Military Justice Amendments of 1981
PL 97-81 (H.R.4792), enacted 11/20/1981

PUBLIC LAW 97-81-NOV. 20, 1981 
95 STAT. 1085 
Public Law 97-81 
97th Congress 
An Act 
To amend title 10, United States Code, to improve the military justice system. 
Nov. 20, 1981 
[H.R. 4792] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
Military Justice 
SHORT TITLE; REFERENCES TO UNIFORM CODE OF MIUTARY JUSTICE 
1981. 
SECTION 1. (a) This Act may be cited as the "Military Justice lo use 80i note. 
Amendments of 1981". 
(b) Whenever in this Act (except in sections 2(a) and 2(b)) an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice). 
lo use 80i et 
seq. 
REQUIRED APPELLATE LEAVE 
SEC. 2. (a) Section 701(a) of title 10, United States Code, is 
amended— 
(1) by striking out "and" at the end of clause (2); 
(2) by striking out the period at the end of clause (3) and 
inserting in lieu thereof"; and"; and 
(3) by inserting after clause (3) the following new clause: 
"(4) leave required to be taken under section 876a of this title.". Post, p. 1087. 
(b)(1) Chapter 40 of such title is amended by adding at the end 
thereof the following new sections: 
*'§706. Administration of leave required to be taken pending lo use 706. 
review of certain court-martial convictions 
"(a) A period of leave required to be taken under section 876a of this 
title shall be charged against any accrued leave to the member's 
credit on the day before the day such leave begins unless the member 
elects to be paid for such accrued leave under subsection (b). If the 
member does not elect to be paid for such accrued leave under 
subsection Ob), or does not have sufficient accrued leave to his credit to 
cover the total period of leave required to be taken, the leave not 
covered by accrued leave shall be charged as excess leave. If the 
member elects to be paid for accrued leave under subsection Ot)), the 
total period of leave required to be taken shall be charged as excess 
leave. 
"03)(1) A member who is required to take leave under section 876a 
of this title and who has accrued leave to his credit on the day before 
the day such leave begins may elect to be paid for such accrued leave. 
Any such pa3mient shall be based on the rate of 
basic pay to which the 
member was entitled on the day before the day such leave began. If 
the member does not elect to be paid for such accrued leave, the 
member is entitled to pay and allowances during the period of 
accrued leave required to be taken. 
95 STAT. 1086 
PUBLIC LAW 97-81—NOV. 20, 1981 
"(2) Except as provided in paragraph (1) and in section 707 of this 
Infra. 
title, a member may not accrue or receive pay or allowances during a 
Post, p. 1087. 
period of leave required to be taken under section 876a of this title. 
"(cXl) A member required to take leave under section 876a of this 
title is not entitled to any right or benefit under section 2021 of title 
38 solely because of employment during the period of such leave. 
"(2) Section 974 of this title does not apply to a member required to 
take leave under section 876a of this title during the period of such 
leave. 
10 use 707. 
"§707. Payment upon disapproval of certain court-martial sen-
tences for excess leave required to be taken 
"(a) A member— 
"(1) who is required to take leave under section 876a of this 
title, any period of which is charged as excess leave under section 
Ante, p. 1085. 
706(a) of this title; and 
"(2) whose sentence by court-martial to a dismissal or a 
dishonorable or bad-conduct discharge is set aside or disapproved 
by a Court of Military Review under section 866 of this title or by 
the United States Court of Military Appeals under section 867 of 
this title, 
shall be paid, as provided in subsection Qo), for the period of leave 
charged as excess leave, unless a rehearing or new trial is ordered 
and a dismissal or a dishonorable or bad-conduct discharge is 
included in the result of the rehearing or new trial and such dismissal 
or discharge is later executed. 
"(b)(1) A member entitled to be paid under this section shall be 
deemed, for purposes of this section, to have accrued pay and 
allowances for each day of leave required to be taken under section 
876a of this title that is charged as excess leave (except any day of 
accrued leave for which the member has been paid under section 
706(b)(1) of this title and which has been charged as excess leave). If 
the pay grade of the member was reduced to a lower grade as a result 
of the court-martial sentence (including any reduction in pay grade 
under section 858a of this title) and such reduction has not been set 
aside, disapproved, or otherwise vacated, pay and allowances to be 
paid under this section shall be deemed to have accrued in such lower 
grade. Otherwise, such pay and allowances shall be deemed to have 
accrued in the pay grade held by the member on the day before the 
day on which his court-martial sentence was approved by the conven-
ing authority. 
"(2) Such a member shall be paid the amount of pay and allowances 
that he is deemed to have accrued, reduced by the total amount of his 
income from wages, salaries, tips, other personal service income, 
unemployment compensation, and public assistance benefits from 
any Government agency during the period he is deemed to have 
accrued pay and allowances. Except as provided in paragraph (3), 
such payment shall be made as follows: 
"(A) Payment shall be made within 60 days from the date of 
the order setting aside or disapproving the sentence by court-
martial to a dismissal or a dishonorable or bad-conduct discharge 
if no rehearing or new trial has been ordered. 
"(B) Payment shall be made within 180 days from the date of 
the order setting aside or disapproving the sentence by court-
martial to a dismissal or a dishonorable or bad-conduct discharge 
if a rehearing or new trial has been ordered but charges have not 
been referred to a rehearing or new trial within 120 days from 
the date of that order. 
PUBLIC LAW 97-81—NOV. 20, 1981 
95 STAT. 1087 
"(C) If a rehearing or new trial has been ordered and a 
dismissal or a dishonorable or bad-conduct discharge is not 
included in the result of such rehearing or new trial, payment 
shall be made within 60 days of the date of the announcement of 
the result of such rehearing or new trial. 
"(D) If a rehearing or new trial has been ordered and a 
dismissal or a dishonorable or bad-conduct discharge is included 
in the result of such rehearing or new trial, but such dismissal or 
discharge is not later executed, payment shall be made within 60 
days of the date of the order which set aside, disapproved, or 
otherwise vacated such dismissal or discharge. 
"(3) If a member is entitled to be paid under this section but fails to Extension. 
provide sufficient information in a timely manner regarding his 
income when such information is requested under regulations pre-
scribed under subsection (c), the periods of time prescribed in para-
graph (2) shall be extended until 30 days after the date on which the 
member provides the information requested. 
"(c) This section shall be administered under uniform regulations 
prescribed by the Secretaries concerned. Such regulations may pro-
vide for the method of determining a member's income during any 
period the member is deemed to have accrued pay and allowances, 
including a requirement that the member provide income tax returns 
and other documentation to verify the amount of his income.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new items: 
"706. Administration of leave required to be taken pending review of certain court-
martial convictions. 
"707. Payment upon disapproval of certain court-martial sentences for excess leave 
required to be taken.". 
(c)(1) Subchapter IX is amended by adding at the end thereof the 
following new section (article): 
"§876a. Art. 76a. Leave required to be taken pending review of lo use 876a. 
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 864 or 865 of this title (article 
64 or 65) by the officer exercising general court-martial jurisdiction, 
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 by the officer 
exercising general court-martial jurisdiction 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.". 
(2) The table of sections at the beginning of such subchapter is 
amended by adding at the end thereof the following new item: 
"876a. 76a. Leave required to be taken pending review of certain court-martial 
convictions.". 
POST-TRIAL CONFINEMENT 
SEC. 3. Section 813 (article 13) is amended— 
lo use 813. 
(1) by striking out "Subject to section 857 of this title (article 
57), no" and inserting in lieu thereof "No"; and 
(2) by striking out "or the result of trial". 
95 STAT. 1088 
PUBLIC LAW 97-81—NOV. 20, 1981 
INDIVIDUAL MILITARY COUNSEL 
10 use 832. 
SEC. 4. (a) Section 832(b) (article 32(b)) is amended by striking out 
the second sentence and inserting in lieu thereof "The accused has 
the right to be represented at that investigation as provided in section 
838 of this title (article 38) and in regulations prescribed under that 
section.". 
10 use 838. 
(b) Subsection (b) of section 838 (article 38(b)) is amended to read as 
follows: 
"(b)(1) The accused has the right to be represented in his defense 
before a general or special court-martial or at an investigation under 
section 832 of this title (article 32) as provided in this subsection. 
"(2) The accused may be represented by civilian counsel if provided 
by him. 
"(3) The accused may be represented— 
"(A) by military counsel detailed under section 827 of this title 
(article 27); or 
"(B) by military counsel of his own selection if that counsel is 
reasonably available (as determined under regulations pre-
scribed under paragraph (7)). 
"(4) If the accused is represented by civilian counsel, military 
counsel detailed or selected under paragraph (3) shall act as associate 
counsel unless excused at the request of the accused. 
"(5) Except as provided under paragraph (6), if the accused is 
represented by military counsel of his own selection under paragraph 
(3)(B), any military counsel detailed under paragraph (3)(A) shall be 
excused. 
"(6) The accused is not entitled to be represented by more than 
one military counsel. However, a convening authority, in his sole 
discretion— 
"(A) may detail additional military counsel as assistant 
defense counsel; and 
"(B) if the accused is represented by military counsel of his own 
selection under paragraph (3)(B), may approve a request from the 
accused that military counsel detailed under paragraph (3)(A) act 
as associate defense counsel. 
Reasonably 
"(7) The Secretary concerned shall, by regulation, define 'reason-
available. 
Qjjjy available' for the purpose of paragraph (3)(B) and establish 
procedures for determining whether the military counsel selected by 
an accused under that paragraph is reasonably available. To the 
maximum extent practicable, such regulations shall establish uni-
form policies among the armed forces while recognizing the differ-
ences in the circumstances and needs of the various armed forces. 
The Secretary concerned shall submit copies of regulations pre-
scribed under this paragraph to the Committees on Armed Services of 
the Senate and House of Representatives.". 
CONSTRUCTIVE SERVICE OF COURT OF MILITARY REVIEW DECISIONS 
10 use 867. 
SEC 5. Subsection (c) of section 867 (article 67(c)) is amended to read 
as follows: 
"(c) The accused may petition the Court of Military Appeals for 
review of a decision of a Court of Military Review within 60 days from 
the earlier of— 
"(1) the date on which the accused is notified of the decision of 
the Court of Military Review; or 
PUBLIC LAW 97-81—NOV. 20, 1981 
95 STAT. 1089 
"(2) the date on which a copy of the decision of the Court of 
Military Review, after being served on appellate counsel of 
record for the accused (if any), is deposited in the United States 
mails for delivery by first-class certified mail to the accused at an 
address provided by the accused or, if no such address has been 
provided by the accused, at the latest address listed for the 
accused in his official service record. 
The Court of Military Appeals shall act upon such a petition 
promptly in accordance with the rules of the court.". 
TIME LIMITS ON APPLICATIONS TO JUDGE ADVOCATES GENERAL 
SEC. 6. Section 869 (article 69) is amended by adding at the end l^ use 869. 
thereof the following new sentence: "When such a case is considered 
upon application of the accused, the application must be filed in the 
Office of the Judge Advocate General by the accused before— 
"(1) October 1,1983; or 
"(2) the last day of the two-year period beginning on the date 
the sentence is approved by the convening authority or, in a 
special court-martial case which requires action under section 
865(b) of this title (article 65(b)), the officer exercising general 
court-martial jurisdiction, 
whichever is later, unless the accused establishes good cause for 
failure to 
file 
within that time.". 
EFFECTIVE DATES 
SEC. 7. (a) The amendments made by this Act shall take effect at the lo use 706 note. 
end of the sixty-day period beginning on the date of the enactment of 
this Act. 
(b)(1) The amendments made by section 2 shall apply to each 
member whose sentence by court-martial is approved on or after the 
effective date of such amendments under section 864 or 865 (article 64 
or 65) of title 10, United States Code, by the officer exercising general 
court-martial jurisdiction. 
(2) The amendments made by section 3 shall apply to each person 
held as the result of a court-martial sentence announced on or after 
the effective date of such amendments. 
(3) The amendment made by section 4(a) shall apply with respect to 
investigations under section 832 (article 32) of title 10, United States 
Code, that begin on or after the effective date of such amendment. 
95 STAT. 1090 
PUBLIC LAW 97-81—NOV. 20, 1981 
(4) The amendment made by section 4(b) shall apply to trials by 
courts-martial in which all charges are referred to trial on or after 
the effective date of such amendment. 
(5) The amendment made by section 5 shall apply to any accused 
with respect to a Court of Military Review decision that is dated on or 
after the effective date of such amendment. 
Approved November 20, 1981. 
LEGISLATIVE HISTORY—H.R. 4792: 
HOUSE REPORT No. 97-306 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
Nov. 4, considered and passed House. 
Nov. 5, considered and passed Senate.