
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: 10USC872]

 
                         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. 872. Art. 72. Vacation of suspension

    (a) 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.
    (b) 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 Secretary concerned.
    (c) The suspension of any 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 63.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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872(a)................................  50:659(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
872(b)................................  50:659(b).                            7
2), 64 Stat. 131.
872(c)................................  50:659(c).
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    In subsection (a), the word ``Before'' is substituted for the words 
``Prior to''.
    In subsection (b), the words ``be effective * * * to'' are omitted 
as surplusage.
    The second sentence is restated to make it clear that the execution 
of the rest of the court-martial sentence is not automatic. The word 
``is'' is substituted for the words ``shall * * * be'' in the last 
sentence. The word ``sent'' is substituted for the word ``forwarded''. 
The words ``Secretary concerned'' are substituted for the words 
``Secretary of the Department''.
