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NOTES:


Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90–632, § 2(27), Oct. 24, 1968, 82 Stat. 1341; Pub. L. 98–209, §§ 7(b), (c), 10 (c)(1), Dec. 6, 1983, 97 Stat. 1402, 1406; Pub. L. 103–337, div. A, title IX, § 924(b)(2), (c)(1), (4)(A), Oct. 5, 1994, 108 Stat. 2831, 2832; Pub. L. 104–106, div. A, title XI, § 1153, Feb. 10, 1996, 110 Stat. 468.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
866(a)
866(b) 50:653(a).
50:653(b). May 5, 1950, ch. 169, § 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, § 924(c)(4)(A), substituted “Court of Criminal Appeals” for “Court of Military Review” in section catchline.
Pub. L. 103–337, § 924(b)(2), substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing.
Pub. L. 103–337, § 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, § 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, § 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, § 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, § 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, § 2(27)(C), substituted “Court of Military Review” for “board of review” wherever appearing.
Subsec. (f). Pub. L. 90–632, § 2(27)(D), substituted “Courts of Military Review” for “boards of review” in two places.
Subsecs. (g), (h). Pub. L. 90–632, § 2(27)(E), added subsecs. (g) and (h).

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.”

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].”


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