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10 U.S.C. § 874 — Art. 74. Remission and suspension

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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.

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Source location: Title 10, Chapter 47, § 874; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 876 — Art. 76. Finality of proceedings, findings, and sentences

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section873&num=0&edition=prelim) (article 73) and to action by the Secretary concerned as provided in [section 874 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section874&num=0&edition=prelim) (article 74) and the authority of the President.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 646 to 663 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 646, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to errors of law and to lesser included offense. See [section 859 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section859&num=0&edition=prelim), Armed Forces. Section 647, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on record. See [section 860 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim). Section 648, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on general court-martial records. See [section 861 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim). Section 649, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for reconsideration and revision. See [section 862 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section862&num=0&edition=prelim). Section 650, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to rehearings. See [section 863 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section863&num=0&edition=prelim). Section 651, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, related to approval by convening authority. See [section 864 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim). Section 652, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for disposition of records after review by convening authority. See [section 865 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865&num=0&edition=prelim). Section 653, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for review by

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 874 — Art. 74. Remission and suspension

Page 800 TITLE 10—ARMED FORCES § 873 (c) The suspension of any other sentence may be vacated by any authority competent to con- vene, for the command in which the accused is serving or assigned, a court of the kind that im- posed the sentence. (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 114–328, div. E, title LIX, § 5335, Dec. 23, 2016, 130 Stat. 2936.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 872(a) ...... 872(b) ...... 50:659(a). 50:659(b). May 5, 1950, ch. 169, § 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’’. Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328, § 5335(a), (b)(1), in- serted ‘‘The special court-martial convening authority may detail a judge advocate, who is certified under sec- tion 827(b) of this title (article 27(b)), to conduct the hearing.’’ after first sentence and substituted ‘‘if the probationer so desires’’ for ‘‘if he so desires’’ in last sentence. Subsec. (b). Pub. L. 114–328, § 5335(b)(2), substituted ‘‘If the officer exercising general court-martial jurisdic- tion’’ for ‘‘If he’’ and ‘‘section 857 of this title (article 57)’’ for ‘‘section 871(c) of this title (article 71(c))’’. Statutory Notes and Related Subsid

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