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10 U.S.C. § 865 — Art. 65. Transmittal and review of records
Federal law — U.S. Code and appendices · legal_authorities
**(a) Transmittal of Records.—**
(1) **Finding of guilty in general or special court-martial.—** — If the judgment of a general or special court-martial entered under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
(2) **Other cases.—** — In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
**(b) Cases for Direct Appeal.—**
(1) **Automatic review.—** — If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward—
(A) the record of trial to the Court of Criminal Appeals for review under [section 866(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/3&num=0&edition=prelim) (article 66(b)(3)); and
(B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
(2) **Cases eligible for direct appeal review.—**
(A) *In general.—* — If the case is eligible for direct review under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed
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Source file: Laws/federal/codes/united-states-code/title-10/section-865-art-65-transmittal-and-review-of-records--58cf0f966a.md
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Source location: Title 10, Chapter 47, § 865; chapter-047-uniform-code-of-military-justice.md
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**(a) Transmittal of Records.—**
(1) **Finding of guilty in general or special court-martial.—** — If the judgment of a general or special court-martial entered under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
(2) **Other cases.—** — In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
**(b) Cases for Direct Appeal.—**
(1) **Automatic review.—** — If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward—
(A) the record of trial to the Court of Criminal Appeals for review under [section 866(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/3&num=0&edition=prelim) (article 66(b)(3)); and
(B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
(2) **Cases eligible for direct appeal review.—**
(A) *In general.—* — If the case is eligible for direct review under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and to represent the accused before the Court of Criminal Appeals; and
(ii) forward a copy of the record of trial to civilian counsel provided by the accused.
(B) *Inapplicability.—* — Subparagraph (A) shall not apply if the accused waives the right to appeal under [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim) (article 61).
**(c) Notice of Right to Appeal.—**
(1) **In general.—** — The Judge Advocate General shall provide notice to the accused of the right to file an appeal under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)) by means of depositing 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 the official service record of the accused.
(2) **Inapplicability upon waiver of appeal.—** — Paragraph (1) shall not apply if the accused waives the right to appeal under [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim) (article 61).
**(d) Review by Judge Advocate General.—**
(1) **By whom.—** — A review conducted under this subsection may be conducted by an attorney within the Office of the Judge Advocate General or another attorney designated under regulations prescribed by the Secretary concerned.
(2) **Review of cases not eligible for direct appeal.—**
(A) *In general.—* — A review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of [section 866(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b&num=0&edition=prelim) (article 66(b)).
(B) *Scope of review.—* — A review referred to in subparagraph (A) shall include a written decision providing each of the following:
(i) A conclusion as to whether the court had jurisdiction over the accused and the offense.
(ii) A conclusion as to whether the charge and specification stated an offense.
(iii) A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
(iv) A response to each allegation of error made in writing by the accused.
(3) **Review when direct appeal is waived, withdrawn, or not filed.—**
(A) *In general.—* — A review under subparagraph (B) shall be completed in each general and special court-martial if—
(i) the accused waives the right to appeal or withdraws appeal under [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim) (article 61); or
(ii) the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)).
(B) *Scope of review.—* — A review referred to in subparagraph (A) shall include a written decision limited to providing conclusions on the matters specified in clauses (i), (ii), and (iii) of paragraph (2)(B).
**(e) Remedy.—**
(1) **In general.—** — If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the Judge Advocate General, who may set aside the findings or sentence, in whole or in part.
(2) **Rehearing.—** — In setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of [section 844 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section844&num=0&edition=prelim) (article 44).
(3) **Remedy without rehearing.—**
(A) *Dismissal when no rehearing ordered.—* — If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
(B) *Dismissal when rehearing impracticable.—*
(i) *In general.—* — Subject to clause (ii), if the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impractical, the convening authority shall dismiss the charges.
(ii) *Cases referred by special trial counsel.—* — 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
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)** No person may, without his consent, be tried a second time for the same offense.
**(b)** No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
**(c)**
(1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
(A) after introduction of evidence; and
(B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53);
(2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
(A) after the members, having taken an oath as members under [section 842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim) (article 42) and after completion of challenges under [section 841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim) (article 41), are impaneled; and
(B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53);
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver of Right to Appeal.—** After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66). Such a waiver shall be—
(1) signed by the accused and by defense counsel; and
(2) attached to the record of trial.
**(b) Withdrawal of Appeal.—** In a general or special court-martial, the accused may withdraw an appeal at any time.
**(c) Death Penalty Case Exception.—** Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal or withdraw an appeal with respect to a judgment that includes a sentence of death.
**(d) Waiver or Withdrawal as Bar.—** Except as provided by [section 869(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section869/c/2&num=0&edition=prelim) (article 69(c)(2)), a waiver or withdrawal under this section bars review under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66).
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Execution of Sentences.—** A court-martial sentence shall be executed and take effect as follows:
(1) **Forfeiture and reduction.—** — A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
(A) the date that is 14 days after the date on which the sentence is adjudged; or
(B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority.
(2) **Confinement.—** — Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(3) **Approval of sentence of death.—** — If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended.
(4) **Approval of dismissal.—** — If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, r
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 786
TITLE 10—ARMED FORCES
§ 865
whether corrective action is required as a
matter of law.
(b) RECORD.—The record of trial and related
documents in each case reviewed under sub-
section (a) shall be sent for action to the person
exercising general court-martial jurisdiction
over the accused at the time the court was con-
vened (or to that person’s successor in com-
mand) if—
(1) the judge advocate who reviewed the case
recommends corrective action; or
(2) such action is otherwise required by regu-
lations of the Secretary concerned.
(c)(1) The person to whom the record of trial
and related documents are sent under subsection
(b) may—
(A) disapprove or approve the findings or
sentence, in whole or in part;
(B) remit, commute, or suspend the sentence
in whole or in part;
(C) except where the evidence was insuffi-
cient at the trial to support the findings, order
a rehearing on the findings, on the sentence,
or on both; or
(D) dismiss the charges.
(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 rec-
ommended by the judge advocate, the record of
trial and action thereon shall be sent to the
Judge Advocate General for review under sec-
tion 869 of this title (article 69).
(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L.
98–209, § 7(a)(1), Dec. 6, 1983, 97 Stat. 1401; Pub. L.
114–328, div. E, title LIX, § 5328, Dec. 23, 2016, 130
Stat. 2929; Pub. L. 115–91, div. A, title X,
§ 1081(c)(1)(I),
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