dreamproit/uscode huggingface dataset:
10 U.S.C. § 872 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
872(a)
872(b)
50:659(a).
50:659(b).
May 5, 1950, ch. 169, § 1 (Art. 72), 64 Stat. 131.
872(c)
50:659(c).
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”.
10 U.S.C. § 873 (ARMED FORCES)
§ 873. Art. 73. Petition for a new trial
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, § 2(33), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
873
50:660.
May 5, 1950, ch. 169, § 1 (Art. 73), 64 Stat. 132.
The words “the ground” are substituted for the word “grounds”. The words “as the case may be” are substituted for the word “respectively”, since the prescribed action is alternative, not distributive.
heading: Amendments
text: 1994—Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
1968—Pub. L. 90–632 extended time during which accused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 to apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years before Oct. 24, 1968, see section 4(c) of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 874 (ARMED FORCES)
§ 874. Art. 74. Remission and suspension
(a) The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.
(b) The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
874(a)
874(b)
50:661(a).
50:661(b).
May 5, 1950, ch. 169, § 1 (Art. 74), 64 Stat. 132.
In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”.
2000—Subsec. (a). Pub. L. 106–398 inserted at end “However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.”
heading: Effective Date of 2000 Amendment
text: Pub. L. 106–398, § 1 [[div. A], title V, § 553(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: “The amendment made by subsection (a) [amending this section] shall not apply with respect to a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [Oct. 30, 2000].”
10 U.S.C. § 875 (ARMED FORCES)
§ 875. Art. 75. Restoration
(a) Under such regulations as the President may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the President alone to such commissioned grade and with such rank as in the opinion of the President that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
875(a)
875(b)
50:662(a).
50:662(b).
May 5, 1950, ch. 169, § 1 (Art. 75), 64 Stat. 132.
875(c)
50:662(c).
In subsections (b) and (c), the word “If” is substituted for the word “Where”. The word “imposed” is substituted for the word “sustained”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”.
In subsection (c), the word “issue” is substituted for the word “issuance”. The word “commissioned” is inserted for clarity. The words “grade and with such rank” are substituted for the words “rank and precedence”, since a person is appointed to a grade, not a position of precedence, and the word “rank” is the accepted military word denoting the general idea of precedence. The words “the existence of a” are substituted for the word “position”. The word “receive” is omitted as surplusage.
heading: Delegation of Functions
text: For delegation to Secretary of Homeland Security of certain authority vested in President by this section, see section 2(b) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
10 U.S.C. § 876 (ARMED FORCES)
§ 876. Art. 76. Finality of proceedings, findings, and sentences
The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74) and the authority of the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 64.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
876
50:663.
May 5, 1950, ch. 169, § 1 (Art. 76), 64 Stat. 132.
The word “under” is substituted for the words “pursuant to”. The word “are” is substituted for the words “shall be”. The words “Secretary concerned” are substituted for the words “Secretary of a Department”.
10 U.S.C. § 876a (ARMED FORCES)
§ 876a. Art. 76a. Leave required to be taken pending review of certain court-martial convictions
Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 860 of this title (article 60), includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under section 860 of this title (article 60) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
(Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6, 1983, 97 Stat. 1400.)
heading: Amendments
text: 1983—Pub. L. 98–209 substituted “under section 860 of this title (article 60)” for “under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction” and “by the officer exercising general court-martial jurisdiction”, respectively.
heading: Effective Date of 1983 Amendment
text: 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.
heading: Effective Date
text: Section to take effect at end of 60-day period beginning on Nov. 20, 1981, to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, under section 864 or 865 of this title by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title.
10 U.S.C. § 877 (ARMED FORCES)
§ 877. Art. 77. Principals
Any person punishable under this chapter who—
(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission; or
(2) causes an act to be done which if directly performed by him would be punishable by this chapter;
is a principal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
877
50:671.
May 5, 1950, ch. 169, § 1 (Art. 77), 64 Stat. 134.
10 U.S.C. § 878 (ARMED FORCES)
§ 878. Art. 78. Accessory after the fact
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
878
50:672.
May 5, 1950, ch. 169, § 1 (Art. 78), 64 Stat. 134.
10 U.S.C. § 879 (ARMED FORCES)
§ 879. Art. 79. Conviction of lesser included offense
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
879
50:673.
May 5, 1950, ch. 169, § 1 (Art. 79), 64 Stat. 134.
10 U.S.C. § 880 (ARMED FORCES)
§ 880. Art. 80. Attempts
(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
880(a)
880(b)
50:674(a).
50:674(b).
May 5, 1950, ch. 169, § 1 (Art. 80), 64 Stat. 134.
880(c)
50:674(c).
In subsection (a), the words “even though” are substituted for the word “but” for clarity.
10 U.S.C. § 881 (ARMED FORCES)
§ 881. Art. 81. Conspiracy
(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, § 4(b), Oct. 17, 2006, 120 Stat. 2631.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
881
50:675.
May 5, 1950, ch. 169, § 1 (Art. 81), 64 Stat. 134.
The words “or persons” are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.
heading: Amendments
text: 2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).
10 U.S.C. § 882 (ARMED FORCES)
§ 882. Art. 82. Solicitation
(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
882(a)
882(b)
50:676(a).
50:676(b).
May 5, 1950, ch. 169, § 1, (Art. 82), 64 Stat. 134.
10 U.S.C. § 883 (ARMED FORCES)
§ 883. Art. 83. Fraudulent enlistment, appointment, or separation
Any person who—
(1) procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;
shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
883
50:677.
May 5, 1950, ch. 169, § 1 (Art. 83), 64 Stat. 134.
In clauses (1) and (2), the words “means of” are omitted as surplusage.
10 U.S.C. § 884 (ARMED FORCES)
§ 884. Art. 84. Unlawful enlistment, appointment, or separation
Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
884
50:678.
May 5, 1950, ch. 169, § 1 (Art. 84), 64 Stat. 135.
10 U.S.C. § 885 (ARMED FORCES)
§ 885. Art. 85. Desertion
(a) Any member of the armed forces who—
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States;
is guilty of desertion.
(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
885(a)
885(b)
50:679(a).
50:679(b).
May 5, 1950, ch. 169, § 1 (Art. 85), 64 Stat. 135.
885(c)
50:679(c).
In subsection (a), the word “unit” is substituted for the words “place of service” to conform to clause (2) of this section and section 886(3) of this title. The word “proper” is omitted as surplusage.
In subsection (b), the word “commissioned” is inserted for clarity. The word “before” is substituted for the words “prior to”. The words “its acceptance” are substituted for the words “the acceptance of the same”. The words “after tender of” are substituted for the words “having tendered” for clarity. The word “due” is omitted as surplusage.
In subsection (c), the words “attempt to desert” are substituted for the words “attempted desertion”.
10 U.S.C. § 886 (ARMED FORCES)
§ 886. Art. 86. Absence without leave
Any member of the armed forces who, without authority—
(1) fails to go to his appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;
shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
886
50:680.
May 5, 1950, ch. 169, § 1 (Art. 86), 64 Stat. 135.
The words “proper” and “other” are omitted as surplusage.
10 U.S.C. § 887 (ARMED FORCES)
§ 887. Art. 87. Missing movement
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
887
50:681.
May 5, 1950, ch. 169, § 1 (Art. 87), 64 Stat. 135.