10 U.S.C. § 869
10 U.S.C. § 869
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 869 | 50:656. | May 5, 1950, ch. 169, §1 (Art. 69), 64 Stat. 130. |
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (a). Pub. L. 117-263, §544(c)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "Upon application by the accused and subject to subsections (b), (c), and (d), the Judge Advocate General may modify or set aside, in whole or in part, the findings and sentence in a court-martial that is not reviewed under section 866 of this title (article 66)."Subsec. (b). Pub. L. 117-263, §544(c)(2), designated existing provisions as par. (1), substituted "not later than-" and subpars. (A) and (B) for "not later than one year after the date of completion of review under section 864 or 865 of this title (article 64 or 65), as the case may be. The Judge Advocate General may, for good cause shown, extend the period for submission of an application, but may not consider an application submitted more than three years after such completion date." and added par. (2).Subsec. (c)(1)(A). Pub. L. 117-263, §544(c)(3)(A), substituted "section 864 of this title (article 64)" for "section 864 or 865(b) of this title (article 64 or 65(b))". Subsec. (c)(2). Pub. L. 117-263, §544(c)(3)(B), substituted "the Judge Advocate General shall send the case to the Court of Criminal Appeals" for "the Judge Advocate General shall order appropriate corrective action under rules prescribed by the President".Subsec. (d)(1). Pub. L. 117-263, §544(c)(4)(A), substituted "under subsection (c)(1) in a case submitted" for "under subsection (c)-"(A) in a case sent to the Court of Criminal Appeals by order of the Judge Advocate General; or"(B) in a case submitted".Subsec. (d)(2). Pub. L. 117-263, §544(c)(4)(B), substituted "paragraph (1)" for "paragraph (1)(B)" in introductory provisions. 2021-Subsec. (c)(1)(D). Pub. L. 117-81 designated existing provisions as cl. (i), substituted "Subject to clause (ii), if the Judge Advocate General" for "If the Judge Advocate General" and "impracticable" for "impractical", and added cl. (ii). 2017-Subsec. (c)(1)(A). Pub. L. 115-91 inserted comma after "in whole or in part".2016- Pub. L. 114-328 amended section generally. Prior to amendment, section related to review in the office of the Judge Advocate General. 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, §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, §1302(a)(1), which struck out the third sentence, see below. Pub. L. 101-189, §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, §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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-263 not applicable to any matter that was submitted before Dec. 23, 2022, to a Judge Advocate General under this section, see section 544(d)(2) of Pub. L. 117-263, set out as a note under section 861 of this title.
EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117-81, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115-91 effective immediately after the amendments made by div. E (§§5001-5542) of Pub. L. 114-328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115-91, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114-328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101-189, div. A, title XIII, §1302(b), Nov. 29, 1989, 103 Stat. 1576, 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, 1983Pub. L. 98-209, §7(e)(2), Dec. 6, 1983, 97 Stat. 1403, provided that the two-year period specified under the second sentence of subsec. (b) of this section did not apply to any application filed in the office of the appropriate Judge Advocate General on or before Oct. 1, 1983, and that the application in such a case would be considered in the same manner and with the same effect as if such two-year period had not been enacted.
- officer
- The term "officer" means a commissioned or warrant officer.