### SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

| Sec. | Art. | |
| --- | --- | --- |
| 859. | 59. | Error of law; lesser included offense. |
| 860. | 60. | Post-trial processing in general and special courts-martial. |
| 860a. | 60a. | Limited authority to act on sentence in specified post-trial circumstances. |
| 860b. | 60b. | Post-trial actions in summary courts-martial and certain general and special courts-martial. |
| 860c. | 60c. | Entry of judgment. |
| 861. | 61. | Waiver of right to appeal; withdrawal of appeal. |
| 862. | 62. | Appeal by the United States. |
| 863. | 63. | Rehearings. |
| 864. | 64. | Judge advocate review of finding of guilty in summary court-martial. |
| 865. | 65. | Transmittal and review of records. |
| 866. | 66. | Courts of Criminal Appeals. |
| 867. | 67. | Review by the Court of Appeals for the Armed Forces. |
| 867a. | 67a. | Review by the Supreme Court. |
| 868. | 68. | Branch offices. |
| 869. | 69. | Review by Judge Advocate General. |
| 870. | 70. | Appellate counsel. |
| [871. | 71. | Repealed.] |
| 872. | 72. | Vacation of suspension. |
| 873. | 73. | Petition for a new trial. |
| 874. | 74. | Remission and suspension. |
| 875. | 75. | Restoration. |
| 876. | 76. | Finality of proceedings, findings, and sentences. |
| 876a. | 76a. | Leave required to be taken pending review of certain court-martial convictions. |
| 876b. | 76b. | Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment. |

#### **Editorial Notes**

#### Amendments

2017—Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, made technical amendment to Pub. L. 114–328, §5541(6)(A) to (C). See 2016 Amendment notes below.

2016—Pub. L. 114–328, div. E, title LXIII, §5541(6)(D), Dec. 23, 2016, 130 Stat. 2967, struck out item 871 "Art. 71. Execution of sentence; suspension of sentence".

Pub. L. 114–328, div. E, title LXIII, §5541(6)(B), (C), Dec. 23, 2016, 130 Stat. 2967, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, substituted "Judge advocate review of finding of guilty in summary court-martial" for "Review by a judge advocate" in item 864, "Transmittal and review of records" for "Disposition of records" in item 865, "Courts of Criminal Appeals" for "Review by Court of Criminal Appeals" in item 866, and "Review by Judge Advocate General" for "Review in the office of the Judge Advocate General" in item 869.

Pub. L. 114–328, div. E, title LXIII, §5541(6)(A), Dec. 23, 2016, 130 Stat. 2966, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, added items 860a to 860c and substituted "Post-trial processing in general and special courts-martial" for "Action by the convening authority" in item 860.

Pub. L. 114–328, div. E, title LXIII, §5541(6)(A), Dec. 23, 2016, 130 Stat. 2966, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, which directed amendment of analysis by striking out item "61" and inserting item 861, was amended by striking out item 861 "Waiver or withdrawal of appeal" and adding new item 861 to reflect the probable intent of Congress.

1996—Pub. L. 104–106, div. A, title XI, §1133(a)(2), Feb. 10, 1996, 110 Stat. 466, added item 876b.

1994—Pub. L. 103–337, div. A, title IX, §924(c)(4)(C), Oct. 5, 1994, 108 Stat. 2832, substituted "Court of Criminal Appeals" for "Court of Military Review" in item 866 and "Court of Appeals for the Armed Forces" for "Court of Military Appeals" in item 867.

1990—Pub. L. 101–510, div. A, title XIV, §1484(i)(1), Nov. 5, 1990, 104 Stat. 1718, added item 867a.

1983—Pub. L. 98–209, §§5(a)(2), (b)(2), (c)(2), (h)(2), 6(d)(2), 7(a)(2), Dec. 6, 1983, 97 Stat. 1397, 1398, 1400–1402, substituted "Post-trial Procedure and Review of Courts-Martial" for "Review of Courts-Martial" as subchapter heading, "Action by the convening authority" for "Initial action on the record" in item 860, "Waiver or withdrawal of appeal" for "Same—General court-martial records" in item 861, "Appeal by the United States" for "Reconsideration and revision" in item 862, "Review by a judge advocate" for "Approval by the convening authority" in item 864, and "Disposition of records" for "Disposition of records after review by the convening authority" in item 865.

1981—Pub. L. 97–81, §2(c)(2), Nov. 20, 1981, 95 Stat. 1087, added item 876a.

1968—Pub. L. 90–632, §2(25), Oct. 24, 1968, 82 Stat. 1341, substituted "Court of Military Review" for "board of review" in item 866 (article 66).