
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: 10USC865]

 
                         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. 865. Art. 65. Disposition of records

    (a) 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review is not waived, or an appeal is not withdrawn, under section 861 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 Advocate General for appropriate action.
    (b) Except as otherwise required by this chapter, all other records 
of trial and related documents shall be transmitted and disposed of as 
the Secretary concerned may prescribe by regulation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90-179, Sec. 1(6), Dec. 
8, 1967, 81 Stat. 546; Pub. L. 90-632, Sec. 2(26), Oct. 24, 1968, 82 
Stat. 1341; Pub. L. 96-513, title V, Sec. 511(25), Dec. 12, 1980, 94 
Stat. 2922; Pub. L. 98-209, Sec. 6(d)(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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865(a)................................  50:652(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
865(b)................................  50:652(b).                            6
5), 64 Stat. 128.
865(c)................................  50:652(c).
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---------------------------------

    In subsection (b), the word ``If'' is substituted for the word 
``Where''.
    In subsections (a) and (b), the words ``send'' and ``sent'' are 
substituted for the words ``forward'' and ``forwarded'', respectively.
    In subsection (c), the words ``Secretary concerned'' are substituted 
for the words ``Secretary of the Department''.


                               Amendments

    1983--Pub. L. 98-209 amended section generally, substituting 
``Disposition of records'' for ``Disposition of records after review by 
the convening authority'' in section catchline, and, in text, 
substituting provisions relating to disposition of records for prior 
provisions relating to disposition of records that required when the 
convening authority had taken final action in a general court-martial 
case, he had to send the entire record, including his action thereon and 
the opinion or opinions of the staff judge advocate or legal officer, to 
the appropriate Judge Advocate General, required that where sentences of 
special courts-martial included a bad-conduct discharge, the record had 
to be sent for review either to the officer exercising general court-
martial jurisdiction over the command to be reviewed or directly to the 
appropriate Judge Advocate General to be reviewed by a Court of Military 
Review, and required that all other special and summary court-martial 
records had to be reviewed by a judge advocate of the Army, Navy, Air 
Force, or Marine Corps, or a law specialist or lawyer of the Coast Guard 
or Department of Transportation, and had to be transmitted and disposed 
of as the Secretary concerned might prescribe by regulation.
    1980--Subsec. (c). Pub. L. 96-513 substituted ``Department of 
Transportation'' for ``Department of the Treasury''.
    1968--Subsec. (b). Pub. L. 90-632 substituted ``Court of Military 
Review'' for ``board of review'' wherever appearing.
    1967--Subsec. (c). Pub. L. 90-179 inserted reference to judge 
advocate of the Marine Corps and substituted reference to judge advocate 
of the Navy for reference to law specialist of the Navy.


                    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.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.
