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10 U.S.C. § 867 — Art. 67. Review by the Court of Appeals for the Armed Forces
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of Appeals for the Armed Forces shall review the record in—
(1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death;
(2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review; and
(3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review.
**(b)** The accused may petition the Court of Appeals for the Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of—
(1) the date on which the accused is notified of the decision of the Court of Criminal Appeals; or
(2) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record.
The Court of Appeals for the Armed Forces shall act upon such a petition promptly in accordance with the rules of the court.
**(c)**
(1) In any case reviewed by it, the Court of Appeals for the Armed Forces may act only with respect to—
(A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals;
(B) a decision, judgment, or order by a military judge, a
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Source file: Laws/federal/codes/united-states-code/title-10/section-867-art-67-review-by-the-court-of-appeals-for-the-armed-forces--7981f946ad.md
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Source location: Title 10, Chapter 47, § 867; chapter-047-uniform-code-of-military-justice.md
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**(a)** The Court of Appeals for the Armed Forces shall review the record in—
(1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death;
(2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review; and
(3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review.
**(b)** The accused may petition the Court of Appeals for the Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of—
(1) the date on which the accused is notified of the decision of the Court of Criminal Appeals; or
(2) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record.
The Court of Appeals for the Armed Forces shall act upon such a petition promptly in accordance with the rules of the court.
**(c)**
(1) In any case reviewed by it, the Court of Appeals for the Armed Forces may act only with respect to—
(A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals;
(B) a decision, judgment, or order by a military judge, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals; or
(C) the findings set forth in the entry of judgment, as affirmed, dismissed, set aside, or modfied by the Court of Criminal Appeals as incorrect in fact under [section 866(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/d/1/B&num=0&edition=prelim) (article 66(d)(1)(B)).
(2) In a case which the Judge Advocate General orders sent to the Court of Appeals for the Armed Forces, that action need be taken only with respect to the issues raised by him.
(3) In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review.
(4) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law.
**(d)** If the Court of Appeals for the Armed Forces sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
**(e)** After it has acted on a case, the Court of Appeals for the Armed Forces may direct the Judge Advocate General to return the record to the Court of Criminal Appeals for further review in accordance with the decision of the court. Otherwise, unless there is to be further action by the President or the Secretary concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges. Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A period of leave required to be taken under section 876a or 1182(c)(2) of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave.
**(b)**
(1) A member who is required to take leave under section 876a or 1182(c)(2) of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
(2) Except as provided in paragraph (1) and in sections 707 and 707a of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title.
**(c)** A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
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Federal law — U.S. Code and appendices · legal_authorities
(1) After considering the report and recommendations of the Commission submitted under [section 357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section357&num=0&edition=prelim), the President shall transmit to Congress his recommendations with respect to the exact rates of pay, for offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of [section 356 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section356&num=0&edition=prelim), which the President considers to be fair and reasonable in light of the Commission’s report and recommendations, the prevailing market value of the services rendered in the offices and positions involved, the overall economic condition of the country, and the fiscal condition of the Federal Government.
(2) The President shall transmit his recommendations under this section to Congress on the first Monday after January 3 of the first calendar year beginning after the date on which the Commission submits its report and recommendations to the President under [section 357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section357&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 358
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Courts of Criminal Appeals.—**
(1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (h). Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.
(2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entry of Judgment of General or Special Court-martial.—**
(1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
(A) The Statement of Trial Results under [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim) (article 60).
(B) Any modifications of, or supplements to, the Statement of Trial Results by reason of—
(i) any post-trial action by the convening authority; or
(ii) any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
(2) Under rules prescribed by the President, the judgment under paragraph (1) shall be—
(A) provided to the accused and to any victim of the offense; and
(B) made available to the public.
**(b) Summary Court-martial Judgment.—** The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under [section 860b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860b&num=0&edition=prelim) (article 60b), constitutes the judgment of the court-martial and shall be recorded and distributed under rules prescribed by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 860c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member—
(1) who is required to take leave under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim), any period of which is charged as excess leave under [section 706(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section706/a&num=0&edition=prelim); and
(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Criminal Appeals under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) or by the United States Court of Appeals for the Armed Forces under [section 867 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867&num=0&edition=prelim),
shall be paid, as provided in subsection (b), for the period of leave charged as excess leave, unless a rehearing or new trial is ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed.
**(b)**
(1) A member entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim) that is charged as excess leave (except any day of accrued leave for which the member has been paid under [section 706(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section706/b/1&num=0&edition=prelim) and which has been charged as excess leave). If the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 707
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Federal law — U.S. Code and appendices · legal_authorities
The Commission shall conduct, in each of the respective fiscal years referred to in subparagraphs (A) and (B) of [section 352(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section352/8&num=0&edition=prelim), a review of the rates of pay of—
(A) the Vice President of the United States, Senators, Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Speaker of the House of Representatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representatives;
(B) offices and positions in the legislative branch referred to in subsections (a), (b), (c), and (d) of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88–426);
(C) justices, judges, and other personnel in the judicial branch referred to in section 403 of the Federal Judicial Salary Act of 1964 (78 Stat. 434; Public Law 88–426) except bankruptcy judges, but including the judges of the United States Court of Federal Claims;
(D) offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5; and
(E) the Governors of the Board of Governors of the United States Postal Service appointed under [section 202 of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section202&num=0&edition=prelim).
Such review by the Commission shall be made for the purpose of determining and providing—
(i) the appropriate pay levels and relationships between and among the respective offices and positions covered by such review, and
(ii) the appropriate pay relationships between such offices and positions and the offices and positions subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 356
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 646 to 663
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Federal law — U.S. Code and appendices · legal_authorities
Page 792
TITLE 10—ARMED FORCES
§ 867
Subsecs. (b) to (e). Pub. L. 90–632, § 2(27)(C), sub-
stituted ‘‘Court of Military Review’’ for ‘‘board of re-
view’’ 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 sub-
secs. (g) and (h).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 103–337, div. A, title IX, § 924(b)(1), Oct. 5, 1994,
108 Stat. 2831, provided that: ‘‘Each Court of Military
Review shall hereafter be known and designated as a
Court of Criminal Appeals.’’
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
Court of Criminal Appeals established under this sec-
tion, see section 544(d)(1) of Pub. L. 117–263, set out as
a note under section 861 of this title.
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by section 539A(b) of Pub. L. 117–81 effec-
tive 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 appli-
cability if regulations are not prescribed by the Presi-
dent 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.
Amendment by section 539E(d) of Pub. L. 117–81 effec-
tive on the date that is two years after Dec. 27, 2021,
and applicable to sentences adjudged in cases in which
all findings of guilty are for offenses that occurred
after the date that is two years after Dec. 27, 2021, see
section 539E(f) of Pub. L. 117–81, set out as a note under
section 853 of this title.
Pub. L. 116–283, div. A, title
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 867
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