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10 U.S.C. § 872 — Art. 72. Vacation of suspension

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

10 U.S.C. § 872 — Art. 72. Vacation of suspension

**(a)** Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The special court-martial convening authority may detail a judge advocate, who is certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires. **(b)** The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in [section 857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim) (article 57). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned. **(c)** The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

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Source file: Laws/federal/codes/united-states-code/title-10/section-872-art-72-vacation-of-suspension--b817832b82.md
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Source location: Title 10, Chapter 47, § 872; 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. § 801 — Article 1. Definitions

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

10 U.S.C. § 857 — Art. 57. Effective date of sentences

**(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

10 U.S.C. § 7837 — Settlement of accounts: remission or cancellation of indebtedness of members

**(a) In General.—** The Secretary of the Army may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States incurred while the person was serving as a member of the Army, whether as a regular or a reserve in active status, but only if the Secretary considers such action to be in the best interest of the United States. **(b) Retroactive Applicability to Certain Debts.—** The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. **(c) Regulations.—** This section shall be administered under regulations prescribed by the Secretary of Defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7837

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

10 U.S.C. § 9837 — Settlement of accounts: remission or cancellation of indebtedness of members

**(a) In General.—** The Secretary of the Air Force may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States incurred while the person was serving as a member of the Air Force or the Space Force, whether as a regular or a reserve in active status, but only if the Secretary considers such action to be in the best interest of the United States. **(b) Retroactive Applicability to Certain Debts.—** The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. **(c) Regulations.—** This section shall be administered under regulations prescribed by the Secretary of Defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9837

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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

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

10 U.S.C. § 872 — Art. 72. Vacation of suspension

Page 799 TITLE 10—ARMED FORCES § 872 the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General. (c) Appellate defense counsel shall represent the accused before the Court of Criminal Ap- peals, the Court of Appeals for the Armed Forces, or the Supreme Court— (1) when requested by the accused; (2) when the United States is represented by counsel; or (3) when the Judge Advocate General has sent the case to the Court of Appeals for the Armed Forces. (d) The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Su- preme Court by civilian counsel if provided by him. (e) Military appellate counsel shall also per- form such other functions in connection with the review of court martial cases as the Judge Advocate General directs. (f) To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applica- ble to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense. (Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, § 2(31), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98–209, § 10(c)(3), Dec. 6, 1983, 97 Stat. 1406; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5334, Dec. 23, 2016, 130 Stat. 2936.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 870(a) ...... 870(b) ...... 50:657(a). 50:657(b). May 5, 1950, ch. 169, § 1 (Art. 70), 64 Stat. 130. 870(c) ...... 50:657(c). 870(d) ...... 50:657

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 872

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