10 U.S.C. § 868 — Art. 68. Branch offices

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-