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10 U.S.C. § 869 — Art. 69. Review by Judge Advocate General
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
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Stable record: federal_law:legal_authorities:record_usc_e5792dc849d5d408f43f1d65
Source file: Laws/federal/codes/united-states-code/title-10/section-869-art-69-review-by-judge-advocate-general--4abce1dcd6.md
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Source location: Title 10, Chapter 47, § 869; chapter-047-uniform-code-of-military-justice.md
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**(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 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).
(2) The Judge Advocate General may, for good cause shown, extend the period for submission of an application, except that—
(A) in the case of an application for review of a summary court martial, the Judge Advocate may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A); and
(B) in case of an application for review of a general or special court-martial, the Judge Advocate may not consider an application submitted more than three years after the end of the applicable period under paragraph (1)(B).
**(c) Scope.—**
(1)
(A) In a case reviewed under [section 864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim) (article 64), the Judge Advocate General may set aside the findings or sentence, in whole or in part, on the grounds of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
(B) 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).
(C) If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
(D)
(i) 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 impracticable, the convening authority shall dismiss the charges.
(ii) 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.
(2) In a case reviewed under [section 865(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865/b&num=0&edition=prelim) (article 65(b)), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was invalid under the law. If the Judge Advocate General determines that the waiver or withdrawal of an appeal was invalid, the Judge Advocate General shall send the case to the Court of Criminal Appeals.
**(d) Court of Criminal Appeals.—**
(1) A Court of Criminal Appeals may review the action taken by the Judge Advocate General under subsection (c)(1) in a case submitted to the Court of Criminal Appeals by the accused in an application for review.
(2) The Court of Criminal Appeals may grant an application under paragraph (1) only if—
(A) the application demonstrates a substantial basis for concluding that the action on review under subsection (c) constituted prejudicial error; and
(B) the application is filed not later than the earlier of—
(i) 60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or
(ii) 60 days after the date on which a copy of the decision of the Judge Advocate General 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.
(3) The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal Appeals for purposes of [section 870(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section870/c/1&num=0&edition=prelim) (article 70(c)(1)).
**(e) Action Only on Matters of Law.—** Notwithstanding [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66), in any case reviewed by a Court of Criminal Appeals under subsection (d), the Court may take action only with respect to matters of law.
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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
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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 864
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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)** 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
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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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
### 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 796
TITLE 10—ARMED FORCES
§ 868
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2023 AMENDMENT
Pub. L. 118–31, div. A, title V, § 533(b), Dec. 22, 2023, 137
Stat. 261, provided that:
‘‘(1) IN
GENERAL.—The amendments made by sub-
section (a) [amending this section and sections 1259 and
2101 of Title 28, Judiciary and Judicial Procedure] shall
take effect on the date that is one year after the date
of the enactment of this Act [Dec. 22, 2023] and shall
apply with respect to any action of the United States
Court of Appeals for the Armed Forces in granting or
refusing to grant a petition for review submitted to
such Court for the first time on or after such effective
date.
‘‘(2) INAPPLICABILITY TO PENDING DECISIONS.—With re-
spect to a petition submitted to the United States
Court of Appeals for the Armed Forces before the effec-
tive date specified in paragraph (1) and on which the
Court has not taken action as of such date, the provi-
sions of the United States Code amended by subsection
(a) shall apply as if such amendments had not been en-
acted. Any action of the United States Court of Appeals
for the Armed Forces in granting or refusing to grant
such a petition is final and conclusive.
‘‘(3) FINALITY OF DECISIONS BEFORE EFFECTIVE DATE.—
Any action of the United States Court of Appeals for
the Armed Forces in granting or refusing to grant a pe-
tition for review before the effective date specified in
paragraph (1) is final and conclusive.
‘‘(4) RULES REQUIRED.—The Supreme Court shall pre-
scribe rules to carry out section 2101(g) of title 28,
United States Code, as amended by subsection (a)(2)(B)
of this section, by not later than the effective date
specified in paragraph (1).’’
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub
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