107-107, div. A, title V, Sec. 581, Dec. 28, 2001,

115 Stat. 1123.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

911 50:705. May 5, 1950, ch.

169, Sec. 1 (Art.

111), 64 Stat. 139.

-------------------------------

AMENDMENTS

2001 - Pub. L. 107-107 designated existing provisions as subsec.

(a), substituted ''in excess of the applicable limit under

subsection (b)'' for ''0.10 grams or more of alcohol per 100

milliliters of blood or 0.10 grams or more of alcohol per 210

liters of breath, as shown by chemical analysis'' in par. (2), and

added subsec. (b).

1993 - Par. (2). Pub. L. 103-160 inserted ''or more'' after

''0.10 grams'' in two places.

1992 - Pub. L. 102-484 substituted ''operation of a vehicle,

aircraft, or vessel'' for ''driving'' in section catchline and

amended text generally. Prior to amendment, text read as follows:

''Any person subject to this chapter who operates any vehicle while

drunk, or in a reckless or wanton manner, or while impaired by a

substance described in section 912a(b) of this title (article

112a(b)), shall be punished as a court-martial may direct.''

1986 - Pub. L. 99-570 inserted ''or while impaired by a substance

described in section 912a(b) of this title (article 112a(b)),''.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 576(b) of Pub. L. 103-160 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect as

if included in the amendment to section 911 of title 10, United

States Code, made by section 1066(a)(1) of Public Law 102-484 on

October 23, 1992.''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and

applicable with respect to offenses committed on or after that

date, see section 1067 of Pub. L. 102-484, set out as a note under

section 803 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 912 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 912. Art. 112. Drunk on duty

-STATUTE-

Any person subject to this chapter other than a sentinel or

look-out, who is found drunk on duty, shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

912 50:706. May 5, 1950, ch.

169, Sec. 1 (Art.

112), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 912a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 912a. Art. 112a. Wrongful use, possession, etc., of controlled

substances

-STATUTE-

(a) Any person subject to this chapter who wrongfully uses,

possesses, manufacturers, distributes, imports into the customs

territory of the United States, exports from the United States, or

introduces into an installation, vessel, vehicle, or aircraft used

by or under the control of the armed forces a substance described

in subsection (b) shall be punished as a court-martial may direct.

(b) The substances referred to in subsection (a) are the

following:

(1) Opium, heroin, cocaine, amphetamine, lysergic acid

diethylamide, methamphetamine, phencyclidine, barbituric acid,

and marijuana and any compound or derivative of any such

substance.

(2) Any substance not specified in clause (1) that is listed on

a schedule of controlled substances prescribed by the President

for the purposes of this article.

(3) Any other substance not specified in clause (1) or

contained on a list prescribed by the President under clause (2)

that is listed in schedules I through V of section 202 of the

Controlled Substances Act (21 U.S.C. 812).

-SOURCE-

(Added Pub. L. 98-209, Sec. 8(a), Dec. 6, 1983, 97 Stat. 1403.)

-MISC1-

EFFECTIVE DATE

Section effective first day of eighth calendar month beginning

after Dec. 6, 1983, but not applicable to any offense committed

before that date and not to be construed to invalidate the

prosecution of any offense committed before that date, see section

12(a)(1), (5) of Pub. L. 98-209, set out as an Effective Date of

1983 Amendment note under section 801 of this title.

PROCEDURES FOR FORENSIC EXAMINATION OF CERTAIN PHYSIOLOGICAL

EVIDENCE

Pub. L. 100-180, div. A, title XII, Sec. 1248, Dec. 4, 1987, 101

Stat. 1166, provided that:

''(a) Establishment of Procedures. - The Secretary of Defense

shall establish procedures to ensure that whenever, in connection

with a criminal investigation conducted by or for a military

department, a physiological specimen is obtained from a person for

the purpose of determining whether that person has used a

controlled substance -

''(1) the specimen is in a condition that is suitable for

forensic examination when delivered to a forensic laboratory; and

''(2) the investigative agency that submits the specimen to the

laboratory receives a written statement of the results of the

forensic examination from the laboratory within such period as is

necessary to use such results in a court-martial or other

criminal proceeding resulting from the investigation.

''(b) Transportation of Specimens. - The procedures prescribed

under subsection (a) -

''(1) shall ensure that physiological specimens are preserved

and transported in accordance with valid medical and forensic

practices; and

''(2) insofar as practicable, shall require transportation of

the specimen to an appropriate laboratory by the most expeditious

means necessary to carry out the requirement in subsection

(a)(1).

''(c) Tests for Use of LSD. - Procedures established under

subsection (a) shall ensure that whenever the controlled substance

with respect to which a physiological specimen is to be examined is

lysergic acid diethylamide (LSD), the specimen is submitted to a

forensic laboratory that is capable of determining with a

reasonable degree of scientific certainty, on the basis of the

examination of that specimen, whether the person providing the

specimen has used lysergic acid diethylamide (LSD).

''(d) Rule of Construction. - Nothing in this section shall be

construed as providing a basis, that is not otherwise available in

law, for a defense to a charge or a motion for exclusion of

evidence or other appropriate relief in any criminal or

administrative proceeding.

''(e) Controlled Substances Covered. - For purposes of this

section, a controlled substance is a substance described in section

912a(b) of title 10, United States Code.

''(f) Report. - Not later than March 1, 1988, the Secretary of

Defense shall submit to the Committees on Armed Services of the

Senate and the House of Representatives, a report describing the

procedures established under this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 911 of this title.

-CITE-

10 USC Sec. 913 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 913. Art. 113. Misbehavior of sentinel

-STATUTE-

Any sentinel or look-out who is found drunk or sleeping upon his

post, or leaves it before he is regularly relieved, shall be

punished, if the offense is committed in time of war, by death or

such other punishment as a court-martial may direct, but if the

offense is committed at any other time, by such punishment other

than death as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

913 50:707. May 5, 1950, ch.

169, Sec. 1 (Art.

113), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 914 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 914. Art. 114. Dueling

-STATUTE-

Any person subject to this chapter who fights or promotes, or is

concerned in or connives at fighting a duel, or who, having

knowledge of a challenge sent or about to be sent, fails to report

the facts promptly to the proper authority, shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

914 50:708. May 5, 1950, ch.

169, Sec. 1 (Art.

114), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 915 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 915. Art. 115. Malingering

-STATUTE-

Any person subject to this chapter who for the purpose of

avoiding work, duty, or service -

(1) feigns illness, physical disablement, mental lapse or

derangement; or

(2) intentionally inflicts self-injury;

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

915 50:709. May 5, 1950, ch.

169, Sec. 1 (Art.

115), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 916 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 916. Art. 116. Riot or breach of peace

-STATUTE-

Any person subject to this chapter who causes or participates in

any riot or breach of the peace shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

916 50:710. May 5, 1950, ch.

169, Sec. 1 (Art.

116), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 917 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 917. Art. 117. Provoking speeches or gestures

-STATUTE-

Any person subject to this chapter who uses provoking or

reproachful words or gestures towards any other person subject to

this chapter shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

917 50:711. May 5, 1950, ch.

169, Sec. 1 (Art.

117), 64 Stat. 139.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 918 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 918. Art. 118. Murder

-STATUTE-

Any person subject to this chapter who, without justification or

excuse, unlawfully kills a human being, when he -

(1) has a premeditated design to kill;

(2) intends to kill or inflict great bodily harm;

(3) is engaged in an act which is inherently dangerous to

another and evinces a wanton disregard of human life; or

(4) is engaged in the perpetration or attempted perpetration of

burglary, sodomy, rape, robbery, or aggravated arson;

is guilty of murder, and shall suffer such punishment as a

court-martial may direct, except that if found guilty under clause

(1) or (4), he shall suffer death or imprisonment for life as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 102-484, div. A,

title X, Sec. 1066(b), Oct. 23, 1992, 106 Stat. 2506.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

918 50:712. May 5, 1950, ch.

169, Sec. 1 (Art.

118), 64 Stat. 140.

-------------------------------

The words ''of this section'' are omitted as surplusage.

AMENDMENTS

1992 - Par. (3). Pub. L. 102-484 substituted ''another'' for

''others''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and

applicable with respect to offenses committed on or after that

date, see section 1067 of Pub. L. 102-484, set out as a note under

section 803 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 919, 929, 937 of this

title.

-CITE-

10 USC Sec. 919 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 919. Art. 119. Manslaughter

-STATUTE-

(a) Any person subject to this chapter who, with an intent to

kill or inflict great bodily harm, unlawfully kills a human being

in the heat of sudden passion caused by adequate provocation is

guilty of voluntary manslaughter and shall be punished as a

court-martial may direct.

(b) Any person subject to this chapter who, without an intent to

kill or inflict great bodily harm, unlawfully kills a human being -

(1) by culpable negligence; or

(2) while perpetrating or attempting to perpetrate an offense,

other than those named in clause (4) of section 918 of this title

(article 118), directly affecting the person;

is guilty of involuntary manslaughter and shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 73.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

919(a) 919(b) 50:713(a). May 5, 1950, ch.

50:713(b). 169, Sec. 1 (Art.

119), 64 Stat. 140.

-------------------------------

The word ''named'' is substituted for the word ''specified''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 920 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 920. Art. 120. Rape and carnal knowledge

-STATUTE-

(a) Any person subject to this chapter who commits an act of

sexual intercourse, by force and without consent, is guilty of rape

and shall be punished by death or such other punishment as a

court-martial may direct.

(b) Any person subject to this chapter who, under circumstances

not amounting to rape, commits an act of sexual intercourse with a

person -

(1) who is not that person's spouse; and

(2) who has not attained the age of sixteen years;

is guilty of carnal knowledge and shall be punished as a

court-martial may direct.

(c) Penetration, however slight, is sufficient to complete either

of these offenses.

(d)(1) In a prosecution under subsection (b), it is an

affirmative defense that -

(A) the person with whom the accused committed the act of

sexual intercourse had at the time of the alleged offense

attained the age of twelve years; and

(B) the accused reasonably believed that that person had at the

time of the alleged offense attained the age of sixteen years.

(2) The accused has the burden of proving a defense under

paragraph (1) by a preponderance of the evidence.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 73; Pub. L. 102-484, div. A,

title X, Sec. 1066(c), Oct. 23, 1992, 106 Stat. 2506; Pub. L.

104-106, div. A, title XI, Sec. 1113, Feb. 10, 1996, 110 Stat.

462.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

920(a) 920(b) 920(c) 50:714(a). May 5, 1950, ch.

50:714(b). 169, Sec. 1 (Art.

50:714(c). 120), 64 Stat. 140.

-------------------------------

In subsection (c), the words ''either of'' are inserted for

clarity.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106, Sec. 1113(a), amended

subsec. (b) generally. Prior to amendment, subsec. (b) read as

follows: ''Any person subject to this chapter who, under

circumstances not amounting to rape, commits an act of sexual

intercourse with a female not his wife who has not attained the age

of sixteen years, is guilty of carnal knowledge and shall be

punished as a court-martial may direct.''

Subsec. (d). Pub. L. 104-106, Sec. 1113(b), added subsec. (d).

1992 - Subsec. (a). Pub. L. 102-484 struck out ''with a female

not his wife'' after ''intercourse'' and ''her'' after ''without''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and

applicable with respect to offenses committed on or after that

date, see section 1067 of Pub. L. 102-484, set out as a note under

section 803 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 921 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 921. Art. 121. Larceny and wrongful appropriation

-STATUTE-

(a) Any person subject to this chapter who wrongfully takes,

obtains, or withholds, by any means, from the possession of the

owner or of any other person any money, personal property, or

article of value of any kind -

(1) with intent permanently to deprive or defraud another

person of the use and benefit of property or to appropriate it to

his own use or the use of any person other than the owner, steals

that property and is guilty of larceny; or

(2) with intent temporarily to deprive or defraud another

person of the use and benefit of property or to appropriate it to

his own use or the use of any person other than the owner, is

guilty of wrongful appropriation.

(b) Any person found guilty of larceny or wrongful appropriation

shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 73.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

921(a) 921(b) 50:715(a). May 5, 1950, ch.

50:715(b). 169, Sec. 1 (Art.

121), 64 Stat. 140.

-------------------------------

In subsection (a), the words ''whatever'' and ''true'' are

omitted as surplusage. The word ''it'' is substituted for the

words ''the same'' in clauses (1) and (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 922 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 922. Art. 122. Robbery

-STATUTE-

Any person subject to this chapter who with intent to steal takes

anything of value from the person or in the presence of another,

against his will, by means of force or violence or fear of

immediate or future injury to his person or property or to the

person or property of a relative or member of his family or of

anyone in his company at the time of the robbery, is guilty of

robbery and shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 73.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

922 50:716. May 5, 1950, ch.

169, Sec. 1 (Art.

122), 64 Stat. 140.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 923 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 923. Art. 123. Forgery

-STATUTE-

Any person subject to this chapter who, with intent to defraud -

(1) falsely makes or alters any signature to, or any part of,

any writing which would, if genuine, apparently impose a legal

liability on another or change his legal right or liability to

his prejudice; or

(2) utters, offers, issues, or transfers such a writing, known

by him to be so made or altered;

is guilty of forgery and shall be punished as a court-martial may

direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

923 50:717. May 5, 1950, ch.

169, Sec. 1 (Art.

123), 64 Stat. 141.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 923a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 923a. Art. 123a. Making, drawing, or uttering check, draft, or

order without sufficient funds

-STATUTE-

Any person subject to this chapter who -

(1) for the procurement of any article or thing of value, with

intent to defraud; or

(2) for the payment of any past due obligation, or for any

other purpose, with intent to deceive;

makes, draws, utters, or delivers any check, draft, or order for

the payment of money upon any bank or other depository, knowing at

the time that the maker or drawer has not or will not have

sufficient funds in, or credit with, the bank or other depository

for the payment of that check, draft, or order in full upon its

presentment, shall be punished as a court-martial may direct. The

making, drawing, uttering, or delivering by a maker or drawer of a

check, draft, or order, payment of which is refused by the drawee

because of insufficient funds of the maker or drawer in the

drawee's possession or control, is prima facie evidence of his

intent to defraud or deceive and of his knowledge of insufficient

funds in, or credit with, that bank or other depository, unless the

maker or drawer pays the holder the amount due within five days

after receiving notice, orally or in writing, that the check,

draft, or order was not paid on presentment. In this section, the

word ''credit'' means an arrangement or understanding, express or

implied, with the bank or other depository for the payment of that

check, draft, or order.

-SOURCE-

(Added Pub. L. 87-385, Sec. 1(1), Oct. 4, 1961, 75 Stat. 814.)

-MISC1-

EFFECTIVE DATE

Section 2 of Pub. L. 87-385 provided that: ''This Act (enacting

this section) becomes effective on the first day of the fifth month

following the month in which it is enacted (October 1961).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 924 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 924. Art. 124. Maiming

-STATUTE-

Any person subject to this chapter who, with intent to injure,

disfigure, or disable, inflicts upon the person of another an

injury which -

(1) seriously disfigures his person by any mutilation thereof;

(2) destroys or disables any member or organ of his body; or

(3) seriously diminishes his physical vigor by the injury of

any member or organ;

is guilty of maiming and shall be punished as a court-martial may

direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

924 50:718. May 5, 1950, ch.

169, Sec. 1 (Art.

124), 64 Stat. 141.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 925 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 925. Art. 125. Sodomy

-STATUTE-

(a) Any person subject to this chapter who engages in unnatural

carnal copulation with another person of the same or opposite sex

or with an animal is guilty of sodomy. Penetration, however

slight, is sufficient to complete the offense.

(b) Any person found guilty of sodomy shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

925(a) 925(b) 50:719(a). May 5, 1950, ch.

50:719(b). 169, Sec. 1 (Art.

125), 64 Stat. 141.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 926 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 926. Art. 126. Arson

-STATUTE-

(a) Any person subject to this chapter who willfully and

maliciously burns or sets on fire an inhabited dwelling, or any

other structure, movable or immovable, wherein to the knowledge of

the offender there is at the time a human being, is guilty of

aggravated arson and shall be punished as a court-martial may

direct.

(b) Any person subject to this chapter who willfully and

maliciously burns or sets fire to the property of another, except

as provided in subsection (a), is guilty of simple arson and shall

be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

926(a) 926(b) 50:720(a). May 5, 1950, ch.

50:720(b). 169, Sec. 1 (Art.

126), 64 Stat. 141.

-------------------------------

In subsection (b), the words ''of this section'' are omitted as

surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 927 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 927. Art. 127. Extortion

-STATUTE-

Any person subject to this chapter who communicates threats to

another person with the intention thereby to obtain anything of

value or any acquittance, advantage, or immunity is guilty of

extortion and shall be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

927 50:721. May 5, 1950, ch.

169, Sec. 1 (Art.

127), 64 Stat. 141.

-------------------------------

The words ''of any description'' are omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 928 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 928. Art. 128. Assault

-STATUTE-

(a) Any person subject to this chapter who attempts or offers

with unlawful force or violence to do bodily harm to another

person, whether or not the attempt or offer is consummated, is

guilty of assault and shall be punished as a court-martial may

direct.

(b) Any person subject to this chapter who -

(1) commits an assault with a dangerous weapon or other means

or force likely to produce death or grievous bodily harm; or

(2) commits an assault and intentionally inflicts grievous

bodily harm with or without a weapon;

is guilty of aggravated assault and shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

928(a) 928(b) 50:722(a). May 5, 1950, ch.

50:722(b). 169, Sec. 1 (Art.

128), 64 Stat. 141.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 929, 937 of this title.

-CITE-

10 USC Sec. 929 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 929. Art. 129. Burglary

-STATUTE-

Any person subject to this chapter who, with intent to commit an

offense punishable under sections 918-928 of this title (articles

118-128), breaks and enters, in the nighttime, the dwelling house

of another, is guilty of burglary and shall be punished as a

court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

929 50:723. May 5, 1950, ch.

169, Sec. 1 (Art.

129), 64 Stat. 142.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 930 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 930. Art. 130. Housebreaking

-STATUTE-

Any person subject to this chapter who unlawfully enters the

building or structure of another with intent to commit a criminal

offense therein is guilty of housebreaking and shall be punished as

a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

930 50:724. May 5, 1950, ch.

169, Sec. 1 (Art.

130), 64 Stat. 142.

-------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 931 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 931. Art. 131. Perjury

-STATUTE-

Any person subject to this chapter who in a judicial proceeding

or in a course of justice willfully and corruptly -

(1) upon a lawful oath or in any form allowed by law to be

substituted for an oath, gives any false testimony material to

the issue or matter of inquiry; or

(2) in any declaration, certificate, verification, or statement

under penalty of perjury as permitted under section 1746 of title

28, subscribes any false statement material to the issue or

matter of inquiry;

is guilty of perjury and shall be punished as a court-martial may

direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 94-550, Sec. 3,

Oct. 18, 1976, 90 Stat. 2535; Pub. L. 97-295, Sec. 1(13), Oct. 12,

1982, 96 Stat. 1289.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

931 50:725. May 5, 1950, ch.

169, Sec. 1 (Art.

131), 64 Stat. 142.

-------------------------------

The words ''in a'' are inserted before the words ''course of

justice''.

AMENDMENTS

1982 - Par. (2). Pub. L. 97-295 struck out ''United States

Code,'' after ''title 28,''.

1976 - Pub. L. 94-550 divided existing provisions into an

introductory phrase, par. (1), and a closing phrase, and added par.

(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 932 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 932. Art. 132. Frauds against the United States

-STATUTE-

Any person subject to this chapter -

(1) who, knowing it to be false or fraudulent -

(A) makes any claim against the United States or any officer

thereof; or

(B) presents to any person in the civil or military service

thereof, for approval or payment, any claim against the United

States or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance,

or payment of any claim against the United States or any officer

thereof -

(A) makes or uses any writing or other paper knowing it to

contain any false or fraudulent statements;

(B) makes any oath to any fact or to any writing or other

paper knowing the oath to be false; or

(C) forges or counterfeits any signature upon any writing or

other paper, or uses any such signature knowing it to be forged

or counterfeited;

(3) who, having charge, possession, custody or control of any

money, or other property of the United States, furnished or

intended for the armed forces thereof, knowingly delivers to any

person having authority to receive it, any amount thereof less

than that for which he receives a certificate or receipt; or

(4) who, being authorized to make or deliver any paper

certifying the receipt of any property of the United States

furnished or intended for the armed forces thereof, makes or

delivers to any person such writing without having full knowledge

of the truth of the statements therein contained and with intent

to defraud the United States;

shall, upon conviction, be punished as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

932 50:726. May 5, 1950, ch.

169, Sec. 1 (Art.

132), 64 Stat. 142.

-------------------------------

The word ''it'' is substituted for the words ''the same''

throughout the revised section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 933 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 933. Art. 133. Conduct unbecoming an officer and a gentleman

-STATUTE-

Any commissioned officer, cadet, or midshipman who is convicted

of conduct unbecoming an officer and a gentleman shall be punished

as a court-martial may direct.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

933 50:727. May 5, 1950, ch.

169, Sec. 1 (Art.

133), 64 Stat. 142.

-------------------------------

The word ''commissioned'' is inserted for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 934 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-

Sec. 934. Art. 134. General article

-STATUTE-

Though not specifically mentioned in this chapter, all disorders

and neglects to the prejudice of good order and discipline in the

armed forces, all conduct of a nature to bring discredit upon the

armed forces, and crimes and offenses not capital, of which persons

subject to this chapter may be guilty, shall be taken cognizance of

by a general, special, or summary court-martial, according to the

nature and degree of the offense, and shall be punished at the

discretion of that court.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

934 50:728. May 5, 1950, ch.

169, Sec. 1 (Art.

134), 64 Stat. 142.

-------------------------------

The words ''shall be'' are inserted before the word ''punished''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC SUBCHAPTER XI - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

935. 135. Courts of inquiry.

936. 136. Authority to

administer oaths

and to act as

notary.

937. 137. Articles to be

explained.

938. 138. Complaints of

wrongs.

939. 139. Redress of injuries

to property.

940. 140. Delegation by the

President.

-------------------------------

-CITE-

10 USC Sec. 935 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 935. Art. 135. Courts of inquiry

-STATUTE-

(a) Courts of inquiry to investigate any matter may be convened

by any person authorized to convene a general court-martial or by

any other person designated by the Secretary concerned for that

purpose, whether or not the persons involved have requested such an

inquiry.

(b) A court of inquiry consists of three or more commissioned

officers. For each court of inquiry the convening authority shall

also appoint counsel for the court.

(c) Any person subject to this chapter whose conduct is subject

to inquiry shall be designated as a party. Any person subject to

this chapter or employed by the Department of Defense who has a

direct interest in the subject of inquiry has the right to be

designated as a party upon request to the court. Any person

designated as a party shall be given due notice and has the right

to be present, to be represented by counsel, to cross-examine

witnesses, and to introduce evidence.

(d) Members of a court of inquiry may be challenged by a party,

but only for cause stated to the court.

(e) The members, counsel, the reporter, and interpreters of

courts of inquiry shall take an oath to faithfully perform their

duties.

(f) Witnesses may be summoned to appear and testify and be

examined before courts of inquiry, as provided for courts-martial.

(g) Courts of inquiry shall make findings of fact but may not

express opinions or make recommendations unless required to do so

by the convening authority.

(h) Each court of inquiry shall keep a record of its proceedings,

which shall be authenticated by the signatures of the president and

counsel for the court and forwarded to the convening authority. If

the record cannot be authenticated by the president, it shall be

signed by a member in lieu of the president. If the record cannot

be authenticated by the counsel for the court, it shall be signed

by a member in lieu of the counsel.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

935(a) 935(b) 935(c) 50:731(a). May 5, 1950, ch.

50:731(b). 169, Sec. 1 (Art.

50:731(c). 135), 64 Stat. 143.

935(d) 50:731(d).

935(e) 50:731(e).

935(f) 50:731(f).

935(g) 50:731(g).

935(h) 50:731(h).

-------------------------------

In subsection (a), the words ''Secretary concerned'' are

substituted for the words ''Secretary of a Department''.

In subsection (b), the word ''commissioned'' is inserted for

clarity. The word ''consists'' is substituted for the words

''shall consist''.

In subsection (c), the word ''has'' is substituted for the words

''shall have''.

In subsection (e), the words ''or affirmation'' are omitted as

covered by the definition of the word ''oath'' in section 1 of

title 1.

In subsection (g), the word ''may'' is substituted for the word

''shall''.

In subsection (h), the word ''If'' is substituted for the words

''In case''.

-CITE-

10 USC Sec. 936 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 936. Art. 136. Authority to administer oaths and to act as

notary

-STATUTE-

(a) The following persons on active duty or performing

inactive-duty training may administer oaths for the purposes of

military administration, including military justice:

(1) All judge advocates.

(2) All summary courts-martial.

(3) All adjutants, assistant adjutants, acting adjutants, and

personnel adjutants.

(4) All commanding officers of the Navy, Marine Corps, and

Coast Guard.

(5) All staff judge advocates and legal officers, and acting or

assistant staff judge advocates and legal officers.

(6) All other persons designated by regulations of the armed

forces or by statute.

(b) The following persons on active duty or performing

inactive-duty training may administer oaths necessary in the

performance of their duties:

(1) The president, military judge, trial counsel, and assistant

trial counsel for all general and special courts-martial.

(2) The president and the counsel for the court of any court of

inquiry.

(3) All officers designated to take a deposition.

(4) All persons detailed to conduct an investigation.

(5) All recruiting officers.

(6) All other persons designated by regulations of the armed

forces or by statute.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 77; Pub. L. 86-589, July 5,

1960, 74 Stat. 329; Pub. L. 90-179, Sec. 1(7), Dec. 8, 1967, 81

Stat. 546; Pub. L. 90-632, Sec. 2(34), Oct. 24, 1968, 82 Stat.

1343; Pub. L. 98-209, Sec. 2(f), Dec. 6, 1983, 97 Stat. 1393; Pub.

L. 99-661, div. A, title VIII, Sec. 804(c), Nov. 14, 1986, 100

Stat. 3907; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1),

Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101-510, div. A, title V,

Sec. 551(b), Nov. 5, 1990, 104 Stat. 1566.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

936(a) 936(b) 936(c) 50:732(a). May 5, 1950, ch.

50:732(b). 169, Sec. 1 (Art.

50:732(c). 136), 64 Stat. 143.

936(d) 50:732(d).

-------------------------------

In subsection (a), the word ''may'' is substituted for the words

''shall have authority to''. The word ''shall'' before the words

''have the general powers'' is omitted as surplusage. The words

''the continental limits'' are omitted, since section 101(1) of

this title defines the United States to include the States and the

District of Columbia.

In subsections (a) and (b), the words ''in the armed forces'' are

omitted as surplusage.

In subsection (b), the word ''may'' is substituted for the words

''shall have authority to''.

In subsection (c), the words ''of any character'' are omitted as

surplusage. The word ''may'' is substituted for the word

''shall''.

In subsection (d), the word ''is'' is substituted for the words

''shall be''.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-510, Sec. 551(b)(1), struck out

'', and have the general powers of a notary public and of a consul

of the United States, in the performance of all notarial acts to be

executed by members of any of the armed forces, wherever they may

be, by persons serving with, employed by, or accompanying the armed

forces outside the United States and outside Puerto Rico, Guam, and

the Virgin Islands, and by other persons subject to this chapter

outside of the United States'' after ''including military justice''

in introductory provisions.

Subsecs. (c), (d). Pub. L. 101-510, Sec. 551(b)(2), struck out

subsecs. (c) and (d) which read as follows:

''(c) No fee may be paid to or received by any person for the

performance of any notarial act herein authorized.

''(d) The signature without seal of any such person acting as

notary, together with the title of his office, is prima facie

evidence of his authority.''

1988 - Subsec. (a). Pub. L. 100-456 struck out ''the Canal

Zone,'' before ''Puerto Rico,''.

1986 - Subsecs. (a), (b). Pub. L. 99-661 inserted ''or performing

inactive-duty training'' after ''active duty''.

1983 - Subsec. (a)(1). Pub. L. 98-209, Sec. 2(f)(1), struck out

''of the Army, Navy, Air Force, and Marine Corps'' after ''All

judge advocates''.

Subsec. (a)(2) to (7). Pub. L. 98-209, Sec. 2(f)(2), struck out

par. (2) which included law specialists among those persons

authorized to administer oaths and to act as notaries under this

section, and redesignated pars. (3) to (7) as (2) to (6),

respectively.

1968 - Subsec. (b). Pub. L. 90-632 substituted ''military judge''

for ''law officer'' in par. (1).

1967 - Subsec. (a)(1). Pub. L. 90-179 inserted references to

judge advocates of the Navy and the Marine Corps.

1960 - Subsec. (a). Pub. L. 86-589 permitted the administration

of oaths and the performance of notarial acts for persons serving,

employed by, or accompanying the armed forces outside the United

States and outside the Canal Zone, Puerto Rico, Guam, and the

Virgin Islands.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661 effective the earlier of (1) the last

day of the 120-day period beginning on Nov. 14, 1986; or (2) the

date specified in an Executive order for such amendment to take

effect, see section 808 of Pub. L. 99-661, set out as a note under

section 802 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-209 effective first day of eighth

calendar month beginning after Dec. 6, 1983, see section 12(a)(1)

of Pub. L. 98-209, set out as a note under section 801 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-632 effective first day of tenth month

following October 1968, see section 4 of Pub. L. 90-632, set out as

a note under section 801 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 937 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 937. Art. 137. Articles to be explained

-STATUTE-

(a)(1) The sections of this title (articles of the Uniform Code

of Military Justice) specified in paragraph (3) shall be carefully

explained to each enlisted member at the time of (or within

fourteen days after) -

(A) the member's initial entrance on active duty; or

(B) the member's initial entrance into a duty status with a

reserve component.

(2) Such sections (articles) shall be explained again -

(A) after the member has completed six months of active duty

or, in the case of a member of a reserve component, after the

member has completed basic or recruit training; and

(B) at the time when the member reenlists.

(3) This subsection applies with respect to sections 802, 803,

807-815, 825, 827, 831, 837, 838, 855, 877-934, and 937-939 of this

title (articles 2, 3, 7-15, 25, 27, 31, 37, 38, 55, 77-134, and

137-139).

(b) The text of the Uniform Code of Military Justice and of the

regulations prescribed by the President under such Code shall be

made available to a member on active duty or to a member of a

reserve component, upon request by the member, for the member's

personal examination.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99-661, div. A,

title VIII, Sec. 804(d), Nov. 14, 1986, 100 Stat. 3907; Pub. L.

104-106, div. A, title XI, Sec. 1152, Feb. 10, 1996, 110 Stat.

468.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

937 50:733. May 5, 1950, ch.

169, Sec. 1 (Art.

137), 64 Stat. 144.

-------------------------------

The word ''each'' is substituted for the word ''every''. The word

''member'' is substituted for the word ''person''. The words ''in

(any of) the armed forces of the United States'' are omitted as

surplusage.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in subsecs.

(a)(1) and (b), is classified to this chapter.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-106 substituted ''within

fourteen days'' for ''within six days''.

1986 - Pub. L. 99-661 amended section generally, inserting

provisions relating to reserve components.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661 effective the earlier of (1) the last

day of the 120-day period beginning on Nov. 14, 1986; or (2) the

date specified in an Executive order for such amendment to take

effect, see section 808 of Pub. L. 99-661, set out as a note under

section 802 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 654 of this title.

-CITE-

10 USC Sec. 938 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 938. Art. 138. Complaints of wrongs

-STATUTE-

Any member of the armed forces who believes himself wronged by

his commanding officer, and who, upon due application to that

commanding officer, is refused redress, may complain to any

superior commissioned officer, who shall forward the complaint to

the officer exercising general court-martial jurisdiction over the

officer against whom it is made. The officer exercising general

court-martial jurisdiction shall examine into the complaint and

take proper measures for redressing the wrong complained of; and he

shall, as soon as possible, send to the Secretary concerned a true

statement of that complaint, with the proceedings had thereon.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

938 50:734. May 5, 1950, ch.

169, Sec. 1 (Art.

138), 64 Stat. 144.

-------------------------------

The words ''commanding officer'' are substituted for the word

''commander''. The word ''who'' is inserted after the word ''and''.

The word ''commissioned'' is inserted after the word ''superior''

for clarity. The words ''The officer exercising general

court-martial jurisdiction'' are substituted for the words ''That

officer'' for clarity. The word ''send'' is substituted for the

word ''transmit''. The word ''Secretary'' is substituted for the

word ''Department'' for accuracy, since the ''Department'', as an

entity, could not act upon the complaint.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 939 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 939. Art. 139. Redress of injuries to property

-STATUTE-

(a) Whenever complaint is made to any commanding officer that

willful damage has been done to the property of any person or that

his property has been wrongfully taken by members of the armed

forces, he may, under such regulations as the Secretary concerned

may prescribe, convene a board to investigate the complaint. The

board shall consist of from one to three commissioned officers and,

for the purpose of that investigation, it has power to summon

witnesses and examine them upon oath, to receive depositions or

other documentary evidence, and to assess the damages sustained

against the responsible parties. The assessment of damages made by

the board is subject to the approval of the commanding officer, and

in the amount approved by him shall be charged against the pay of

the offenders. The order of the commanding officer directing

charges herein authorized is conclusive on any disbursing officer

for the payment by him to the injured parties of the damages so

assessed and approved.

(b) If the offenders cannot be ascertained, but the organization

or detachment to which they belong is known, charges totaling the

amount of damages assessed and approved may be made in such

proportion as may be considered just upon the individual members

thereof who are shown to have been present at the scene at the time

the damages complained of were inflicted, as determined by the

approved findings of the board.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

939(a) 939(b) 50:735(a). May 5, 1950, ch.

50:735(b). 169, Sec. 1 (Art.

139), 64 Stat. 144.

-------------------------------

In subsection (a), the words ''Secretary concerned'' are

substituted for the words ''Secretary of the Department''. The word

''under'' is substituted for the words ''subject to''. The words

''or affirmation'' are omitted as covered by the definition of the

word ''oath'' in section 1 of title 1. The words ''it has'' are

substituted for the words ''shall have'' in the second sentence.

The word ''is'' is substituted for the words ''shall be'' before

the words ''subject'' and ''conclusive''. The word ''commissioned''

is inserted for clarity.

In subsection (b), the word ''If'' is substituted for the word

''Where''. The word ''considered'' is substituted for the word

''deemed''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 937 of this title.

-CITE-

10 USC Sec. 940 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 940. Art. 140. Delegation by the President

-STATUTE-

The President may delegate any authority vested in him under this

chapter, and provide for the subdelegation of any such authority.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

940 50:736. May 5, 1950, ch.

169, Sec. 1 (Art.

140), 64 Stat. 145.

-------------------------------

The word ''may'' is substituted for the words ''is authorized to

* * * to''.

-CITE-

10 USC SUBCHAPTER XII - UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

.

-HEAD-

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-MISC1-

---------------------------------------------------------------------

Sec. Art.

---------------------------------------------------------------------

941. 141. Status.

942. 142. Judges.

943. 143. Organization and

employees.

944. 144. Procedure.

945. 145. Annuities for judges

and survivors.

946. 146. Code committee.

-------------------------------

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title IX, Sec. 924(c)(3)(A),

Oct. 5, 1994, 108 Stat. 2831, substituted ''UNITED STATES COURT OF

APPEALS FOR THE ARMED FORCES'' for ''COURT OF MILITARY APPEALS'' as

subchapter heading.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(i)(2), Nov.

5, 1990, 104 Stat. 1718, redesignated subchapter XI as XII.

-CITE-

10 USC Sec. 941 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-HEAD-

Sec. 941. Art. 141. Status

-STATUTE-

There is a court of record known as the United States Court of

Appeals for the Armed Forces. The court is established under

article I of the Constitution. The court is located for

administrative purposes only in the Department of Defense.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,

1989, 103 Stat. 1570; amended Pub. L. 103-337, div. A, title IX,

Sec. 924(a)(2), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''Court of Appeals for the

Armed Forces'' for ''Court of Military Appeals''.

-CHANGE-

CHANGE OF NAME

Section 924(a)(1) of Pub. L. 103-337 provided that: ''The United

States Court of Military Appeals shall hereafter be known and

designated as the United States Court of Appeals for the Armed

Forces.''

-CITE-

10 USC Sec. 942 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-HEAD-

Sec. 942. Art. 142. Judges

-STATUTE-

(a) Number. - The United States Court of Appeals for the Armed

Forces consists of five judges.

(b) Appointment; Qualification. - (1) Each judge of the court

shall be appointed from civilian life by the President, by and with

the advice and consent of the Senate, for a specified term

determined under paragraph (2). A judge may serve as a senior judge

as provided in subsection (e).

(2) The term of a judge shall expire as follows:

(A) In the case of a judge who is appointed after March 31 and

before October 1 of any year, the term shall expire on September

30 of the year in which the fifteenth anniversary of the

appointment occurs.

(B) In the case of a judge who is appointed after September 30

of any year and before April 1 of the following year, the term

shall expire fifteen years after such September 30.

(3) Not more than three of the judges of the court may be

appointed from the same political party, and no person may be

appointed to be a judge of the court unless the person is a member

of the bar of a Federal court or the highest court of a State.

(4) For purposes of appointment of judges to the court, a person

retired from the armed forces after 20 or more years of active

service (whether or not such person is on the retired list) shall

not be considered to be in civilian life.

(c) Removal. - Judges of the court may be removed from office by

the President, upon notice and hearing, for -

(1) neglect of duty;

(2) misconduct; or

(3) mental or physical disability.

A judge may not be removed by the President for any other cause.

(d) Pay and Allowances. - Each judge of the court is entitled to

the same salary and travel allowances as are, and from time to time

may be, provided for judges of the United States Courts of Appeals.

(e) Senior Judges. - (1)(A) A former judge of the court who is

receiving retired pay or an annuity under section 945 of this title

(article 145) or under subchapter III of chapter 83 or chapter 84

of title 5 shall be a senior judge. The chief judge of the court

may call upon an individual who is a senior judge of the court

under this subparagraph, with the consent of the senior judge, to

perform judicial duties with the court -

(i) during a period a judge of the court is unable to perform

his duties because of illness or other disability;

(ii) during a period in which a position of judge of the court

is vacant; or

(iii) in any case in which a judge of the court recuses

himself.

(B) If, at the time the term of a judge expires, no successor to

that judge has been appointed, the chief judge of the court may

call upon that judge (with that judge's consent) to continue to

perform judicial duties with the court until the vacancy is

filled. A judge who, upon the expiration of the judge's term,

continues to perform judicial duties with the court without a break

in service under this subparagraph shall be a senior judge while

such service continues.

(2) A senior judge shall be paid for each day on which he

performs judicial duties with the court an amount equal to the

daily equivalent of the annual rate of pay provided for a judge of

the court. Such pay shall be in lieu of retired pay and in lieu of

an annuity under section 945 of this title (article 145),

subchapter III of chapter 83 or subchapter II of chapter 84 of

title 5, or any other retirement system for employees of the

Federal Government.

(3) A senior judge, while performing duties referred to in

paragraph (1), shall be provided with such office space and staff

assistance as the chief judge considers appropriate and shall be

entitled to the per diem, travel allowances, and other allowances

provided for judges of the court.

(4) A senior judge shall be considered to be an officer or

employee of the United States with respect to his status as a

senior judge, but only during periods the senior judge is

performing duties referred to in paragraph (1). For the purposes of

section 205 of title 18, a senior judge shall be considered to be a

special government employee during such periods. Any provision of

law that prohibits or limits the political or business activities

of an employee of the United States shall apply to a senior judge

only during such periods.

(5) The court shall prescribe rules for the use and conduct of

senior judges of the court. The chief judge of the court shall

transmit such rules, and any amendments to such rules, to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives not later than 15

days after the issuance of such rules or amendments, as the case

may be.

(6) For purposes of subchapter III of chapter 83 of title 5

(relating to the Civil Service Retirement and Disability System)

and chapter 84 of such title (relating to the Federal Employees'

Retirement System) and for purposes of any other Federal Government

retirement system for employees of the Federal Government -

(A) a period during which a senior judge performs duties

referred to in paragraph (1) shall not be considered creditable

service;

(B) no amount shall be withheld from the pay of a senior judge

as a retirement contribution under section 8334, 8343, 8422, or

8432 of title 5 or under any other such retirement system for any

period during which the senior judge performs duties referred to

in paragraph (1);

(C) no contribution shall be made by the Federal Government to

any retirement system with respect to a senior judge for any

period during which the senior judge performs duties referred to

in paragraph (1); and

(D) a senior judge shall not be considered to be a reemployed

annuitant for any period during which the senior judge performs

duties referred to in paragraph (1).

(f) Service of Article III Judges. - (1) The Chief Justice of the

United States, upon the request of the chief judge of the court,

may designate a judge of a United States court of appeals or of a

United States district court to perform the duties of judge of the

United States Court of Appeals for the Armed Forces -

(A) during a period a judge of the court is unable to perform

his duties because of illness or other disability;

(B) in any case in which a judge of the court recuses himself;

or

(C) during a period when there is a vacancy on the court and in

the opinion of the chief judge of the court such a designation is

necessary for the proper dispatch of the business of the court.

(2) The chief judge of the court may not request that a

designation be made under paragraph (1) unless the chief judge has

determined that no person is available to perform judicial duties

with the court as a senior judge under subsection (e).

(3) A designation under paragraph (1) may be made only with the

consent of the designated judge and the concurrence of the chief

judge of the court of appeals or district court concerned.

(4) Per diem, travel allowances, and other allowances paid to the

designated judge in connection with the performance of duties for

the court shall be paid from funds available for the payment of per

diem and such allowances for judges of the court.

(g) Effect of Vacancy on Court. - A vacancy on the court does not

impair the right of the remaining judges to exercise the powers of

the court.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,

1989, 103 Stat. 1570; amended Pub. L. 101-510, div. A, title V,

Sec. 541(f), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 102-190, div.

A, title X, Sec. 1061(b)(1)(A), (B), (2), Dec. 5, 1991, 105 Stat.

1474; Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), Oct. 5,

1994, 108 Stat. 2831; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A,

title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (e)(5). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (e)(5). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and the House of Representatives''.

1994 - Subsecs. (a), (f)(1). Pub. L. 103-337 substituted ''Court

of Appeals for the Armed Forces'' for ''Court of Military

Appeals''.

1991 - Subsec. (e)(1). Pub. L. 102-190, Sec.

1061(b)(1)(A)(i)-(iv), designated existing provisions as subpar.

(A), struck out ''(2)(A)'' before ''The chief judge'', moved

sentence beginning ''The chief judge of the court'' to end of par.

(1)(A), substituted ''an individual who is a senior judge of the

court under this subparagraph'' for ''a senior judge of the

court'', and added subpar. (B).

Subsec. (e)(2). Pub. L. 102-190, Sec. 1061(b)(1)(A)(ii), (v),

redesignated par. (2)(B) as (2) and incorporated former par. (2)(A)

into par. (1)(A).

Subsec. (e)(3), (4), (6). Pub. L. 102-190, Sec. 1061(b)(1)(B),

substituted ''paragraph (1)'' for ''paragraph (2)'' wherever

appearing.

Subsec. (f)(1)(C). Pub. L. 102-190, Sec. 1061(b)(2)(A), added

subpar. (C).

Subsec. (f)(2) to (4). Pub. L. 102-190, Sec. 1061(b)(2)(B), (C),

added par. (2) and redesignated former pars. (2) and (3) as (3) and

(4), respectively.

1990 - Subsec. (b)(1). Pub. L. 101-510, Sec. 541(f)(1),

substituted ''civilian life'' for ''civil life''.

Subsec. (b)(4). Pub. L. 101-510, Sec. 541(f)(2), added par. (4).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 1061(b)(1)(D) of Pub. L. 102-190 provided that: ''The

amendments made by this paragraph (amending this section and

section 945 of this title) shall take effect as of November 29,

1989.''

EFFECTIVE DATE FOR REPEAL OF TERMINATION OF AUTHORITY FOR CHIEF

JUSTICE OF UNITED STATES TO DESIGNATE ARTICLE III JUDGES FOR

TEMPORARY SERVICE ON COURT OF APPEALS FOR THE ARMED FORCES

Pub. L. 104-201, div. A, title X, Sec. 1074(c)(2), Sept. 23,

1996, 110 Stat. 2660, provided that: ''The authority provided under

section 942(f) of title 10, United States Code, shall be effective

as if section 1142 of the National Defense Authorization Act for

Fiscal Year 1996 (Public Law 104-106; 110 Stat. 467) (repealing

section 1301(i) of Pub. L. 101-189, set out below) had been enacted

on September 29, 1995.''

TRANSITIONAL PROVISIONS

Section 1301(d)-(i) of Pub. L. 101-189, as amended by Pub. L.

104-106, div. A, title XI, Sec. 1142, Feb. 10, 1996, 110 Stat.

467; Pub. L. 104-201, div. A, title X, Sec. 1068(c), Sept. 23,

1996, 110 Stat. 2655, provided that:

''(d) Transition From Three-Judge Court to Five-Judge Court. -

(1) Effective during the period before October 1, 1990 -

''(A) the number of members of the United States Court of

Military Appeals (now United States Court of Appeals for the

Armed Forces) shall (notwithstanding subsection (a) of section

942 of title 10, United States Code, as enacted by subsection

(c)) be three; and

''(B) the maximum number of members of the court who may be

appointed from the same political party shall (notwithstanding

subsection (b)(3) of section 942) be two.

''(2) In the application of paragraph (2) of section 942(b) of

title 10, United States Code (as enacted by subsection (c)) to the

judge who is first appointed to one of the two new positions of the

court created as of October 1, 1990, as designated by the President

at the time of appointment, the anniversary referred to in

subparagraph (A) of that paragraph shall be treated as being the

seventh anniversary and the number of years referred to in

subparagraph (B) of that paragraph shall be treated as being seven.

''(e) Transition Rules Relating to Retirement of New Judges. -

(1) Except as otherwise provided in paragraphs (2) and (3), a judge

to whom subsection (d)(2) applies shall be eligible for an annuity

as provided in section 945 of title 10, United States Code, as

enacted by subsection (c).

''(2) The annuity of a judge referred to in paragraph (1) is

computed under subsection (b) of such section 945 only if the judge

-

''(A) completes the term of service for which he is first

appointed;

''(B) is reappointed as a judge of the United States Court of

Military Appeals (now United States Court of Appeals for the

Armed Forces) at any time after the completion of such term of

service;

''(C) is separated from civilian service in the Federal

Government after completing a total of 15 years as a judge of

such court; and

''(D) elects to receive an annuity under such section in

accordance with subsection (a)(2) of such section.

''(3) In the case of a judge referred to in paragraph (1) who is

separated from civilian service after completing the term of

service for which he is first appointed as a judge of the United

States Court of Military Appeals (now United States Court of

Appeals for the Armed Forces) and before completing a total of 15

years as a judge of such court, the annuity of such judge (if

elected in accordance with section 945(a)(2) of title 10, United

States Code) shall be 1/15 of the amount computed under subsection

(b) of such section times the number of years (including any

fraction thereof) of such judge's service as a judge of the court.

''(f) Applicability of Amended Retirement Provisions. - Except as

otherwise provided in subsections (c) and (d), section 945 of title

10, United States Code, as enacted by subsection (c), applies with

respect to judges of the United States Court of Military Appeals

(now United States Court of Appeals for the Armed Forces) whose

terms of service on such court end after September 28, 1988, and to

the survivors of such judges.

''(g) Terms of Current Judges. - Section 942(b) of title 10,

United States Code, as enacted by subsection (c), shall not apply

to the term of office of a judge of the United States Court of

Military Appeals (now United States Court of Appeals for the Armed

Forces) serving on such court on the date of the enactment of this

Act (Nov. 29, 1989). The term of office of such a judge shall

expire on the later of (A) the date the term of such judge would

have expired under section 867(a)(1) of title 10, United States

Code, as in effect on the day before such date of enactment, or (B)

September 30 of the year in which the term of such judge would have

expired under such section 867(a)(1).

''(h) Civil Service Status of Current Employees. - Section 943(c)

of title 10, United States Code, as enacted by subsection (c),

shall not be applied to change the civil service status of any

attorney who is an employee of the United States Court of Military

Appeals (now United States Court of Appeals for the Armed Forces)

on the day before the date of the enactment of this Act (Nov. 29,

1989).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 945 of this title; title 5

section 8337.

-CITE-

10 USC Sec. 943 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-HEAD-

Sec. 943. Art. 143. Organization and employees

-STATUTE-

(a) Chief Judge. - (1) The chief judge of the United States Court

of Appeals for the Armed Forces shall be the judge of the court in

regular active service who is senior in commission among the judges

of the court who -

(A) have served for one or more years as judges of the court;

and

(B) have not previously served as chief judge.

(2) In any case in which there is no judge of the court in

regular active service who has served as a judge of the court for

at least one year, the judge of the court in regular active service

who is senior in commission and has not served previously as chief

judge shall act as the chief judge.

(3) Except as provided in paragraph (4), a judge of the court

shall serve as the chief judge under paragraph (1) for a term of

five years. If no other judge is eligible under paragraph (1) to

serve as chief judge upon the expiration of that term, the chief

judge shall continue to serve as chief judge until another judge

becomes eligible under that paragraph to serve as chief judge.

(4)(A) The term of a chief judge shall be terminated before the

end of five years if -

(i) the chief judge leaves regular active service as a judge of

the court; or

(ii) the chief judge notifies the other judges of the court in

writing that such judge desires to be relieved of his duties as

chief judge.

(B) The effective date of a termination of the term under

subparagraph (A) shall be the date on which the chief judge leaves

regular active service or the date of the notification under

subparagraph (A)(ii), as the case may be.

(5) If a chief judge is temporarily unable to perform his duties

as a chief judge, the duties shall be performed by the judge of the

court in active service who is present, able and qualified to act,

and is next in precedence.

(b) Precedence of Judges. - The chief judge of the court shall

have precedence and preside at any session that he attends. The

other judges shall have precedence and preside according to the

seniority of their original commissions. Judges whose commissions

bear the same date shall have precedence according to seniority in

age.

(c) Status of Certain Positions. - (1) Attorney positions of

employment under the Court of Appeals for the Armed Forces are

excepted from the competitive service. A position of employment

under the court that is provided primarily for the service of one

judge of the court, reports directly to the judge, and is a

position of a confidential character is excepted from the

competitive service. Appointments to positions referred to in the

preceding sentences shall be made by the court, without the

concurrence of any other officer or employee of the executive

branch, in the same manner as appointments are made to other

executive branch positions of a confidential or policy-determining

character for which it is not practicable to examine or to hold a

competitive examination. Such positions shall not be counted as

positions of that character for purposes of any limitation on the

number of positions of that character provided in law.

(2) In making appointments to the positions described in

paragraph (1), preference shall be given, among equally qualified

persons, to persons who are preference eligibles (as defined in

section 2108(3) of title 5).

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,

1989, 103 Stat. 1572; amended Pub. L. 102-484, div. A, title X,

Sec. 1061(a)(1), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 103-337,

div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831;

Pub. L. 104-201, div. A, title X, Sec. 1068(b), Sept. 23, 1996,

110 Stat. 2655; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(11),

Nov. 18, 1997, 111 Stat. 1900.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85 made technical amendment to

heading and substituted ''under the court'' for ''under the Court''

in second sentence and ''positions referred to in the preceding

sentences'' for ''such positions'' in third sentence.

1996 - Subsec. (c). Pub. L. 104-201 substituted ''Certain'' for

''Attorney'' in heading and inserted ''A position of employment

under the Court that is provided primarily for the service of one

judge of the court, reports directly to the judge, and is a

position of a confidential character is excepted from the

competitive service.'' after first sentence in par. (1).

1994 - Subsecs. (a)(1), (c). Pub. L. 103-337 substituted ''Court

of Appeals for the Armed Forces'' for ''Court of Military

Appeals''.

1992 - Subsec. (a). Pub. L. 102-484 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Chief Judge. - The President shall designate from time to time

one of the judges of the United States Court of Military Appeals to

be chief judge of the court.''

TRANSITION PROVISION

Section 1061(b) of Pub. L. 102-484 provided that: ''For purposes

of section 943(a) (article 943(a)) of title 10, United States Code,

as amended by subsection (a) -

''(1) the person serving as the chief judge of the United

States Court of Military Appeals (now United States Court of

Appeals for the Armed Forces) on the date of the enactment of

this Act (Oct. 23, 1992) shall be deemed to have been designated

as the chief judge under such section; and

''(2) the five-year term provided in paragraph (3) of such

section shall be deemed to have begun on the date on which such

judge was originally designated as the chief judge under section

867(a) or 943 of title 10, United States Code, as the case may

be, as that provision of law was in effect on the date of the

designation.''

INAPPLICABILITY OF SUBSECTION (C)

Subsec. (c) of this section not to be applied to change civil

service status of any attorney who is an employee of United States

Court of Military Appeals (now United States Court of Appeals for

the Armed Forces) on Nov. 28, 1989, see section 1301(h) of Pub. L.

101-189, set out as a Transitional Provisions note under section

942 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 2302.

-CITE-

10 USC Sec. 944 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-HEAD-

Sec. 944. Art. 144. Procedure

-STATUTE-

The United States Court of Appeals for the Armed Forces may

prescribe its rules of procedure and may determine the number of

judges required to constitute a quorum.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,

1989, 103 Stat. 1572; amended Pub. L. 103-337, div. A, title IX,

Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''Court of Appeals for the

Armed Forces'' for ''Court of Military Appeals''.

-CITE-

10 USC Sec. 945 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-HEAD-

Sec. 945. Art. 145. Annuities for judges and survivors

-STATUTE-

(a) Retirement Annuities for Judges. - (1) A person who has

completed a term of service for which he was appointed as a judge

of the United States Court of Appeals for the Armed Forces is

eligible for an annuity under this section upon separation from

civilian service in the Federal Government. A person who continues

service with the court as a senior judge under section 942(e)(1)(B)

of this title (article 142(e)(1)(B)) upon the expiration of the

judge's term shall be considered to have been separated from

civilian service in the Federal Government only upon the

termination of that continuous service.

(2) A person who is eligible for an annuity under this section

shall be paid that annuity if, at the time he becomes eligible to

receive that annuity, he elects to receive that annuity in lieu of

any other annuity for which he may be eligible at the time of such

election (whether an immediate or a deferred annuity) under

subchapter III of chapter 83 or subchapter II of chapter 84 of

title 5 or any other retirement system for civilian employees of

the Federal Government. Such an election may not be revoked.

(3)(A) The Secretary of Defense shall notify the Director of the

Office of Personnel Management whenever an election under paragraph

(2) is made affecting any right or interest under subchapter III of

chapter 83 or subchapter II of chapter 84 of title 5 based on

service as a judge of the United States Court of Appeals for the

Armed Forces.

(B) Upon receiving any notification under subparagraph (A) in the

case of a person making an election under paragraph (2), the

Director shall determine the amount of the person's lump-sum credit

under subchapter III of chapter 83 or subchapter II of chapter 84

of title 5, as applicable, and shall request the Secretary of the

Treasury to transfer such amount from the Civil Service Retirement

and Disability Fund to the Department of Defense Military

Retirement Fund. The Secretary of the Treasury shall make any

transfer so requested.

(C) In determining the amount of a lump-sum credit under section

8331(8) of title 5 for purposes of this paragraph -

(i) interest shall be computed using the rates under section

8334(e)(3) of such title; and

(ii) the completion of 5 years of civilian service (or longer)

shall not be a basis for excluding interest.

(b) Amount of Annuity. - The annuity payable under this section

to a person who makes an election under subsection (a)(2) is 80

percent of the rate of pay for a judge in active service on the

United States Court of Appeals for the Armed Forces as of the date

on which the person is separated from civilian service.

(c) Relation to Thrift Savings Plan. - Nothing in this section

affects any right of any person to participate in the thrift

savings plan under section 8351 of title 5 or subchapter III of

chapter 84 of such title.

(d) Survivor Annuities. - The Secretary of Defense shall

prescribe by regulation a program to provide annuities for

survivors and former spouses of persons receiving annuities under

this section by reason of elections made by such persons under

subsection (a)(2). That program shall, to the maximum extent

practicable, provide benefits and establish terms and conditions

that are similar to those provided under survivor and former spouse

annuity programs under other retirement systems for civilian

employees of the Federal Government. The program may include

provisions for the reduction in the annuity paid the person as a

condition for the survivor annuity. An election by a judge

(including a senior judge) or former judge to receive an annuity

under this section terminates any right or interest which any other

individual may have to a survivor annuity under any other

retirement system for civilian employees of the Federal Government

based on the service of that judge or former judge as a civilian

officer or employee of the Federal Government (except with respect

to an election under subsection (g)(1)(B)).

(e) Cost-of-Living Increases. - The Secretary of Defense shall

periodically increase annuities and survivor annuities paid under

this section in order to take account of changes in the cost of

living. The Secretary shall prescribe by regulation procedures for

increases in annuities under this section. Such system shall, to

the maximum extent appropriate, provide cost-of-living adjustments

that are similar to those that are provided under other retirement

systems for civilian employees of the Federal Government.

(f) Dual Compensation. - A person who is receiving an annuity

under this section by reason of service as a judge of the court and

who is appointed to a position in the Federal Government shall,

during the period of such person's service in such position, be

entitled to receive only the annuity under this section or the pay

for that position, whichever is higher.

(g) Election of Judicial Retirement Benefits. - (1) A person who

is receiving an annuity under this section by reason of service as

a judge of the court and who later is appointed as a justice or

judge of the United States to hold office during good behavior and

who retires from that office, or from regular active service in

that office, shall be paid either (A) the annuity under this

section, or (B) the annuity or salary to which he is entitled by

reason of his service as such a justice or judge of the United

States, as determined by an election by that person at the time of

his retirement from the office, or from regular active service in

the office, of justice or judge of the United States. Such an

election may not be revoked.

(2) An election by a person to be paid an annuity or salary

pursuant to paragraph (1)(B) terminates (A) any election previously

made by such person to provide a survivor annuity pursuant to

subsection (d), and (B) any right of any other individual to

receive a survivor annuity pursuant to subsection (d) on the basis

of the service of that person.

(h) Source of Payment of Annuities. - Annuities and survivor

annuities paid under this section shall be paid out of the

Department of Defense Military Retirement Fund.

(i) Eligibility to Elect Between Retirement Systems. - (1) This

subsection applies with respect to any person who -

(A) prior to being appointed as a judge of the United States

Court of Appeals for the Armed Forces, performed civilian service

of a type making such person subject to the Civil Service

Retirement System; and

(B) would be eligible to make an election under section

301(a)(2) of the Federal Employees' Retirement System Act of

1986, by virtue of being appointed as such a judge, but for the

fact that such person has not had a break in service of

sufficient duration to be considered someone who is being

reemployed by the Federal Government.

(2) Any person with respect to whom this subsection applies shall

be eligible to make an election under section 301(a)(2) of the

Federal Employees' Retirement System Act of 1986 to the same extent

and in the same manner (including subject to the condition set

forth in section 301(d) of such Act) as if such person's

appointment constituted reemployment with the Federal Government.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,

1989, 103 Stat. 1572; amended Pub. L. 102-190, div. A, title X,

Sec. 1061(b)(1)(C), Dec. 5, 1991, 105 Stat. 1474; Pub. L. 102-484,

div. A, title X, Sec. 1052(11), 1062(a)(1), Oct. 23, 1992, 106

Stat. 2499, 2504; Pub. L. 103-337, div. A, title IX, Sec.

924(c)(1), Oct. 5, 1994, 108 Stat. 2831.)

-REFTEXT-

REFERENCES IN TEXT

Section 301(a)(2) and (d) of the Federal Employees' Retirement

System Act of 1986, referred to in subsec. (i), is section

301(a)(2) and (d) of Pub. L. 99-335, which is set out in a note

under section 8331 of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1994 - Subsecs. (a)(1), (3)(A), (b), (i)(1)(A). Pub. L. 103-337

substituted ''Court of Appeals for the Armed Forces'' for ''Court

of Military Appeals''.

1992 - Subsec. (a)(1). Pub. L. 102-484, Sec. 1052(11),

substituted ''section 942(e)(1)(B) of this title (article

142(e)(1)(B))'' for ''section 943(e)(1)(B) of this title (art.

143(e)(1)(B))''.

Subsec. (i). Pub. L. 102-484, Sec. 1062(a)(1), added subsec. (i).

1991 - Subsec. (a)(1). Pub. L. 102-190 inserted at end ''A person

who continues service with the court as a senior judge under

section 943(e)(1)(B) of this title (art. 143(e)(1)(B)) upon the

expiration of the judge's term shall be considered to have been

separated from civilian service in the Federal Government only upon

the termination of that continuous service.''

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1062(a)(2) of Pub. L. 102-484 provided that: ''The

amendment made by paragraph (1) (amending this section) shall apply

with respect to any appointment which takes effect on or after the

date of the enactment of this Act (Oct. 23, 1992).''

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Nov. 29, 1989, see section

1061(b)(1)(D) of Pub. L. 102-190, set out as a note under section

942 of this title.

EFFECTIVE DATE

Except as otherwise provided, section applicable with respect to

judges of United States Court of Military Appeals (now United

States Court of Appeals for the Armed Forces) whose terms of

service on such court end after Sept. 28, 1988, and to survivors of

such judges, see section 1301(f) of Pub. L. 101-189, set out as a

Transitional Provisions note under section 942 of this title.

ADDITIONAL ELECTIONS

Section 1062(b) of Pub. L. 102-484 provided that:

''(1) Any individual who is a judge in active service on the

United States Court of Military Appeals (now United States Court of

Appeals for the Armed Forces) shall be eligible to make an election

under section 301(a)(2) of the Federal Employees' Retirement System

Act of 1986 (Pub. L. 99-335, 5 U.S.C. 8331 note) if -

''(A) such individual is such a judge on the date of the

enactment of this Act (Oct. 23, 1992); and

''(B) as of the date of the election, such individual is -

''(i) subject to the Civil Service Retirement System; or

''(ii) covered by Social Security but not subject to the

Federal Employees' Retirement System.

''(2) An election under this subsection -

''(A) shall not be effective unless it is -

''(i) made within 30 days after the date of the enactment of

this Act; and

''(ii) in compliance with the condition set forth in section

301(d) of the Federal Employees' Retirement System Act of 1986

(Pub. L. 99-335, 5 U.S.C. 8331 note); and

''(B) may not be revoked.

''(3) For the purpose of this subsection, a judge of the United

States Court of Military Appeals (now United States Court of

Appeals for the Armed Forces) shall be considered to be 'covered by

Social Security' if such judge's service is employment for the

purposes of title II of the Social Security Act (42 U.S.C. 401 et

seq.) and chapter 21 of the Internal Revenue Code of 1986 (26

U.S.C. 3101 et seq.).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 942 of this title.

-CITE-

10 USC Sec. 946 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

-HEAD-

Sec. 946. Art. 146. Code committee

-STATUTE-

(a) Annual Survey. - A committee shall meet at least annually and

shall make an annual comprehensive survey of the operation of this

chapter.

(b) Composition of Committee. - The committee shall consist of -

(1) the judges of the United States Court of Appeals for the

Armed Forces;

(2) the Judge Advocates General of the Army, Navy, and Air

Force, the Chief Counsel of the Coast Guard, and the Staff Judge

Advocate to the Commandant of the Marine Corps; and

(3) two members of the public appointed by the Secretary of

Defense.

(c) Reports. - (1) After each such survey, the committee shall

submit a report -

(A) to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives; and

(B) to the Secretary of Defense, the Secretaries of the

military departments, and the Secretary of Homeland Security.

(2) Each report under paragraph (1) shall include the following:

(A) Information on the number and status of pending cases.

(B) Any recommendation of the committee relating to -

(i) uniformity of policies as to sentences;

(ii) amendments to this chapter; and

(iii) any other matter the committee considers appropriate.

(d) Qualifications and Terms of Appointed Members. - Each member

of the committee appointed by the Secretary of Defense under

subsection (b)(3) shall be a recognized authority in military

justice or criminal law. Each such member shall be appointed for a

term of three years.

(e) Applicability of Federal Advisory Committee Act. - The

Federal Advisory Committee Act (5 U.S.C. App. I) shall not apply to

the committee.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,

1989, 103 Stat. 1574; amended Pub. L. 103-337, div. A, title IX,

Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104-106,

div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502;

Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113

Stat. 774; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1)(B). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

1999 - Subsec. (c)(1)(A). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (c)(1)(A). Pub. L. 104-106 substituted ''Committee

on Armed Services of the Senate and the Committee on National

Security of the House of Representatives'' for ''Committees on

Armed Services of the Senate and House of Representatives''.

1994 - Subsec. (b)(1). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-