10 U.S.C. § 821 — Art. 21. Jurisdiction of courts-martial not

Page 734 TITLE 10—ARMED FORCES § 821 special or general court-martial as may be ap- propriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confine- ment for more than 45 days, restriction to speci- fied limits for more than two months, or for- feiture of more than two-thirds of one month’s pay. (b) NON-CRIMINAL FORUM.—A summary court- martial is a non-criminal forum. A finding of guilty at a summary court-martial does not con- stitute a criminal conviction. (Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(6), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 114–328, div. E, title LIV, § 5164, Dec. 23, 2016, 130 Stat. 2899.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 820 .......... 50:580. May 5, 1950, ch. 169, § 1 (Art. 20), 64 Stat. 114. The word ‘‘shall’’ in the first sentence is omitted as surplusage. The word ‘‘may’’ is substituted for the word ‘‘shall’’ in the second sentence. The words ‘‘the provi- sions of’’ are omitted as surplusage. The word ‘‘If’’ is substituted for the word ‘‘Where’’. The words ‘‘for more than’’ are substituted for the words ‘‘in excess of’’. The words ‘‘more than’’ are substituted for the words ‘‘pay in excess of’’. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the per- son objects thereto for provisions allowing such trial over the person’s objection if he has previously been of- fered and has refused article 15 punishment. Statutory Notes and Related Subsidiaries 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 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. § 821. Art. 21. Jurisdiction of courts-martial not exclusive The provisions of this chapter conferring juris- diction upon courts-martial do not deprive mili- tary commissions, provost courts, or other mili- tary tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals. This section does not apply to a mili- tary commission established under chapter 47A of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 821 .......... 50:581. May 5, 1950, ch. 169, § 1 (Art. 21), 64 Stat. 115. The words ‘‘do not deprive’’ are substituted for the words ‘‘shall not be construed as depriving’’. The words ‘‘with respect to’’ are substituted for the words ‘‘in re- spect of’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–366 inserted last sentence. SUBCHAPTER V—COMPOSITION OF COURTS-MARTIAL Sec. Art. 822. 22. Who may convene general courts-martial. 823. 23. Who may convene special courts-martial. 824. 24. Who may convene summary courts-mar- tial. 824a. 24a. Special trial counsel. 825. 25. Who may serve on courts-martial. 825a. 25a. Number of court-martial members in cap- ital cases. 826. 26. Military judge of a general or special court-martial. 826a. 26a. Military magistrates. 827. 27. Detail of trial counsel and defense coun- sel. 828. 28. Detail or employment of reporters and in- terpreters. 829. 29. Assembly and impaneling of members; de- tail of new members and military judges. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title V, § 531(b), Dec. 27, 2021, 135 Stat. 1693, added item 824a. 2017—Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, amended Pub. L. 114–328, § 5541(2). See 2016 Amendment note below. 2016—Pub. L. 114–328, div. E, title LXIII, § 5541(2), Dec. 23, 2016, 130 Stat. 2965, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, added items 825a, 826a, and 829 and struck out former items 825a ‘‘Art. 25a. Number of members in capital cases’’ and 829 ‘‘Art. 29. Absent and additional members’’. 2001—Pub. L. 107–107, div. A, title V, § 582(b)(2), Dec. 28, 2001, 115 Stat. 1124, added item 825a. 1968—Pub. L. 90–632, § 2(8), Oct. 24, 1968, 82 Stat. 1336, substituted ‘‘Military judge of a general or special court-martial’’ for ‘‘Law officer of a general court-mar- tial’’ in item 826. § 822. Art. 22. Who may convene general courts- martial (a) General courts-martial may be convened by— (1) the President of the United States; (2) the Secretary of Defense; (3) the commanding officer of a unified or specified combatant command; (4) the Secretary concerned; (5) the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps;