
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC864]

 
                         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. 864. Art. 64. Review by a judge advocate

    (a) 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 
Secretary 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 as to whether--
            (A) the court had jurisdiction over the accused and the 
        offense;
            (B) the charge and specification stated an offense; and
            (C) 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.

    (b) 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.

    (c)(1) The person to whom the record of trial and related documents 
are sent under subsection (b) may--
        (A) disapprove or approve the findings or sentence, in whole or 
    in part;
        (B) remit, commute, or suspend the sentence in whole or in part;
        (C) 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
        (D) dismiss the charges.

    (2) If a rehearing is ordered but 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 the Judge Advocate General for review under 
section 869(b) of this title (article 69(b)).

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec. 7(a)(1), 
Dec. 6, 1983, 97 Stat. 1401.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
864...................................  50:651.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              6
4), 64 Stat. 128.
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---------------------------------

    The word ``may'' is substituted for the word ``shall''. The word 
``is'' is substituted for the words ``shall constitute''.


                               Amendments

    1983--Pub. L. 98-209 amended section generally, substituting 
``Review by a judge advocate'' for ``Approval by the convening 
authority'' in section catchline, and, in text, substituting provisions 
relating to review by a judge advocate for provision that in acting on 
the findings and sentence of a court-martial, the convening authority 
could approve only such findings of guilty, and the sentence or such 
part or amount of the sentence, as he found correct in law and fact and 
as he in his discretion determined should be approved, and that unless 
he indicated otherwise, approval of the sentence was approval of the 
findings and sentence.


                    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 section 871 of this title.
