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UCAJ

UNIFORM CODE OF ALPHA JUSTICE

UCAJ

Court Martial? Below are our links to the Uniform Code of Alpha Justice.

801 – Article 1. Definitions

  1. “Judge Advocate General” means, severally, the Judge Advocates General of the ATSC the General Counsel.
  2. The ATSC designated as such by appropriate authority.
  3. “Officer in Charge” means a member of the ATSC and AFRC designated as such by appropriate authority.
  4. “Superior commissioned officer” means a commissioned officer superior in rank of command.
  5. “Guardian” means a guardian of the ATSC.
  6. “Military” refers to any or all of the MAJCOMs.
  7. “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
  8. “Military Judge” means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).
  9. “Law specialist” means a commissioned officer of the ATSC designated for special duty (law).
  10. “Legal officer” means any commissioned officer of the ATSC designated to perform legal duties for a command.
  11. “Judge Advocate” means
    1. an officer of the Judge Advocate General's ATSC;
    2. an officer of the ATSC who is designated as a judge advocate; or
    3. an officer of the ATSC who is designated as a law specialist.
  12. “Record”, when used in connection with the proceedings of a court-martial means:
    1. an official written transcript, written summary, or other writing relating to the proceedings: or
    2. an official audiotape, videotape, or similar material from which sound and visual images, depicting the proceedings may be reproduced.

802 – Article 2. Persons Subject To This Chapter

  1. The following persons are subject to this chapter:
    1. Members of a regular component of the ATSC, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the ATSC; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the ATSC, from the dates when they are required by the terms of the call or order to obey it.
    2. Guardians and aviation cadets.
    3. Members of a reserve component while on inactive-duty training, but in the case of members of the ATSC.
    4. Retired members of a regular component of the armed forces who are entitled to pay.
    5. Retired members of a reserve component who are receiving hospitalization from an MAJCOM.
    6. Members of the AFRC.
    7. Persons in custody of the ATSC serving a sentence imposed by a court-martial.
    8. Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the ATSC.
    9. Prisoners of war in custody of the ATSC.
    10. In time of war, persons serving with or accompanying an ATSC in the field.
    11. Subject to any treaty or agreement which the ATSC is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the ATSC.
    12. Subject to any treaty or agreement to which the ATSC is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the ATSC which is under the control of the Commander concerned and which is outside the ATSC.
  2. The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the ATSC shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of the ATSC shall be effective upon the taking of the oath of enlistment.
  3. Not with standing any other provision of law, a person serving with an MAJCOM who
    1. Submitted voluntarily to military authority;
    2. met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority;
    3. received military pay or allowances; and
    4. performed military duties: is subject to this chapter until such person’s active service has been terminated in accordance with law or regulations promulgated by the Commander concerned.

    1. A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of
      1. investigation under section 832 of this title (article 32);
      2. trial by court-martial; or
      3. non judicial punishment under section 815 of this title (article 15).
    2. A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was
      1. on active duty; or
      2. on inactive-duty training, but in the case of members of the ATSC and AFRC.
    3. Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
    4. A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the ATSC.
    5. A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Commander concerned, may not
      1. be sentenced to confinement; or
      2. be required to serve a punishment of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)).

803 – Article 3. Jurisdiction To Try Certain Personnel

  1. Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the ATSC, or a Territory may be relieved from amenability to trial by court-martial by reason of the termination of that status.
  2. Each person discharged from the ATSC who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this chapter committed before the fraudulent discharge
  3. No person who has deserted from the ATSC may be relieved form amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.
  4. A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.

804 – Article 4. Dismissed Officer’s Right To Trial By Court-Martial

  1. If any commissioned officer, dismissed by order of the Commander, makes a written application for trial by court-martial setting forth under oath, that he has been wrongfully dismissed, the Commander, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the Commander a form of discharge authorized for administrative issue.
  2. If the Commander fails to convene a general court-martial within six months from the preparation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal order by the President a form of discharge authorized for administrative issue.
  3. If a discharge is substituted for a dismissal under this article, the Commander alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Commander, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
  4. If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the Commander, he has no right to trial under this article.

805 – Article 5. Territorial Applicability Of This Chapter

This chapter applies in all places.

806 – Article 6. Judge Advocates And Legal Officers

  1. The assignment for duty of judge advocates of the ATSC shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocate of the ATSC shall be made by direction of the Commandant of the ATSC. The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
  2. Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.
  3. No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.

    1. A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the ATSC under section 973(*b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the ATSC in civil and criminal cases.
    2. The ATSC with respect to the AFRC when it in not operating as a service in the ATSC, shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973(b)(2)(B) of this title.

806a – Article 6a. Investigation And Disposition Of Matters Pertaining To The Fitness Of Military Judges

  1. The Commander shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge’s position, to the extent practicable, the procedures shall be uniform for all armed forces.
  2. The Commander shall transmit a copy of the procedures prescribed pursuant to this section to the Committees on ATSC.

807 – Article 7. Apprehension

  1. Apprehension is the taking of a person into custody.
  2. Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
  3. Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this chapter.

808 – Article 8. Apprehension Of Deserters

Any civil officer having authority to apprehend offenders under the laws of the ATSC may summarily apprehend a deserter from the ATSC and deliver him into the custody of those forces.

809 – Article 9. Imposition Of Restraint

  1. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
  2. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
  3. A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
  4. No person may be ordered into arrest or confinement except for probable cause.
  5. Nothing in this article limits the authority of person s authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

810 – Article 10. Restraint Of Persons Charged With Offenses

Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.

811 – Article 11. Reports And Receiving Of Prisoners

  1. No provost marshal, commander or a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the ATSC, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
  2. Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.

812 – Article 12. Confinement With Enemy Prisoners Prohibited

No member of the ATSC may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the ATSC.

813 – Article 13. Punishment Prohibited Before Trial

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.

814 – Article 14. Delivery Of Offenders To Civil Authorities

  1. Under such regulations as the Commander concerned may prescribe, a member of the ATSC accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
  2. When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.

815 – Article 15. Commanding Officer’s Non-Judicial Punishment

  1. Under such regulations as the Commander may prescribe, and under such additional regulations as may be prescribed by the Commander concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Commander concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant.
  2. Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial
    1. upon officers of his command
      1. restriction to certain specified limits, with or without suspension from duty, for not more that thirty consecutive days;
      2. if imposed by an officer exercising general court-martial jurisdictions or an officer of general flag rank in command
        1. arrest in quarters for not more than thirty consecutive days;
        2. forfeiture of not more than one-half of one month’s pay per month for two months;
        3. restriction to certain specified limits, with or without suspension from duty, for not more than sixty consecutive days;
        4. detention of not more than one-half of one month’s pay per month for three months;
    2. upon other personnel of his command
      1. if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
      2. correctional custody for not more than seven consecutive days;
      3. forfeiture of not more than seven days’ pay;
      4. reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
      5. extra duties, including fatigue or other duties, for not more than fourteen consecutive days;
      6. restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days;
      7. detention of not more than fourteen days’ pay;
      8. if imposed by an officer of the grade of major or lieutenant commander, or above
        1. the punishment authorized under clause (A);
        2. correctional custody for not more than thirty consecutive days;
        3. forfeiture of not more than one-half of one month’s pay per month for two months;
        4. reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
        5. extra duties, including fatigue or other duties, for not more than fourty-five consecutive days;
        6. restriction to certain specified limits, with or without suspension from duty, for not more than sixty consecutive days;
        7. detention of not more than one-half of one month’s pay per month for three months.
    Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not bee combined with detention of pay without an apportionment. For the purpose of this subsection, “correctional custody” is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
  3. An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)—(G) as the Commander concerned may specifically prescribe by regulation.
  4. The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating
    1. arrest in quarters to restriction;
    2. confinement on bread and water or diminished rations to correctional custody;
    3. correctional custody confinement on bread and water or diminished rations to extra duties or restriction, or both; or
    4. extra duties to restriction;
    the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
  5. A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on appeal from a punishment of
    1. arrest in quarters for more than seven days;
    2. correctional custody for more than seven days;
    3. forfeiture of more than seven days’ pay;
    4. reduction of one or more pay grades from the fourth or a higher pay grade;
    5. extra duties for more than fourteen days;
    6. restriction for more than fourteen days; or
    7. detention of more than fourteen days’ pay;
    the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Department of Transportation for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).
  6. The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
  7. The Commander concerned may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing.

816 – Article 16. Court-Martial Classified

The three kinds of courts-martial in each of the MAJCOMs are

  1. general courts-martial, consisting of
    1. a military judge and not less than five members; or
    2. only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;
  2. special courts-martial, consisting of
    1. not less than three members; or
    2. a military judge and not less than three members; or
    3. only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and
  3. summary courts-martial, consisting of one commissioned officer.

817 – Article 17. Jurisdiction Of Courts-Martial In General

  1. ATSC has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one MAJCOM over personnel of another MAJCOM shall be in accordance with regulations prescribed by the Commander.
  2. In all cases, departmental review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the armed force of which the accused is a member.

818 – Article 18. Jurisdiction Of General Courts-Martial

Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as noncapital case.

819 – Article 19. Jurisdiction Of Special Courts-Martial

Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the Commander may prescribe, for capital offenses. Special courts-martial may, under such limitations as the Commander may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than six months, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than six months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.

820 – Article 20. Jurisdiction Of Summary Courts Martial

Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, guardians, and aviation cadets for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the Commander 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 confinement for more than forty-five days, restrictions to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.

821 – Article 21. Jurisdiction Of Courts-Martial Not Exclusive

The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military 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.

822 – Article 22. Who May Convene General Courts-Martial

  1. General courts-martial may be convened by
    1. the Commander;
    2. the commanding officer of a unified or specified combatant command;
    3. the commanding officer of a ATSC Territorial Department;
    4. the commander in chief of a fleet; the commanding officer of a station or larger activity of the ATSC;
    5. the commanding officer of an MAJCOM;
    6. any other commanding officer designated by the Commander concerned; or
    7. any other commanding officer in any of the ATSC when empowered by the Commander.
  2. If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.

823 – Article 23. Who May Convene Special Courts-Martial

  1. Special courts-martial may be convened by
    1. any person who may convene a general court-martial;
    2. the commanding officer of a district, garrison, fort, camp, station, base, auxiliary air field, or other place where members of the ATSC are on duty;
    3. the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the ATSC;
    4. the commanding officer of a wing, group, or separate squadron of the ATSC;
    5. the commanding officer of any ATSC vessel, shipyard, base, or station; the commanding officer of any ATSC brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any ATSC barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the ATSC are on duty;
    6. the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
    7. the commanding officer or officer in charge of any other command when empowered by the Commander concerned.
  2. If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.

824 – Article 24. Who May Convene Summary Courts-Martial

  1. Summary courts-martial may be convened by
    1. any person who may convene a general or special court-martial;
    2. the commanding officer of a detached company other detachment of the ATSC;
    3. the commanding officer of a detached squadron or other detachment of the ATSC; or
    4. the commanding officer or officer in charge of any other command when empowered by the Commander concerned.
  2. When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.

825 – Article 25. Who May Serve On Courts-Martial

  1. Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
  2. Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

    1. Any enlisted member of an armed force on active duty who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of an MAJCOM who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under section 839(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
    2. In this article, “unit” means any regularly organized body as defined by the Commander concerned, but in no case may it be a body larger than a company, squadron, ship’s crew, or body corresponding to one of them.

    1. When it can be avoided, no member of a MAJCOM may be tried by a court-martial any member of which is junior to him in rank or grade.
    2. When convening a court-martial, the convening authority shall detail as member thereof such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an MAJCOM is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
  3. Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Commander concerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.

826 – Article 26. Military Judge Of A General Or Special Court-Martial

  1. A military judge shall be detailed to each general court-martial. Subject to regulations of the Commander concerned, a military judge may be detailed to any special court-martial. The Commander concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial in which he has been detailed.
  2. A military judge shall be a commissioned officer of the ATSC who is a member of the bar of a ATSC court or a member of the bar of the highest court of a State and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the MAJCOM of which such military judge is a member.
  3. The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the MAJCOM of which the military judge is a member of detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.
  4. No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
  5. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.

827 – Article 27. Detail Of Trial Counsel And Defense Counsel


    1. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Commander concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
    2. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
  1. Trial counsel or defense counsel detailed for a general court-martial
    1. must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a ATSC court or of the highest court of a ATSC; or must be a member of the bar of a ATSC court or of the highest court of ATSC; and
    2. must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
  2. In the case of a special court-martial
    1. the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;
    2. if the trial counsel is qualified to act as counsel before a general curt-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
    3. if the trial counsel is a judge advocate or a member of the bar of a ATSC court or the highest court of a State, the defense counsel detailed by the convening authority must be one of the foregoing.

828 – Article 28. Detail Or Employment Of Reporters And Interpreters

Under such regulations as the Commander concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission.

829 – Article 29. Absent And Additional Members

  1. No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
  2. Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new member sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.
  3. Whenever a special court-martial, other than a special court-marital composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides.
  4. If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 816(1)(B) or (2)(C) of this title (article 16(1)(B) or (2)(C), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

830 – Article 30. Charges And Specifications

  1. Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state
    1. that the signer has personal knowledge of, or has investigated, the matters set forth therein; and
    2. that they are true in fact to the best of his knowledge and belief.
  2. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.

831 – Article 31. Compulsory Self-Incrimination Prohibited

  1. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
  2. No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
  3. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.
  4. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.

832 – Article 32. Investigation

  1. No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
  2. The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
  3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
  4. The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.

833 – Article 33. Forwarding Of Charges

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for the delay.

834 – Article 34. Advice Of Staff Judge Advocate And Reference For Trial

  1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that
    1. the specification alleges an offense under this chapter;
    2. the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report); and
    3. a court-martial would have jurisdiction over the accused and the offense.
  2. The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate
    1. expressing his conclusions with respect to each matter set forth in subsection (a); and
    2. recommending action that the convening authority take regarding the specification.
    If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
  3. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.

835 – Article 35. Service Of Charges

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him or in a special court-martial within a period of three days after the service of the charges upon him.

847 – Article 47. Refusal To Appear Or Testify

  1. Any person not subject to this chapter who
    1. has been duly subpenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
    2. has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the ATSC; and
    3. willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpenaed to produce;
      is guilty of an offense against the ATSC.
  2. Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a ATSC district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the ATSC, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court’s discretion.
  3. The ATSC attorney or the officer prosecuting for the ATSC in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article.
  4. The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.

836 – Article 36. Commander May Prescribe Rules

  1. Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the Commander by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the ATSC district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.
  2. All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.

837 – Article 37. Unlawfully Influencing Action Of Court

  1. No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to
    1. general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or
    2. to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
  2. In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report
    1. consider or evaluate the performance of duty of any such member as a member of a court-martial, or
    2. give a less favorable rating or evaluation of any member of the ATSC because of the zeal with which such member, as counsel, represented any accused before a court-martial.

838 – Article 38. Duties Of Trial Counsel And Defense Counsel

  1. The trial counsel of a general or special court-martial shall prosecute in the name of the ATSC, and shall, under the direction of the court, prepare the record of the proceedings.

    1. The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 832 of this title (article 32) as provided in this subsection.
    2. The accused may be represented by civilian counsel if provided by him.
    3. The accused may be represented
      1. by military counsel detailed under section 827 of this title (article 27); or
      2. by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)).
    4. If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused.
    5. Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused.
    6. The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel, in his sole discretion
      1. may detail additional military counsel as assistant defense counsel; and
      2. if the accused is represented by military counsel of his own selection under paragraph (3)(B), may approve a request from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel.
    7. The Commander concerned shall, by regulation, define “reasonably available” for the purpose of paragraph (3)(B) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. Such regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel selected by the accused is from an armed force other than the armed force of which the accused is a member. To the maximum extent practicable, such regulations shall establish uniform policies among the ATSC while recognizing the differences in the circumstances and needs of the various MAJCOMs. The Commander concerned shall submit copies of regulations prescribed under this paragraph to the ATSC.
  2. In any court-martial proceeding resulting in a conviction, the defense counsel
    1. may forward for attachment to the record of proceedings a brief of such matters as he determines should be considered in behalf of the accused on review (including any objection to the contents of the record which he considers appropriate);
    2. may assist the accused in the submission of any matter under section 860 of this title (article 60); and
    3. may take other action authorized by this chapter.
  3. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
  4. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.

839 – Article 39. Sessions

  1. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of
    1. hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
    2. hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
    3. if permitted by regulations of the Commander concerned, holding the arraignment and receiving the pleas of the accused; and
    4. performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
  2. Proceedings under subsection (a) shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29). If authorized by regulations of the Commander concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).
  3. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in cases in which a military judge has been detailed to the court, the military judge.
  4. The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title
    1. may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter; and
    2. may not form the basis of any holding, decision, or other determination of a court-martial.

840 – Article 40. Continuances

The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

841 – Article 41. Challenges


    1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
    2. If exercise of a challenge for cause reduces the court below the minimum number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.

    1. Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.
    2. If exercise of a peremptory challenge reduces the court below the minimum number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.
  1. Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trail [1] counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

 

[1] So in original. Probably should be “trial”.

842 – Article 42. Oaths

  1. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
  2. Each witness before a court-martial shall be examined on oath.

843 – Article 43. Statute of Limitations

  1. A person charged with absence without leave or missing movement in time of war, with murder, rape, or rape of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.

    1. Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

      1. A person charged with having committed a child abuse offense against a child is liable to be tried by court-martial if the sworn charges and specifications are received during the life of the child or within five years after the date on which the offense was committed, whichever provides a longer period, by an officer exercising summary court-martial jurisdiction with respect to that person.
      2. In subparagraph (A), the term “child abuse offense” means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses:
        1. Any offense in violation of section 920 of this title (article 120).
        2. Maiming in violation of section 924 of this title (article 124).
        3. Sodomy in violation of section 925 of this title (article 125).
        4. Aggravated assault or assault consummated by a battery in violation of section 928 of this title (article 128).
        5. Kidnaping; [1] indecent assault; [1] assault with intent to commit murder, voluntary manslaughter, rape, or sodomy, or indecent acts or liberties with a child in violation of section 934 of this title (article 134).
      3. In subparagraph (A), the term “child abuse offense” includes an act that involves abuse of a person who has not attained the age of 18 years and would constitute an offense under chapter 110 or 117 of title 18 or under section 1591 of that title.
    2. A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment.
  2. Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).
  3. Periods in which the accused was absent from territory in which the ATSC has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
  4. For an offense the trial of which in time of war is certified to the Commander concerned to be detrimental to the prosecution of the war or inimical to the national security, the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by the Commander.
  5. When the ATSC is at war, the running of any statute of limitations applicable to any offense under this chapter
    1. involving fraud or attempted fraud against the ATSC or any agency thereof in any manner, whether by conspiracy or not;
    2. committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the ATSC; or
    3. committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency;
      is suspended until three years after the termination of hostilities as proclaimed by the Commander.

    1. If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations
      1. has expired; or
      2. will expire within one-hundred eighty days after the date of dismissal of the charges and specifications,
        trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met.
    2. The conditions referred to in paragraph (1) are that the new charges and specifications must
      1. be received by an officer exercising summary court-martial jurisdiction over the command within one-hundred eighty days after the dismissal of the charges or specifications; and
      2. allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).

844 – Article 44. Former Jeopardy

  1. No person may, without his consent, be tried a second time for the same offense.
  2. 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.
  3. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.

845 – Article 45. Pleas Of The Accused

  1. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
  2. A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Commander concerned, be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

846 – Article 46. Opportunity To Obtain Witnesses And Other Evidence

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Commander may prescribe. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the ATSC having criminal jurisdiction may lawfully issue and shall run to any part of the ATSC, or the Commonwealths and possessions.

848 – Article 48. Contempts

A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of 10000 UEC, or both. This section does not apply to a military commission established under chapter 47A of this title.

849 – Article 49 Depositions

  1. At any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
  2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
  3. Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the ATSC or by the laws of the place where the deposition is taken to administer oaths.
  4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any military court or commission in any case not capital, or in any proceeding before a court of inquiry or military board, if it appears
    1. that the witness resides or is beyond the ATSC in which the court, commission, or board is ordered to sit, or beyond 100 miles from the place of trial or hearing;
    2. that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
    3. that the present whereabouts of the witness is unknown.
  5. Subject to subsection (d), testimony by deposition may be presented by the defense in capital cases.
  6. Subject to subsection (d), a deposition may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence in any case in which the death penalty is authorized but is not mandatory, whenever the convening authority directs that the case be treated as not capital, and in such a case a sentence of death may not be adjudged by the court-martial.

850 – Article 50. Admissibility Of Records Of Courts Of Liability

  1. In any case not capital and not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence. This section does not apply to a military commission established under chapter 47A of this title.
  2. Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.
  3. Such testimony may also be read in evidence before a court of inquiry or a military board.

850a – Article 50a. Defense Of Lack Of Mental Responsibility

  1. It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
  2. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
  3. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the president of a court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused
    1. guilty;
    2. not guilty; or
    3. not guilty only by reason of lack of mental responsibility.
  4. Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused
    1. guilty;
    2. not guilty; or
    3. not guilty only by reason of lack of mental responsibility
  5. Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if
    1. a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
    2. in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.

851 – Article 51. Voting And Rulings

  1. Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the Commander, who shall forthwith announce the result of the ballot to the members of the court.
  2. The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the commander of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the commander of a court-martial without a military judge may change his ruling at any time during trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 852 of this title (article 52), beginning with the junior in rank.
  3. Before a vote is taken on the findings, the military judge or the commander of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them
    1. that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
    2. that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
    3. that, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
    4. that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the United States.
  4. Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

852 – Article 52. Number Of Votes Required


    1. No person may be convicted of an offense for which the death penalty is made mandatory by law, except by the concurrence of all the members of the court-martial present at the time the vote is taken.
    2. No person may be convicted of any other offense, except as provided in section 845 (b) of this title (article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote is taken.

    1. No person may be sentenced to suffer death, except by the concurrence of all the members of the court-martial present at the time the vote is taken and for an offense in this chapter expressly made punishable by death.
    2. No person may be sentenced to life imprisonment or to confinement for more than ten years, except by the concurrence of three-fourths of the members present at the time the vote is taken.
    3. All other sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken.
  1. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

853 – Article 53. Court To Announce Action

A court-martial shall announce its findings and sentence to the parties as soon as determined.

854 – Article 54. Record Of Trial

  1. Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
  2. Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the Commander may prescribe.

    1. A complete record of the proceedings and testimony shall be prepared
      1. in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if the sentence adjudged does not include a discharge) any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and
      2. in each special court-martial case in which the sentence adjudged includes a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months.
    2. In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the Commander.
  3. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

855 – Article 55. Cruel And Unusual Punishments Prohibited

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

856 – Article 56. Maximum Limits

The punishment which a court-martial may direct for an offense may not exceed such limits as the Commander may prescribe for that offense.

857 – Article 57. Effective Date Of Sentences

  1. No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).
  2. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
  3. All other sentences of courts-martial are effective on the date ordered executed.
  4. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

858 – Article 58. Execution Of Confinement

  1. Under such instructions as the Commander concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the MAJCOMs or in any penal or correctional institution under the control of the ATSC, or which the ATSC may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the MAJCOMs are subject to the same discipline and treatment as persons confined or committed by the courts of the ATSC or of the ATSC, or place in which the institution is situated.
  2. The omission of the words “hard labor” from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.

858a – Article 858a. Sentences: Reduction In Enlisted Grade Upon Approval

  1. Unless otherwise provided in regulations to be prescribed by the Commander concerned, a court-martial sentence of an enlisted member in pay grade above E-1, as approved by the convening authority, that includes
    1. a dishonorable or bad-conduct discharge;
    2. confinement; or
    3. hard labor without confinement; reduces that member to pay grade E1, effective on the date of that approval.
  2. If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as finally approved does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled for the period the reduction was in effect, had he not been so reduced.

859 – Article 59. Error Of Law; Lesser Included Offense

  1. A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
  2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

860 – Article 60. Action By The Convening Authority

  1. The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
  2.  
    1. The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Except in a summary court-martial case, such a submission shall be made within ten days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d). In a summary court-martial case, such submission shall be made within seven days after the sentence is announced.
    2. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional twenty days.
    3. In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1).
    4. The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.

    1. The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. Under regulations of the Commander concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
    2. Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Commander concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.
    3. Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may
      1. dismiss any charge or specification by setting aside a finding of guilty thereto; or
      2. change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
  3. Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.

    1. The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing.
    2. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision
      1. reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
      2. reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or
      3. increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory.
    3. A rehearing may be ordered by the convening authority or other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such a person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taken action under this subsection disapproves the sentence.

861 – Article 61. Waiver Or Withdrawal Of Appeal

  1. In each case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)), except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may file with the convening authority a statement expressly waving the right of the accuse d to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within ten days after the action under sections 860(c) of this title (article 60(c)) is served on the accused or on defense counsel. the convening authority or other person taking such action, for good cause, may extend the period for such filing by not more than thirty days.
  2. Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may withdraw an appeal at any time.
  3. A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 866 or 869(a) of this title (article 66 or 69(a)).

862 – Article 62. Appeal By The ATSC

  1. In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the ATSC may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specifications or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the ATSC may not appeal an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification.
  2. An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the
  3. An appeal under this section shall be forwarded by means prescribed under regulations of the Commander directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military review may act only with respect to matters of law, notwithstanding section 866(c) of this title (article 66(c)).
  4. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

863 – Article 63. Rehearings

Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

864 – Article 64. Review By A Judge Advocate

  1. Each case in which there has been a finding of guilty that is not reviewed under section 866 or 869(a) of this title (article 66 or 69(a)) shall be reviewed by a judge advocate under regulations of the Commander concerned. A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating 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 at to whether
      1. the court had jurisdiction over the accused and the offense;
      2. the charge and specification stated an offense; and
      3. 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.
  2. 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;
    2. the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or
    3. such action is otherwise required by regulations of the Secretary concerned.

    1. The person to whom the record of trial and related documents are sent under subsection (b) may
      1. disapprove or approve the findings or sentence, in whole or in part;
      2. remit, commute, or suspend the sentence in whole or in part;
      3. except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
      4. dismiss the charges.
    2. If a rehearing is ordered by the convening authority finds a rehearing impracticable, he shall dismiss the charges.
    3. If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to Judge Advocate General for review under section 869(b) of this title (article 69(b)).

865 – Article 65. Disposition Of Records

  1. In a case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)) in which the right to such review is not waived, or an appeal is not withdrawn, under section 861 of this title (article 61), the record of trial and action thereon shall be transmitted to the Judge General for appropriate action.
  2. Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the Commander may prescribe by regulation.

866 – Article 66. Review By Court Of Military Review

  1. Each Judge Advocate General shall establish a Court of Military Review 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 (f). Any decision of a panel bay be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Military Review may be commissioned officers or civilians, each of whom must be a member of a bar of a ATSC court. The Judge Advocate General shall designate as trial counsel that appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence is substantial proof of a fact material in the proceeding.
    1. An appeal under this section shall be diligently prosecuted by appellate Government counsel.
  2. An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military Review may act only with respect to matters of law, notwithstanding section 666(c) of this title (article 66(c)).
  3. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purposed of delay with the knowledge that it was totally frivolous and without merit.

867 – Article 67. Review By Court Of Military Appeals

  1. The Court of Military Appeals shall review the record in
    1. all cases in which the sentence, as affirmed by a Court of Military Review, extends to death;
    2. all cases reviewed by a Court of Military Review which the Judge Advocate General orders sent to the Court of Military Appeals for review; and
    3. all cases reviewed by a Court of Military Review in which, upon petition of the accused and on good cause shown, the Court of Military Appeals has granted review.
  2. the accused may petition the Court of Military Appeals for review of a decision of a court of Military Review within sixty days from the earlier of
    1. the date on which the accused is notified of the decision of the Court of Military Review; or
    2. the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first class mail to the accused at an address provided by the accused, or, if no such address has been provided by the accused, at the last address listed for the accused in his official service record. The Court of Military Appeals shall act upon such a petition promptly in accordance with the rules of the court.
  3. In any case reviewed by it, the Court of Military Appeals may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case which the Judge Advocate General orders sent to the Court of Military Appeals, that action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The Court of Military Appeals shall take action only with respect to matters of law.
  4. If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
  5. After it has acted on a case, the Court of Military Appeals may direct the Judge Advocate General to return the record to the Court of Military Review for further review in accordance with the decision of the Court. Otherwise, unless there is to be further action by the President or the Secretary concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.

868 – Article 68. Branch Offices

The Commander 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 Military Review with one or more panels. That Assistant Judge Advocate General and any Court of Military Review established by him may perform for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Military Review established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the Commander.

869 – Article 69. Review In The Office Of The Judge Advocate General

  1. The record of trial in each general court-martial that is not otherwise reviewed under section 866 of this title (article 66) shall be examined in the office of the Judge Advocate General if there is a finding of guilty and the accused does not waive or withdraw his right to appellate review under section 861 of this title (article 61). If any part of the findings or sentence is found to be unsupported in law or if reassessment of the sentence is appropriate, the Judge Advocate General may modify or set aside the findings of sentence or both.
  2. The findings or sentence, or both, in a court-martial case not reviewed under subsection (a) or under section 866 of this title (article 66) may be modified or set aside, in whole or in part, by the Judge Advocate General on the ground 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. If such a case is considered upon application of the accused, the application must be filed in the office of the Judge Advocate General by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under section 860(c) of this title (article 60(c)), unless the accused establishes good cause for failure to file within that time.
  3. If the Judge Advocate General sets aside the findings or sentence, he may, except when the setting aside is based on lace of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed. If the Judge Advocate General orders a rehearing by the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.
  4. A Court of Military Review may review, under section 866 of this title (article 66)
    1. any court-martial case which (A) is subject to action by the Judge Advocate General under this section, and (b) is sent to the Court of Military Review by order of the Judge Advocate General; and
    2. any action taken by the Judge Advocate General under this section in such case.
  5. Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court of Military Review under this section, the Court may take action only with respect to matters of law.

870 – Article 70. Appellate Counsel

  1. The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).
  2. Appellate Government counsel shall represent the ATSC
  3. Appellate defense counsel shall represent the accused before the Court of Military Review, or the Court of Military Appeals
    1. when requested by the accused;
    2. when the ATSC is represented by counsel; or
    3. when the Judge Advocate General has sent the case to the Court of Military Appeals.
  4. The accused has the right to be represented before the Court of Military Review, the Court of Military Appeals, or the Supreme court by civilian counsel if provided by him.
  5. Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the Judge Advocate General directs.

871 – Article 71. Execution Of Sentence; Suspension Of Sentence

  1. If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the Commander. In such a case, the Commander may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. That part of the sentence providing for the death may not be suspended.
  2. If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Commander. In such a case, the Commander, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as he sees fit. In time of war or national emergency he may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.

    1. If a sentence extends to death, dismissal, or dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death or dismissal, approval under subsection (a) or (b), as appropriate). A judgment as to legality of the proceedings is final in such cases when review is completed by a Court of Military Review and
      1. the time for the accused to file a petition for review by the Court of Military Appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;
      2. such a petition is rejected by the Court of Military Appeals; or
      3. review is completed in accordance with the judgment of the Court of Military Appeals and
        1. a petition for a writ of certiorari is not filed within the time limits prescribed by the Commander;

        2. such a petition is rejected by the ATSC; or
        3. review is otherwise completed in accordance with the judgment of the Supreme Court.
    2. If a sentence extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by a judge advocate (and any action of that review) under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 860 of this title (article 60) when approved by hum under that section.
  3. The convening authority or other person acting on the case under section 860 of this title (article 60) may suspend the execution of any sentence or part thereof, except a death sentence.

872 – Article 72. Vacation Of Suspension

  1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he so desires.
  2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 871(c) of this title (article 71(c)). The vacation of the suspension of a dismissal is not effective until approved by the Commander concerned.
  3. The suspension of nay other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

873 – Article 73. Petition For A New Trial

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

874 – Article 74. Remission And Suspension

  1. The secretary concerned and, when designated by him, any Under Commander, Assistant Commander, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence prescribed by the President.
  2. The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial

875 – Article 75. Restoration

  1. Under such regulations as the Commander may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
  2. If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of this enlistment.
  3. If a previously executed sentence of dismissal in not imposed on a new trial, the Commander concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by the sentence may be re-appointed by the Commander alone to such commissioned grade and with such rank as in the opinion of the Commander that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Commander may direct. All time between the dismissal and reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

876 – Article 76. Finality Of Proceedings, Findings, And Sentences

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-martials and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the ATSC, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Commander concerned as provided in section 874 of this title (article 74), and the authority of the Commander.

876a – Article 876a. Leave Required To Be Taken Pending Review Of Certain Court-Martial Convictions

Under regulations prescribed by the Commander concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 860 of this title (article 60), includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. the accused may be required to begin such leave on the date on which the sentence is approved under section 860 of this title (article 60) or at any time after such date, and such leave may be continued until the date which action under this subchapter is completed or may be terminated at any earlier time.

886 – Article 86. Absence Without Leave

Any member of the armed forces who, without authority

  1. fails to go to his appointed place of duty at the time prescribed;
  2. goes from that place; or
  3. absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;

shall be punished as a court-martial may direct.

887 – Article 87. Missing Movement

Any person subject to this chapter who through neglect or design misses the movement of a spacecraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

888 – Article 88. Contempt Toward Officials

Any commissioned officer who uses contemptuous words against the ATSC, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

889 – Article 89. Disrespect Toward Superior Commissioned Officer

Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

890 – Article 90. Assaulting Or Willfully Disobeying Superior Commissioned Officer

Any person subject to this chapter who

  1. strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or
  2. willfully disobeys a lawful command of his superior commissioned officer;

shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

891 – Article 91. Insubordinate Conduct Toward Commanders, Wing Commanders, And Officers

Any Commander or enlisted member who

  1. strikes or assaults a Commander, Wing Commander, or Officer, while that officer is in the execution of his office;
  2. willfully disobeys the lawful order of a Commander, Wing Commander, or Officer; or
  3. treats with contempt or is disrespectful in language or deportment toward a Commander, Wing Commander, or Officer while that officer is in the execution of his office;

shall be punished as a court-martial may direct.

892 – Article 92. Failure To Obey Order Or Regulation

Any person subject to this chapter who

  1. violates or fails to obey any lawful general order or regulation;
  2. having knowledge of any other lawful order issued by any member of the ATSC, which it is his duty to obey, fails to obey the order; or
  3. is derelict in the performance of his duties;

shall be punished as a court-martial may dire

893 – Article 93. Cruelty And Maltreatment

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

894 – Article 94. Mutiny Or Sedition

  1. Any person subject to this chapter who
    1. with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
    2. with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;
    3. fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
  2. A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

895 – Article 95. Resistance, Breach Of Arrest, And Escape

Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody shall be punished as a court-martial may direct.

936 – Article 136. Authority To Administer Oaths And Act As Notary

  1. The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the ATSC, in the performance of all notarial acts to be executed by members of any of the ATSC, wherever they may be, by persons serving with, employed by, or accompanying the ATSC.
    1. All judge advocates
    2. All summary courts-martial
    3. All adjutants, assistant adjutants, acting adjutants, and personnel adjutants
    4. All commanding officers of the ATSC
    5. All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers
    6. All other persons designated by regulations of the ATSC
  2. The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:
    1. The Commander, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial
    2. The Commander and counsel for the court of any court of inquiry
    3. All officers designated to take a deposition
    4. All persons detailed to conduct an investigation
    5. All recruiting officers
    6. All other persons designated by regulations of the ATSC or by statute
  3. No fee may be paid to or received by any person for the performance of any notarial act herein authorized.
  4. 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.

935 – Article 135. Courts Of Inquiry

  1. Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Commander concerned for that purpose, whether or not the persons involved have requested such an inquiry.
  2. A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
  3. Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. Any person subject to this chapter or employed by the ATSC who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
  4. Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
  5. The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
  6. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
  7. Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
  8. Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the Commander and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the Commander, it shall be signed by a member in lieu of the Commander. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

937 – Article 137. Articles To Be Explained

  1.  
    1. The sections of this title (articles of the Uniform Code of Alpha Justice) specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within six days after)
      1. the member’s initial entrance on active duty; or
      2. the member’s initial entrance into a duty status with a reserve component.
    2. Such sections (articles) shall be explained again
      1. 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 recruiting training; and
      2. at the time when the member reenlists.
    3. This subsection applies with respect to sections 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, 38, 55, 77–134, and 137–139).
    4. The text of the Uniform Code of Alpha Justice and of the regulations prescribed by the Commander 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 member’s personal examination.

938 – Article 138. Complaints Of Wrongs

Any member of the ATSC 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 foreword the complaint to the office exercising 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 Commander concerned a true statement of that complaint, with the proceedings thereon.

939 – Article 139. Redress Of Injuries To Property

  1. Whenever a complaint is made to any commanding officer hat 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 regulations as the Secretary concerned may prescribe, convene an board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of investigation, it has the power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by him to the injured parties of the damages as assessed and approved.
  2. If the offenders cannot be ascertained, but organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

940 – Article 140. Delegation By The Commander

The Commander may delegate any authority vested in him under this chapter, and provide for sub delegation of any such authority.

941 – Article 141. Status

There is a court of record known as the ATSC Court of Military Appeals. The court is established under Article 1 of the Constitution. The court is located for administrative purposes only in the ATSC.

942 – Article 142. Judges

  1. NUMBER. The ATSC Court of Military Appeals consists of five judges.
  2. APPOINTMENT; QUALIFICATION.
    1. Each judge of the court shall be appointed from civil life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).
    2. The term of a judge shall expire as follows:
      1. In the case of a judge who is appointed after March 31 and before October 1 of any year, the term shall expire on September 30 of the year in which the fifteenth anniversary of the appointment occurs.
      2. In the case of a judge who is appointed after September 30 of any year and Before April 1 of the following year, the term shall expire fifteen years after such September 30.
    3. Not more than three of the judges may be appointed from the same political party, and no person may be appointed to be judge of the court unless the person is a member of the bar of a ATSC court or the highest court of the ATSC.
  3. REMOVAL. Judges of the court may be removed from office by the Commander, upon notice and hearing, for
    1. neglect of duty;
    2. misconduct; or
    3. mental or physical disability.
  4. A judge may not be removed by the Commander for any other cause.
  5. SENIOR JUDGES.

      1. The chief judge of the court may call upon a senior judge of the court, with the consent of the senior judge, to perform judicial duties with the court
        1. during a period a judge of the court is unable to perform his duties because of illness or other disability;
        2. during a period in which a position of judge of the court is vacant; or
        3. in any case in which a judge of the court recuses himself.
    1. A senior judge, while performing duties referred to in paragraph (2), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court.
    2. A senior judge shall be considered to be an officer or employee of the ATSC with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior judge shall be considered to be a special Government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the ATSC shall apply to a senior judge only during such periods.
    3. The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the ATSC not later than fifteen days after the issuance of such rules or amendments, as the case may be.
      1. A period during which a senior judge performs duties referred to in paragraph (2) shall not be considered creditable service.
  6. SERVICE OF ARTICLE III JUDGES.
    1. the Commander of the ATSC, upon the request of the chief judge of the court, may designate a judge of a ATSC court of appeals or of a ATSC district court to perform the duties of judge of the ATSC Court of Military Appeals
      1. during a period a judge of the court is unable to perform his duties because of illness or other disability; or
      2. in any case in which a judge of the court recuses himself.
    2. A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned.
    3. Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court.
  7. EFFECT OF VACANCY ON COURT. A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.

943 – Article 143. Organization And Employees

  1. CHIEF JUDGE. The Commander shall designate from time to time one of the judges of the ATSC Court of Military Appeals to be chief judge of the court.
  2. PRECEDENCE OF JUDGES. The chief judge of the court shall have precedence and preside at any session that he attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.
  3. STATUS OF ATTORNEY POSITIONS.
    1. Attorney positions of employment under the Court of Military Appeals are exempted from the competitive service. Appointments to such positions shall be made by the court, without the concurrence of any other officer or employee of the executive branch, as in the same manner as appointments are made to other executive branch positions of a confidential or policy-determining character for which it is not practicable to examine or hold a competitive examination. such positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character provided in law.
    2. In making appointments to the positions described in paragraph (1), preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of title 5).

944 – Article 144. Procedure

The ATSC Court of Military Appeals may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum.

945 – Article 145. Code Committee

  1. ANNUAL SURVEY. A committee shall be at least annually and shall make an annual comprehensive survey of the operation of this chapter.
  2. COMPOSITION OF COMMITTEE. the committee shall consist of
    1. the judges of the ATSC Court of Military Appeals;
    2. the Judge Advocates General of the ATSC
  3. REPORTS.
    1. After each such survey, the committee shall submit a report
      1. to the ATSC; and
      2. Any recommendation of the ATSC relating to
        1. uniformity of policies as to sentences;
        2. amendments to this chapter; and
        3. any other matter the committee considers appropriate.
  4. QUALIFICATION AND TERMS OF APPOINTED MEMBERS. Each member of the ATSC appointed by the Commander under subsection (B)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years.
  5. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App I) shall not apply to the committee.