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

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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Source file: Laws/federal/codes/united-states-code/title-10/section-876-art-76-finality-of-proceedings-findings-and-sentences--2df5f07917.md
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Source location: Title 10, Chapter 47, § 876; 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. § 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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 873 — Art. 73. Petition for a new trial

At any time within three years after the date of the entry of judgment under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

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

10 U.S.C. § 869 — Art. 69. Review by Judge Advocate General

**(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

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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. § 876 — Art. 76. Finality of proceedings, findings,

Page 801 TITLE 10—ARMED FORCES § 876 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 874(a) ...... 874(b) ...... 50:661(a). 50:661(b). May 5, 1950, ch. 169, § 1 (Art. 74), 64 Stat. 132. In subsections (a) and (b), the words ‘‘Secretary con- cerned’’ are substituted for the words ‘‘Secretary of the Department’’. Editorial Notes AMENDMENTS 2001—Subsec. (a). Pub. L. 107–107 inserted ‘‘that is ad- judged for an offense committed after October 29, 2000’’ after ‘‘a sentence of confinement for life without eligi- bility for parole’’. 2000—Subsec. (a). Pub. L. 106–398 inserted at end ‘‘However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary con- cerned under the preceding sentence (1) may not be del- egated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title V, § 553(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall not apply with respect to a sentence of con- finement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [Oct. 30, 2000].’’ § 875. Art. 75. Restoration (a) Under such regulations as the President may prescribe, all rights, privileges, and prop- erty affected by an executed part of a court- martial sentence which has been set aside or dis- approved, except an executed dismissal or dis- charge, shall be restored unless a new trial or rehearing is ordered and such executed part

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