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United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart II - PERSONNELChapter 47 - UNIFORM CODE OF MILITARY JUSTICE
Subchapter IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Section 874 - Art. 74. Remission and suspension

10 U.S.C. § 874

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Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 874 - Art. 74. Remission and suspension
(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.

10 U.S.C. § 874

Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106-398, §1 [[div. A], title V, §553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-125; Pub. L. 107-107, div. A, title X, §1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.

HISTORICAL AND REVISION NOTES
Revised sectionSource (U.S. Code)Source (Statutes at Large)
874(a)874(b) 50:661(a).50:661(b). May 5, 1950, ch. 169, § 1 (Art. 74), 64 Stat. 132.
In subsections (a) and (b), the words "Secretary concerned" are substituted for the words "Secretary of the Department".

EDITORIAL NOTES

AMENDMENTS2001-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."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-398, §1 [[div. A], title V, §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]."

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
officer
The term "officer" means a commissioned or warrant officer.