10 U.S.C. § 937 — Art. 137. Articles to be explained

Page 839 TITLE 10—ARMED FORCES § 937 Subsec. (c). Pub. L. 114–328, § 541(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The judges of the United States Court of Ap- peals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).’’ 2008—Subsec. (c). Pub. L. 110–181 added subsec. (c). 1990—Subsec. (a). Pub. L. 101–510, § 551(b)(1), struck out ‘‘, and have the general powers of a notary public and of a consul of the United States, in the perform- ance of all notarial acts to be executed by members of any of the armed forces, wherever they may be, by per- sons serving with, employed by, or accompanying the armed forces outside the United States and outside Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to this chapter outside of the United States’’ after ‘‘including military justice’’ in in- troductory provisions. Subsecs. (c), (d). Pub. L. 101–510, § 551(b)(2), struck out subsecs. (c) and (d) which read as follows: ‘‘(c) No fee may be paid to or received by any person for the performance of any notarial act herein author- ized. ‘‘(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.’’ 1988—Subsec. (a). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ before ‘‘Puerto Rico,’’. 1986—Subsecs. (a), (b). Pub. L. 99–661 inserted ‘‘or per- forming inactive-duty training’’ after ‘‘active duty’’. 1983—Subsec. (a)(1). Pub. L. 98–209, § 2(f)(1), struck out ‘‘of the Army, Navy, Air Force, and Marine Corps’’ after ‘‘All judge advocates’’. Subsec. (a)(2) to (7). Pub. L. 98–209, § 2(f)(2), struck out par. (2) which included law specialists among those per- sons authorized to administer oaths and to act as nota- ries under this section, and redesignated pars. (3) to (7) as (2) to (6), respectively. 1968—Subsec. (b). Pub. L. 90–632 substituted ‘‘military judge’’ for ‘‘law officer’’ in par. (1). 1967—Subsec. (a)(1). Pub. L. 90–179 inserted references to judge advocates of the Navy and the Marine Corps. 1960—Subsec. (a). Pub. L. 86–589 permitted the admin- istration of oaths and the performance of notarial acts for persons serving, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by section 5502 of Pub. L. 114–328 effec- tive on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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 1986 AMENDMENT Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 937. Art. 137. Articles to be explained (a) ENLISTED MEMBERS.—(1) The sections (arti- cles) of this chapter specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within fourteen days after)— (A) the member’s initial entrance on active duty; (B) the member’s initial entrance into a duty status with a reserve component; or (C) the member’s initial entrance on active duty or into a space force active status. (2) Such sections (articles) shall be explained again— (A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruit train- ing; (B) after a member of the Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or re- cruit training; and (C) at the time when the member reenlists. (3) This subsection applies with respect to sec- tions 802, 803, 807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139). (b) OFFICERS.—(1) The sections (articles) of this chapter specified in paragraph (2) shall be carefully explained to each officer at the time of (or within six months after)— (A) the initial entrance of the officer on ac- tive duty as an officer; or (B) the initial commissioning of the officer in a reserve component or the Space Force. (2) This subsection applies with respect to the sections (articles) specified in subsection (a)(3) and such other sections (articles) as the Sec- retary concerned may prescribe by regulation. (c) TRAINING FOR CERTAIN OFFICERS.—Under regulations prescribed by the Secretary con- cerned, officers with the authority to convene courts-martial or to impose non-judicial punish- ment shall receive periodic training regarding the purposes and administration of this chapter. Under regulations prescribed by the Secretary of Defense, officers assigned to duty in a joint com- mand or a combatant command, who have such authority, shall receive additional specialized training regarding the purposes and administra- tion of this chapter with respect to joint com- mands and the combatant commands. (d) AVAILABILITY AND MAINTENANCE OF TEXT.— The text of this chapter and the text of the regu- lations prescribed by the President under this chapter shall be— (1) made available to a member on active duty, to a member of a reserve component, or to a member of the Space Force, upon request by the member, for the member’s personal ex- amination; and Page 840 TITLE 10—ARMED FORCES § 938 (2) maintained by the Secretary of Defense in electronic formats that are updated periodi- cally and made available on the Internet. (Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99–661, div. A, title VIII, § 804(d), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 104–106, div. A, title XI, § 1152, Feb. 10, 1996, 110 Stat. 468; Pub. L. 114–328, div. E, title LXI, § 5503, Dec. 23, 2016, 130 Stat. 2960; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(R), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 118–31, div. A, title XVII, § 1722(f)(3), Dec. 22, 2023, 137 Stat. 671; Pub. L. 118–159, div. A, title XVII, § 1701(a)(17), Dec. 23, 2024, 138 Stat. 2204.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 937 .......... 50:733. May 5, 1950, ch. 169, § 1 (Art. 137), 64 Stat. 144. The word ‘‘each’’ is substituted for the word ‘‘every’’. The word ‘‘member’’ is substituted for the word ‘‘per- son’’. The words ‘‘in [any of] the armed forces of the United States’’ are omitted as surplusage. Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tion 973 of this title. AMENDMENTS 2024—Subsec. (a)(2)(B). Pub. L. 118–159 inserted ‘‘the’’ before ‘‘Space Force’’. 2023—Subsec. (a)(1)(C). Pub. L. 118–31, § 1722(f)(3)(A), added subpar. (C). Subsec. (a)(2)(B), (C). Pub. L. 118–31, § 1722(f)(3)(B), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(1)(B). Pub. L. 118–31, § 1722(f)(3)(C), in- serted ‘‘or the Space Force’’ after ‘‘in a reserve compo- nent’’. Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(3)(D), sub- stituted ‘‘, to a member of a reserve component, or to a member of the Space Force,’’ for ‘‘or to a member of a reserve component,’’. 2017—Subsec. (a)(1). Pub. L. 115–91, § 1081(c)(1)(R)(i), struck out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chapter’’ in introductory provisions. Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(R)(ii), which di- rected amendment of subsec. (b) by striking out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chap- ter’’ in the matter preceding subparagraph (A), was ex- ecuted by making the amendment in introductory pro- visions of par. (1) of subsec. (b), to reflect the probable intent of Congress. Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(R)(iii), struck out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chapter’’ in introductory provisions. 2016—Subsec. (a). Pub. L. 114–328, § 5503(1), inserted heading. Subsec. (a)(1). Pub. L. 114–328, § 5503(1), substituted ‘‘The sections (articles) of this chapter (the Uniform Code of Military Justice)’’ for ‘‘The sections of this title (articles of the Uniform Code of Military Justice)’’ in introductory provisions. Subsecs. (b) to (d). Pub. L. 114–328, § 5503(2), (3), added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: ‘‘The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the mem- ber’s personal examination.’’ 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘with- in fourteen days’’ for ‘‘within six days’’. 1986—Pub. L. 99–661 amended section generally, in- serting provisions relating to reserve components. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 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 1986 AMENDMENT Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title. § 938. Art. 138. Complaints of wrongs Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall for- ward the complaint to the officer exercising gen- eral court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 938 .......... 50:734. May 5, 1950, ch. 169, § 1 (Art. 138), 64 Stat. 144. The words ‘‘commanding officer’’ are substituted for the word ‘‘commander’’. The word ‘‘who’’ is inserted after the word ‘‘and’’. The word ‘‘commissioned’’ is in- serted after the word ‘‘superior’’ for clarity. The words ‘‘The officer exercising general court-martial jurisdic- tion’’ are substituted for the words ‘‘That officer’’ for clarity. The word ‘‘send’’ is substituted for the word ‘‘transmit’’. The word ‘‘Secretary’’ is substituted for the word ‘‘Department’’ for accuracy, since the ‘‘De- partment’’, as an entity, could not act upon the com- plaint. § 939. Art. 139. Redress of injuries to property (a) Whenever complaint is made to any com- manding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the armed forces, he may, under such regula- tions as the Secretary concerned may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of