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10 U.S.C. § 864 — Art. 64. Judge advocate review of finding of guilty in summary court-martial
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following:
(1) Conclusions as to whether—
(A) the court had jurisdiction over the accused and the offense;
(B) the charge and specification stated an offense; and
(C) the sentence was within the limits prescribed as a matter of law.
(2) A response to each allegation of error made in writing by the accused.
(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
**(b) Record.—** The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
(1) the judge advocate who reviewed the case recommends corrective action; or
(2) such action is otherwise required by regulations 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 insufficient at the trial to
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Source file: Laws/federal/codes/united-states-code/title-10/section-864-art-64-judge-advocate-review-of-finding-of-guilty-in-summary-court-marti--3a9fa3c81e.md
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Source location: Title 10, Chapter 47, § 864; chapter-047-uniform-code-of-military-justice.md
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**(a) In General.—** Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following:
(1) Conclusions as to whether—
(A) the court had jurisdiction over the accused and the offense;
(B) the charge and specification stated an offense; and
(C) the sentence was within the limits prescribed as a matter of law.
(2) A response to each allegation of error made in writing by the accused.
(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
**(b) Record.—** The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
(1) the judge advocate who reviewed the case recommends corrective action; or
(2) such action is otherwise required by regulations 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 insufficient 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 recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General for review under [section 869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section869&num=0&edition=prelim) (article 69).
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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-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Upon application by the accused or receipt of the record pursuant to [section 864(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864/c/3&num=0&edition=prelim) (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may—
(1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or
(2) with respect to a general or special court-martial, order such court-martial to be reviewed under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66).
**(b) Timing.—**
(1) To qualify for consideration, an application under subsection (a) must be submitted to the Judge Advocate General not later than—
(A) for a summary court-martial, one year after the date of completion of review under [section 864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim) (article 64); or
(B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under [section 865(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865/c&num=0&edition=prelim) (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim) (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judg
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 869
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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 785
TITLE 10—ARMED FORCES
§ 864
the merits in the original proceedings, or unless
the sentence prescribed for the offense is manda-
tory.
(b) If the sentence adjudged by the first court-
martial was in accordance with a plea agree-
ment under section 853a of this title (article 53a)
and the accused at the rehearing does not com-
ply with the agreement, or if a plea of guilty
was entered for an offense at the first court-
martial and a plea of not guilty was entered at
the rehearing, the sentence as to those charges
or specifications may include any punishment
not in excess of that which could have been ad-
judged at the first court-martial, subject to such
limitations as the President may prescribe by
regulation.
(c) If, after appeal by the Government under
section 856(d) of this title (article 56(d)), the sen-
tence adjudged is set aside and a rehearing on
sentence is ordered by the Court of Criminal Ap-
peals or Court of Appeals for the Armed Forces,
the court-martial may impose any sentence that
is in accordance with the order or ruling setting
aside the adjudged sentence, subject to such lim-
itations as the President may prescribe by regu-
lation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L.
98–209, § 5(d), Dec. 6, 1983, 97 Stat. 1398; Pub. L.
102–484, div. A, title X, § 1065, Oct. 23, 1992, 106
Stat. 2506; Pub. L. 114–328, div. E, title LIX,
§ 5327, Dec. 23, 2016, 130 Stat. 2929; Pub. L. 115–91,
div. A, title V, § 531(i), Dec. 12, 2017, 131 Stat.
1385.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
863(a) ......
863(b) ......
50:650(a).
50:650(b).
May 5, 1950, ch. 169, § 1
(Art. 63), 64 Stat. 127.
In subsection (a), the words ‘‘In such a’’ are sub-
stituted for the words ‘‘in whic
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 864
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