10 U.S. Code § 864 - Art. 64. Review by a judge advocate
(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—
(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—
(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
(1) The person to whom the record of trial and related documents are sent under subsection (b) may—
(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
(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, § 7(a)(1),Dec. 6, 1983, 97 Stat. 1401.)
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|864||50:651.||May 5, 1950, ch. 169, § 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”.
1983—Pub. L. 98–209amended 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. 98–209effective 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) ofPub. L. 98–209, set out as a note under section 801 of this title.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.