
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC860]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 860. Art. 60. Action by the convening authority

    (a) The findings and sentence of a court-martial shall be reported 
promptly to the convening authority after the announcement of the 
sentence.
    (b)(1) The accused may submit to the convening authority matters for 
consideration by the convening authority with respect to the findings 
and the sentence. Any such submission shall be in writing. Except in a 
summary court-martial case, such a submission shall be made within 10 
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 a 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 20 
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.
    (c)(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 
Secretary 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 Secretary 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--
        (A) dismiss any charge or specification by setting aside a 
    finding of guilty thereto; or
        (B) 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.

    (d) 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.
    (e)(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--
        (A) reconsider a finding of not guilty of any specification or a 
    ruling which amounts to a finding of not guilty;
        (B) 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
        (C) increase the severity 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 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 taking action under 
this subsection disapproves the sentence.

(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 98-209, Sec. 5(a)(1), 
Dec. 6, 1983, 97 Stat. 1395; Pub. L. 99-661, div. A, title VIII, 
Sec. 806(a)-(c), Nov. 14, 1986, 100 Stat. 3908, 3909; Pub. L. 104-106, 
div. A, title XI, Sec. 1132, Feb. 10, 1996, 110 Stat. 464.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
860...................................  50:647.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              6
0), 64 Stat. 127.
-------------------------------------------------------------------------------
---------------------------------

    The word ``a'' is substituted for the word ``every''. The word 
``by'' before the words ``any officer'' is omitted as surplusage. The 
word ``person'' is substituted for the word ``officer'' before the words 
``who convened'', since, under sections 823 and 824 of this title 
(articles 23 and 24), noncommissioned officers who are ``officers in 
charge'' may convene special and summary courts-martial.


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-106 inserted after first sentence 
``Any such submission shall be in writing.''
    1986--Subsec. (b)(1). Pub. L. 99-661, Sec. 806(a)(3), amended par. 
(1) generally. Prior to amendment, par. (1) read as follows: ``Within 30 
days after the sentence of a general court-martial or of a special 
court-martial which has adjudged a bad-conduct discharge has been 
announced, the accused may submit to the convening authority matters for 
consideration by the convening authority with respect to the findings 
and the sentence. In the case of all other special courts-martial, the 
accused may make such a submission to the convening authority within 20 
days after the sentence is announced. In the case of all summary courts-
martial the accused may make such a submission to the convening 
authority within seven days after the sentence is announced. 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 period--
        ``(A) in the case of a general court-martial or a special court-
    martial which has adjudged a bad-conduct discharge, for not more 
    than an additional 20 days; and
        ``(B) in the case of all other courts-martial, for not more than 
    an additional 10 days.''
    Subsec. (b)(2). Pub. L. 99-661, Sec. 806(a)(2), (3), added par. (2). 
Former par. (2) redesignated (3).
    Subsec. (b)(3). Pub. L. 99-661, Sec. 806(a)(1), (2), redesignated 
par. (2) as (3), inserted a comma after ``case'', and struck out former 
par. (3) which read as follows: ``In no event shall the accused in any 
general or special court-martial case have less than a seven-day period 
after the day on which a copy of the authenticated record of trial has 
been given to him within which to make a submission under paragraph (1). 
The convening authority or other person taking action on the case, for 
good cause, may extend this period for up to an additional 10 days.''
    Subsec. (c)(2). Pub. L. 99-661, Sec. 806(b), struck out ``and, if 
applicable, under subsection (d),'' after ``under subsection (b)''.
    Subsec. (d). Pub. L. 99-661, Sec. 806(c), substituted ``who may 
submit any matter in response under subsection (b)'' for ``who shall 
have five days from the date of receipt in which to submit any matter in 
response. The convening authority or other person taking action under 
this section, for good cause, may extend that period for up to an 
additional 20 days.''
    1983--Pub. L. 98-209 amended section generally, substituting 
``Action by the convening authority'' for ``Initial action on the 
record'' as section catchline, and, in text, substituting new provision 
for provision that after a trial by court-martial the record had to be 
forwarded to the convening authority, and action thereon could be taken 
by the person who convened the court, a commissioned officer commanding 
for the time being, a successor in command, or any officer exercising 
general court-martial jurisdiction.


                    Effective Date of 1986 Amendment

    Section 806(c) [(d)] of title VIII of Pub. L. 99-661 provided that: 
``The amendments made by this section [amending this section] shall 
apply in cases in which the sentence is adjudged on or after the 
effective date of this title.''
    Title VIII of Pub. L. 99-661 effective the earlier of (1) the last 
day of the 120-day period beginning on Nov. 14, 1986; or (2) the date 
specified in an Executive order for such amendment to take effect, see 
section 808 of Pub. L. 99-661, set out as a note under section 802 of 
this title.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but not to apply to any case in 
which the findings and sentence were adjudged by a court-martial before 
that date, and the proceedings in any such case to be held in the same 
manner and with the same effect as if such amendments had not been 
enacted, see section 12(a)(1), (4) of Pub. L. 98-209, set out as a note 
under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 838, 856a, 857, 858b, 861, 
864, 869, 871, 876a, 1059, 1408 of this title.
