Legislación
US (United States) Code. Title 10. Subtitle A. Part II. Chapter 47: Uniform code of military justice
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10 USC CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE 01/06/03
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TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
.
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CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
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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.
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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.
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10 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
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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
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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.
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AMENDMENTS
1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(2),
Nov. 29, 1989, 103 Stat. 1576, added item 806a.
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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.)
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Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at
Large)
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801 50:551 (less (9)). May 5, 1950, ch.
169, Sec. 1 (Art. 1
(less (9))), 64
Stat. 108.
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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