10 U.S.C. § 867a — Art. 67a. Review by the Supreme Court

Page 795 TITLE 10—ARMED FORCES § 867a every finding of guilty entered into the record under section 860c of this title is for an offense that occurred on or after that date, see section 542(e)(2) of Pub. L. 116–283, set out in a note under section 866 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VII, § 722(d), Sept. 29, 1988, 102 Stat. 2003, provided that: ‘‘Subsection (i) of section 867 of title 10, United States Code, as added by sub- section (a), shall apply with respect to judges of the United States Court of Military Appeals [now United States Court of Appeals for the Armed Forces] whose term of service on such court ends on or after the date of the enactment of this Act [Sept. 29, 1988] and to the survivors of such judges.’’ EFFECTIVE DATE OF 1983 AMENDMENT Amendment by sections 9(a) and 13(d) Pub. L. 98–209 effective Dec. 6, 1983, and amendment by sections 7(d) and 10(c)(2) of Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but amend- ment by section 7(d) of Pub. L. 98–209 not to apply to any case in which the findings and sentence were ad- judged by a court-martial before that date, and the pro- ceedings in any such case to be held in the same man- ner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–81 to take effect at end of 60-day period beginning on Nov. 20, 1981, and to apply to any accused with respect to a Court of Military Review [now Court of Criminal Appeals] decision that is dated on or after that date, see section 7(a), (b)(5) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1964 AMENDMENT For effective date of amendment by Pub. L. 88–426, see section 501 of Pub. L. 88–426. COMMISSION TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SENTENCING AUTHORITY, JURISDICTION, TENURE, AND RETIREMENT OF MILITARY JUDGES; ES- TABLISHMENT; COMPOSITION; REPORT TO CONGRES- SIONAL COMMITTEES Pub. L. 98–209, § 9(b), Dec. 6, 1983, 97 Stat. 1404, as amended by Pub. L. 98–525, title XV, § 1521, Oct. 19, 1984, 98 Stat. 2628, directed Secretary of Defense to establish a commission to study the sentencing authority, juris- diction, tenure, and retirement system of military judges, and to report, not later than Dec. 15, 1984, its findings and recommendations to committees of Con- gress and to the committee established under former section 867(g) of this title. TERMS OF OFFICE OF JUDGES OF UNITED STATES COURT OF MILITARY APPEALS Pub. L. 96–579, § 12(b), Dec. 23, 1980, 94 Stat. 3369, pro- vided that the term of office of a judge of United States Court of Military Appeals serving on such court on Dec. 23, 1980, expire (1) on the date the term of such judge would have expired under the law in effect on the day before Dec. 23, 1980, or (2) ten years after the date on which such judge took office as a judge of the United States Court of Military Appeals, whichever is later. CONTINUATION OF POWERS AND JURISDICTION OF COURT OF MILITARY APPEALS; STATUS OF JUDGES Pub. L. 90–340, § 2, June 15, 1968, 82 Stat. 178, provided that: ‘‘The United States Court of Military Appeals [now United States Court of Appeals for the Armed Forces] established under this Act [which amended sub- sec. (a) of this section] is a continuation of the Court of Military Appeals as it existed prior to the effective date of this Act [June 15, 1968], and no loss of rights or powers, interruption of jurisdiction, or prejudice to matters pending in the Court of Military Appeals be- fore the effective date of this Act shall result. A judge of the Court of Military Appeals so serving on the day before the effective date of this Act shall, for all pur- poses, be a judge of the United States Court of Military Appeals under this Act.’’ Executive Documents SALARY INCREASES 1987—Salaries of judges increased to $95,000 per annum, on recommendation of President, see note set out under section 358 of Title 2, The Congress. 1977—Salaries of judges increased to $57,500 per annum, on recommendation of President, see note set out under section 358 of Title 2. 1969—Salaries of judges increased from $33,000 to $42,500 per annum, commencing first day of pay period which begins after Feb. 14, 1969, on recommendation of President, see note set out under section 358 of Title 2. EXECUTIVE ORDER NO. 12063 Ex. Ord. No. 12063, June 5, 1978, 43 F.R. 24659, which related to the United States Court of Military Appeals Nominating Commission, was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, formerly set out as a note under section 14 of the Appendix to Title 5, Gov- ernment Organization and Employees. § 867a. Art. 67a. Review by the Supreme Court (a) Decisions of the United States Court of Ap- peals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28. (b) The accused may petition the Supreme Court for a writ of certiorari without prepay- ment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28. (Added Pub. L. 101–189, div. A, title XIII, § 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5332, Dec. 23, 2016, 130 Stat. 2935; Pub. L. 118–31, div. A, title V, § 533(a)(2)(A), Dec. 22, 2023, 137 Stat. 261.) Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31 struck out at end ‘‘The Supreme Court may not review by a writ of cer- tiorari under this section any action of the United States Court of Appeals for the Armed Forces in refus- ing to grant a petition for review.’’ 2016—Subsec. (a). Pub. L. 114–328 inserted ‘‘United States’’ before ‘‘Court of Appeals’’ in second sentence. 1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of Mili- tary Appeals’’ in two places. 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. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 868. Art. 68. Branch offices The Secretary concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the Judge Advocate General, may establish a Court of Criminal Ap- peals with one or more panels. That Assistant Judge Advocate General and any Court of Crimi- nal Appeals established by him may perform for that command under the general supervision of the Judge Advocate General, the respective du- ties which the Judge Advocate General and a Court of Criminal Appeals established by the Judge Advocate General would otherwise be re- quired to perform as to all cases involving sen- tences not requiring approval by the President. (Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90–632, § 2(29), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 868 .......... 50:655. May 5, 1950, ch. 169, § 1 (Art. 68), 64 Stat. 130. The word ‘‘considers’’ is substituted for the word ‘‘deems’’. The word ‘‘may’’ is substituted for the words ‘‘shall be empowered to’’. The word ‘‘respective’’ is in- serted for clarity. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 substituted ‘‘Court of Criminal Appeals’’ for ‘‘Court of Military Review’’ wherever ap- pearing. 1968—Pub. L. 90–632 substituted the Secretary con- cerned for the President as the individual authorized to direct the Judge Advocate General to establish a branch office under an Assistant Judge Advocate Gen- eral with any command and substituted ‘‘Court of Mili- tary Review’’ for ‘‘board of review’’ as the name of the body established by the Assistant Judge Advocate Gen- eral in charge of the branch office. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 869. Art. 69. Review by Judge Advocate General (a) IN GENERAL.—Upon application by the ac- cused or receipt of the record pursuant to sec- tion 864(c)(3) of this title (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 re- viewed under section 866 of this title (article 66). (b) TIMING.—(1) To qualify for consideration, an application under subsection (a) must be sub- mitted 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 (article 64); or (B) for a general or special court-martial, one year after the end of the 90-day period be- ginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (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- ment under section 860c of this title (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 Advo- cate may not consider an application sub- mitted more than three years after the com- pletion 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 sub- mitted more than three years after the end of the applicable period under paragraph (1)(B). (c) SCOPE.—(1)(A) In a case reviewed under sec- tion 864 of this title (article 64), the Judge Advo-