Military Justice Act of 1983
PL 98-209 (S.974), enacted 12/06/1983

PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1398 
Public Law 98-209 
98th Congress 
An Act 
To amend chapter 47 of title 10, United States Code (the Uniform Code of Military 
Dec. 6, 1983 
Justice), to improve the quality and efficiency of the military justice system, to 
fs^9741 
revise the laws concerning review of courts-martial, and for other purposes. 
Be it enacted by the Senate and the House of Representatives of the 
United States of America in Congress assembled. 
Military Justice 
' 
* 
Act of 1983. 
SHORT TITLE; REFERENCES TO THE UNIFORM CODE OF M I U T A R Y JUSTICE 
SECTION 1. (a) This Act may be cited as the "Military Justice Act 
10 USC 801 note. 
of 1983". 
(b) Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of chapter 47 of 
title 10, United States Code (the Uniform Code of Military Justice). 
10 USC 801 et 
seq. 
INCLUSION OF LAW SPECIALISTS OF THE COAST GUARD WITHIN 
DEFINITION OF JUDGE ADVOCATE 
SEC. 2. (a) Clause 13 of section 801 (article 1(13)) is amended to 
10 USC 801. 
read as follows: 
"(13) 'Judge advocate' means— 
"(A) an officer of the Judge Advocate General's Corps of the 
Army or the Navy; 
"(B) an officer of the Air Force or the Marine Corps who is 
designated as a judge advocate; or 
"(C) an officer of the Coast Guard who is designated as a law 
specialist.". 
O
t
>
) The first sentence of section 806(a) (article 6(a)) is amended by 
lO USC 806. 
striking out "and Air Force and law specialists of the" and inserting 
in lieu thereof "Air Force, and". 
(c) Section 815(e) (article 15(e)) is amended by striking out "of the 
10 USC 815. 
Army, Navy, Air Force, or Marine Corps, or a law specialist or 
lawyer of the Coast Guard or" and inserting in lieu thereof "or a 
lawyer of the". 
(d) Section 827 (article 27) is amended— 
10 USC 827. 
(1) in subsection (bXD, by striking out "of the Army, Navy, 
Air Force, or Marine Corps or a law specialist of the Coast 
Guard,"; and 
(2) in subsection (cX3), by striking out ", or a law specialist,". 
(e) Section 842(a) (article 42(a)) is amended by striking out ", law 
10 USC 842. 
specialist," both places it appears in the third sentence. 
(f) Section 936(a) (article 136(a)) is amended— 
10 USC 936. 
(1) in clause (1), by striking out "of the Army, Navy, Air 
Force, and Marine Corps"; and 
(2) by striking out clause (2) and redesignating clauses (3) 
through (7) as clauses (2) through (6), respectively. 
97 STAT. 1394 
PUBLIC LAW 98-209—DEC. 6, 1983 
MATTERS RELATING TO THE MILITARY JUDGE, COUNSEL, AND MEMBERS 
OF THE COURT-MARTIAL 
10 use 816. 
SEC. 3. (a) Section 816(1)(B) (article 16(1)(B)) is amended by insert-
ing "orally on the record or" before "in writing". 
10 use 825. 
(b) Section 825 (article 25) is amended by adding at the end thereof 
the following new subsection: 
"(e) Before a court-martial is assembled for the trial of a case, the 
convening authority may excuse a member of the court from partici-
pating in the case. Under such regulations as the Secretary con-
cerned may prescribe, the convening authority may delegate his 
authority under this subsection to his staff judge advocate or legal 
officer or to any other principal assistant.". 
10 use 826. 
(cXl) Section 826 (article 26) is amended— 
(A) by striking out subsection (a) and inserting in lieu thereof 
the following: 
"(a) A military judge shall be detailed to each general court-
martial. Subject to regulations of the Secretary concerned, a 
Regulations. 
military judge may be detailed to any special court-martial. The 
Secretary concerned shall prescribe regulations providing for the 
manner in which military judges are detailed for such courts-
martial and for the persons who are authorized to detail military 
judges for such courts-martial. The military judge shall preside over 
each open session of the court-martial to which he has been de-
tailed.' ; and 
(B) in the first sentence of subsection (c), by striking out "by 
the convening authority, and, unless" and inserting in lieu 
thereof "in accordance with regulations prescribed under sub-
section (a). Unless". 
(2) Section 827(a) (article 27(a)) is amended— 
(A) by striking out "For each" and all that follows through 
"appropriate." and inserting in lieu thereof the following: "(1) 
Trial counsel and defense counsel shall be detailed for each 
general and special court-martial. Assistant trial counsel and 
assistant and associate defense counsel may be detailed for each 
general and special court-martial. The Secretary concerned 
shall prescribe regulations providing for the manner in which 
counsel are detailed for such courts-martial and for the persons 
who are authorized to detail counsel for such courts-martial."; 
and 
(B) by designating the sentence beginning "No person who 
has acted as investigating officer" as paragraph (2) and by 
striking out "assistant defense counsel" in such sentence and 
inserting in lieu thereof "assistant or associate defense 
counsel'. 
10 use 829. 
(d) Section 829(a) (article 29(a)) is amended by striking out "except 
for" and all that follows through the period and inserting in lieu 
thereof the following: "unless excused as a result of a challenge, 
excused by the military judge for physical disability or other gcwod 
cause, or excused by order of the convening authority for good 
cause.". 
10 use 838. 
(eXi) Section 838(bX6) (article 38(bX6)) is amended by striking out 
"a convening authority" and inserting in lieu thereof "the person 
authorized under regulations prescribed under section 827 of this 
title (article 27) to detail counsel". 
(2) Paragraph (7) of section 838(b) (article 38(bX7)) is amended by 
inserting after the first sentence the following new sentence: "Such 
10 u s e 827. 
Regulations. 
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1395 
regulations may not prescribe any limitation based on the reason-
able availability of counsel solely on the grounds that the counsel 
selected by the accused is from an armed force other than the armed 
force of which the accused is a member.". 
(3) Section 838(c) (article 38(c)) is amended to read as follows: 10USC838. 
"(c) In any court-martial proceeding resulting in a conviction, the 
defense counsel— 
"(1) may forward for attachment to the record of proceedings 
a brief of such matters as he determines should be considered in 
behalf of the accused on review (including any objection to the 
contents of the record which he considers appropriate); 
"(2) may assist the accused in the submission of any matter 
under section 860 of this title (article 60); and 
Infra. 
"(3) may take other action authorized by this chapter.", 
(f) Section 842(a) (article 42(a)) is amended by striking out "assist- 
10 USC 842. 
ant defense counsel" in the first and third sentences and inserting 
in lieu thereof "assistant or associate defense counsel". 
PRETRIAL ADVICE AND REFERRAL OF CHARGES 
SEC. 4. (a)(1) The first sentence of section 834(a) is amended by 10 USC 834. 
striking out "or legal officer". 
(2) The second sentence of such section is amended to read as 
follows: "The convening authority may not refer a specification 
under a charge to a general court-martial for trial unless he has 
been advised in writing by the staff judge advocate that— 
"(1) the specification alleges an offense under this chapter; 
"(2) the specification is warranted by the evidence indicated 
in the report of investigation under section 832 of this title 
(article 32) (if there is such a report); and 
"(3) a court-martial would have jurisdiction over the accused 
and the offense.", 
(b) Section 834 (article 34) is further amended by redesignating 
subsection (b) as subsection (c) and inserting after subsection (a) the 
following new subsection (b): 
"(b) The advice of the staff judge advocate under subsection (a) 
with respect to a specification under a charge shall include a written 
and signed statement by the staff judge advocate— 
"(1) expressing his conclusions with respect to each matter set 
forth in subsection (a); and 
"(2) recommending action that the convening authority take 
regarding the specification. 
If the specification is referred for trial, the recommendation of the 
staff judge advocate shall accompany the specification.". 
RIGHT TO APPEAL AND RELATED MATTERS 
SEC. 5. (a)(1) Section 860 (article 60) is amended to read as follows: 10 USC 860. 
"§ 860. Art. 60. Action by the convening authority 
"(a) The findings and sentence of a court-martial shall be reported 
promptly to the convening authority after the announcement of the 
sentence. 
"(b)(1) Within 30 days after the sentence of a general court-
martial or of a special court-martial which has adjudged a bad-
conduct discharge has been announced, the accused may submit to 
the convening authority matters for consideration by the convening 
97 STAT. 1396 
PUBLIC LAW 98-209—DEC. 6, 1983 
Extension 
period. 
Extension 
period. 
Waiver. 
Written 
recommenda-
tion. 
authority with respect to the findings and the sentence. In the case 
of all other special courts-martial, the accused may make such a 
submission to the convening authority within 20 days after the 
sentence is announced. In the case of all summary courts-martial 
the accused may make such a submission to the convening authority 
within 7 days after the sentence is announced. If the accused 
shows that additional time is required for the accused to submit 
such matters, the convening authority or other person taking action 
under this section, for good cause, may extend the period— 
"(A) in the case of a general court-martial or a special court-
martial which has adjudged a bad-conduct discharge, for not 
more than an additional 20 days; and 
"(B) in the case of all other courts-martial, for not more than 
an additional 10 days. 
"(2) In a summary court-martial case the accused shall be 
promptly provided a copy of the record of trial for use in preparing a 
submission authorized by paragraph (1). 
"(3) In no event shall the accused in any general or special court-
martial case have less than a 7-day period after the day on 
which a copy of the authenticated record of trial has been given to 
him within which to make a submission under paragraph (1). The 
convening authority or other person taking action on the case, for 
good cause, may extend this period for up to an additional 10 days. 
"(4) The accused may waive his right to make a submission to the 
convening authority under paragraph (1). Such a waiver must be 
made in writing and may not be revoked. For the purposes of 
subsection (c)(2), the time within which the accused may make a 
submission under this subsection shall be deemed to have expired 
upon the submission of such a waiver to the convening authority. 
"(c)(1) The authority under this section to modify the findings and 
sentence of a court-martial is a matter of command prerogative 
involving the sole discretion of the convening authority. Under 
regulations of the Secretary concerned, a commissioned officer com-
manding for the time being, a successor in command, or any person 
exercising general court-martial jurisdiction may act under this 
section in place of the convening authority. 
"(2) Action on the sentence of a court-martial shall be taken by 
the convening authority or by another person authorized to act 
under this section. Subject to regulations of the Secretary con-
cerned, such action may be taken only after consideration of any 
matters submitted by the accused under subsection (b) and, if appli-
cable, under subsection (d), or after the time for submitting such 
matters expires, whichever is earlier. The convening authority or 
other person taking such action, in his sole discretion, may approve, 
disapprove, commute, or suspend the sentence in whole or in part. 
"(3) Action on the findings of a court-martial by the convening 
authority or other person acting on the sentence is not required. 
However, such person, in his sole discretion, may— 
"(A) dismiss any charge or specification by setting aside a 
finding of guilty thereto; or 
"(B) change a finding of guilty to a charge or specification to a 
finding of guilty to an offense that is a lesser included offense of 
the offense stated in the charge or specification. 
"(d) Before acting under this section on any general court-martial 
case or any special court-martial case that includes a bad-conduct 
discharge, the convening authority or other person taking action 
under this section shall obtain and consider the written recommen-
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1397 
Extension 
period. 
dation of his staff judge advocate or legal officer. The convening 
authority or other person taking action under this section shall 
refer the record of trial to his staff judge advocate or legal officer, 
and the staff judge advocate or legal officer shall use such record in 
the preparation of his recommendation. The recommendation of the 
staff judge advocate or legal officer shall include such matters as the 
President may prescribe by regulation and shall be served on the 
accused, who shall have five days from the date of receipt in which 
to submit any matter in response. The convening authority or other 
person taking action under this section, for good cause, may extend 
that period for up to an additional 20 days. Failure to object in the 
response to the recommendation or to any matter attached to the 
recommendation waives the right to object thereto. 
"(eXl) The convening authority or other person taking action 
under this section, in his sole discretion, may order a proceeding in 
revision or a rehearing. 
"(2) A proceeding in revision may be ordered if there is an 
apparent error or omission in the record or if the record shows 
improper or inconsistent action by a court-martial with respect to 
the findings or sentence that can be rectified without material 
prejudice to the substantial rights of the accused. In no case, how-
ever, may a proceeding in revision— 
"(A) reconsider a finding of not guilty of any specification or a 
ruling which amounts to a finding of not guilty; 
"(B) reconsider a finding of not guilty of any charge, unless 
there has been a finding of guilty under a specification laid 
under that charge, which sufficiently alleges a violation of some 
article of this chapter; or 
"(C) increase the severity of the sentence unless the sentence 
prescribed for the offense is mandatory. 
"(3) A rehearing may be ordered by the convening authority or Rehearing. 
other person taking action under this section if he disapproves the 
findings and sentence and states the reasons for disapproval of the 
findings. If such person disapproves the findings and sentence and 
does not order a rehearing, he shall dismiss the charges. A rehear-
ing as to the findings may not be ordered where there is a lack of 
sufficient evidence in the record to support the findings. A rehearing 
as to the sentence may be ordered if the convening authority or 
other person taking action under this subsection disapproves the 
sentence.". 
(2) The item relating to such section (article) in the table of 
sections at the beginning of subchapter IX is amended to read as 
follows: 
"860. 60. Action by the convening authority.". 
Ot)Xl) Section 861 (article 61) is amended to read as follows: 
"§ 861. Art. 61. Waiver or withdrawal of appeal 
"(a) In each case subject to appellate review under section 866 or 
869(a) of this title (article 66 or 69(a)), except a case in which the 
sentence as approved under section 860(c) of this title (article 60(c)) 
includes death, the accused may file with the convening authority a 
statement expressly waiving the right of the accused to such review. 
Such a waiver shall be signed by both the accused and by defense 
counsel and must be filed within 10 days after the action under 
section 860(c) of this title (article 60(c)) is served on the accused or on 
defense counsel. The convening authority or other person taking Extension 
period. 
10 u s e 861. 
Post, p. 1402. 
Ante, p. 1395. 
97 STAT. 1398 
PUBLIC LAW 98-209—DEC. 6, 1983 
Ante, p. 1395. 
Post, p. 1402. 
10 u s e 862. 
Written notice. 
Submittal to 
Court of Military 
Review. 
10 u s e 863. 
such action, for good cause, may extend the period for such filing by 
not more than 30 days. 
"(b) Except in a case in which the sentence as approved under 
section 860(c) of this title (article 60(c)) includes death, the accused 
may withdraw an appeal at any time. 
"(c) A waiver of the right to appellate review or the withdrawal of 
an appeal under this section bars review under section 866 or 869(a) 
of this title (article 66 or 69(a)).". 
(2) The item relating to such section (article) in the table of 
sections at the beginning of subchapter IX is amended to read as 
follows: 
"861. 61. Waiver or withdrawal of appeal.". 
(cXD Section 862 (article 62) is amended to read as follows: 
"§ 862. Art. 62. Appeal by the United States 
"(aXD In a trial by court-martial in which a military judge 
presides and in which a punitive discharge may be adjudged, the 
United States may appeal an order or ruling of the military judge 
which terminates the proceedings with respect to a charge or specifi-
cation or which excludes evidence that is substantial proof of a fact 
material in the proceeding. However, the United States may not 
appeal an order or ruling that is, or that amounts to, a finding of not 
guilty with respect to the charge or specification. 
"(2) An appeal of an order or ruling may not be taken unless the 
trial counsel provides the military judge with written notice of 
appeal from the order or ruling within 72 hours of the order or 
ruling. Such notice shall include a certification by the trial counsel 
that the appeal is not taken for the purpose of delay and (if the 
order or ruling appealed is one which excludes evidence) that the 
evidence excluded is substantial proof of a fact material in the 
proceeding, 
"(3) An appeal under this section shall be diligently prosecuted by 
appellate Government counsel. 
"(b) An appeal under this section shall be forwarded by a means 
prescribed under regulations of the President directly to the Court 
of Military Review and shall, whenever practicable, have priority 
over all other proceedings before that court. In ruling on an appeal 
under this section, the Court of Military Review may act only with 
respect to matters of law, notwithstanding section 866(c) of this title 
(article 66(c)). 
"(c) Any period of delay resulting from an appeal under this 
section shall be excluded in deciding any issue regarding denial of a 
speedy trial unless an appropriate authority determines that the 
appeal was filed solely for the purpose of delav with the knowledge 
that it was totally frivolous and without merit.'. 
(2) The item relating to such section (article) in the table of 
sections at the beginning of subchapter IX is amended to read £is 
follows: 
"862. 62. Appeal by the United States.". 
(d) Section 863 (article 63) is amended— 
(1) by striking out subsection (a); and 
(2) in subsection (b)— 
(A) by striking out "(b)"; 
(B) by inserting "under this chapter" after "Each rehear-
ing"; and 
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1399 
10 use 871. 
Death sentence. 
(C) by inserting at the end thereof the following: "If the 
sentence approved after the first court-martial was in ac-
cordance with a pretrial agreement and the accused at the 
rehearing changes his plea with respect to the charges or 
specifications upon which the pretrial agreement was 
based, or otherwise does not comply with the pretrial agree-
ment, the sentence as to those charges or specifications may 
include any punishment not in excess of that lawfully 
adjudged at the first court-martial.", 
(e) Section 871 (article 71) is amended— 
(1) by striking out subsection (a) and inserting in lieu thereof 
the following: 
"(a) If the sentence of the court-martial extends to death, that part 
of the sentence providing for death may not be executed until 
approved by the President. In such a case, the President may 
commute, remit, or suspend the sentence, or any part thereof, as he 
sees fit. That part of the sentence providing for death may not be 
suspended."; 
(2) in subsection (b), by striking out the first and second Dismissal 
sentences and inserting in lieu thereof the following: "If in the 
case of a commissioned officer, cadet, or midshipman, the sen-
tence of a court-martial extends to dismissal, that part of the 
sentence providing for dismissal may not be executed until 
approved by the Secretary concerned or such Under Secretary 
or Assistant Secretary as may be designated by the Secretary 
concerned. In such a case, the Secretary, Under Secretary, or 
Assistant Secretary, as the case may be, may commute, remit, 
or suspend the sentence, or any part of the sentence, as he sees 
fit."; and 
(3) by striking out subsections (c) and (d) and inserting in lieu 
thereof the following: 
"(cXl) If a sentence extends to death, dismissal, or a dishonorable 
or bad-conduct discharge and if the right of the accused to appellate 
review is not waived, and an appeal is not withdrawn, under section 
861 of this title (article 61), that part of the sentence extending to 
death, dismissal, or a dishonorable or bad-conduct discharge may 
not be executed until there is a final judgment as to the legality of 
the proceedings (and with respect to death or dismissal, approval 
under subsection (a) or (b), as appropriate). A judgment as to legality Review, 
of the proceedings is final in such cases when review is completed by 
a Court of Military Review and— 
"(A) the time for the accused to file a petition for review by 
the Court of Military Appeals has expired and the accused has 
not filed a timely petition for such review and the case is not 
otherwise under review by that Court; 
"(B) such a petition is rejected by the Court of Military 
Appeals; or 
"(C) review is completed in accordance with the judgment of 
the Court of Military Appeals and— 
"(i) a petition for a writ of certiorari is not filed within 
the time limits prescribed by the Supreme Court; 
"(ii) such a petition is rejected by the Supreme Court; or 
"(iii) review is otherwise completed in accordance with 
the judgment of the Supreme Court. 
"(2) If a sentence extends to dismissal or a dishonorable or bad 
conduct discharge and if the right of the accused to appellate review 
is waived, or an appeal is withdrawn, under section 861 of this title 
Sentences. 
Final judgment. 
Ante, p. 1397. 
97 STAT. 1400 
PUBLIC LAW 98-209—DEC. 6, 1983 
(article 61), that part of the sentence extending to dismissal or a bad-
conduct or dishonorable discharge may not be executed until review 
of the case by a judge advocate (and any action on that review) 
Post, p. 1401. 
under section 864 of this title (article 64) is completed. Any other 
part of a court-martial sentence may be ordered executed by the 
convening authority or other person acting on the case under sec-
Ante, p. 1395. 
tion 860 of this title (article 60) when approved by him under that 
section. 
Suspension. 
«(d) fhe convening authority or other person acting on the case 
under section 860 of this title (article 60) may suspend the execution 
of any sentence or part thereof, except a death sentence.". 
10 use 857. 
(f) Subsection (a) of section 857 (article 57(a)) is amended to read as 
follows: 
"(a) No forfeiture may extend to any pay or allowances accrued 
before the date on which the sentence is approved by the person 
acting under section 860(c) of this title (article 60(c)).". 
10 use 876a. 
(g) Section 876a (article 76a) is amended— 
(1) by striking out "864 or 865 of this title (article 64 or 65) by 
the officer exercising general court-martial jurisdiction" and 
inserting in lieu thereof "860 of this title (article 60)"; and 
(2) by striking out "by the officer exercising general court-
martial jurisdiction" in the second sentence and inserting in 
lieu thereof "under section 860 of this title (article 60)". 
(hXD The table of subchapters at the beginning of chapter 47 is 
amended by striking out the item relating to subchapter IX and 
inserting in lieu thereof the following: 
"IX. Post-trial Procedure and Review of Courts-Martial 
859 59". 
(2) The subchapter heading at the beginning of subchapter IX is 
amended to read as follows: 
"SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW 
OF COURTS-MARTIAL". 
10 u s e 801. 
"Record." 
10 u s e 849. 
10 u s e 854. 
RECORD OF TRIAL 
SEC. 6. (a) Section 801 (article 1) is amended by adding at the end 
thereof the following new clause: 
"(14) 'Record', when used in connection with the proceedings 
of a court-martial, means— 
"(A) an official written transcript, written summary, or 
other writing relating to the proceedings; or 
"(B) an official audiotape, videotape, or similar material 
from which sound, or sound and visual images, depicting 
the proceedings may be reproduced.". 
(b) Subsections (d) and (D of section 849 (article 49) are each 
amended by inserting after "read in evidence" the following: "or, in 
the case of audiotape, videotape, or similar material, may be played 
in evidence". 
(c) Section 854 (article 54) is amended— 
(1) in subsection (a), by striking out the last sentence; 
(2) in subsection (b), by striking out "shall contain the matter 
and"; 
(3) by redesignating subsection (c) as subsection (d); and 
(4) by inserting after subsection (b) the following new sub-
section: 
"(cXD A complete record of the proceedings and testimony shall be 
prepared— 
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1401 
"(A) in each general court-martial case in which the sentence 
adjudged includes death, a dismissal, a discharge, or (if the 
sentence adjudged does not include a discharge) any other 
punishment which exceeds that which may otherwise be ad-
judged by a special court-martial; and 
"(B) in each special court-martial case in which the sentence 
adjudged includes a bad-conduct discharge. 
"(2) In all other court-martial cases, the record shall contain such 
matters as may be prescribed by regulations of the President.". 
(d)(1) Section 865 (article 65) is amended to read as follows: 10USC865. 
"§ 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 Post, p. 1402. 
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 
Ante, p. 1397. 
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.". 
(2) The item relating to such section (article) in the table of 
sections at the beginning of subchapter IX is amended to read as 
follows: 
"865. 65. Disposition of records.". 
REVIEW OF COURTS-MARTIAL AND RELATED MATTERS 
SEC. 7. (aXD Section 864 (article 64) is amended to read as follows: lO use 864. 
"§ 864. Art. 64. Review by a judge advocate 
"(a) Each case in which there has been a finding of guilty that is 
not reviewed under section 866 or 869(a) of this title (article 66 or 
69(a)) shall be reviewed by a judge advocate under regulations of the Post, p. 1402. 
Secretary concerned. A judge advocate may not review a case under 
this subsection if he has acted in the same case as an accuser, 
investigating officer, member of the court, military judge, or counsel 
or has otherwise acted on behalf of the prosecution or defense. The 
judge advocate's review shall be in writing and shall contain the 
following: 
"(1) Conclusions as to whether— 
"(A) the court had jurisdiction over the accused and the 
offense; 
"(B) the charge and specification stated an offense; and 
"(C) the sentence was within the limits prescribed as a 
matter of law. 
"(2) A response to each allegation of error made in writing by 
the accused. 
"(3) If the case is sent for action under subsection (b), a 
recommendation as to the appropriate action to be taken and an 
opinion as to whether corrective action is required as a matter 
of law. 
"(b) The record of trial and related documents in each case 
reviewed under subsection (a) shall be sent for action to the person 
exercising general court-martial jurisdiction over the accused at the 
97 STAT. 1402 
PUBLIC LAW 98-209—DEC. 6, 1983 
time the court was convened (or to that person's successor in 
command) if— 
"(1) the judge advocate who reviewed the case recommends 
corrective action; 
Ante, p. 1395. 
"(2) the sentence approved under section 860(c) of this title 
(article 60(c)) extends to dismissal, a bad-conduct or dishonor-
able discharge, or confinement for more than six months; or 
"(3) such action is otherwise required by regulations of the 
Secretary concerned. 
"(cXl) The person to whom the record of trial and related docu-
ments are sent under subsection (b) may— 
"(A) disapprove or approve the findings or sentence, in whole 
or in part; 
"(B) remit, commute, or suspend the sentence in whole or in 
part; 
"(C) except where the evidence was insufficient at the trial to 
support the findings, order a rehearing on the findings, on the 
sentence, or on both; or 
"(D) dismiss the charges. 
"(2) If a rehearing is ordered but the convening authority finds a 
rehearing impracticable, he shall dismiss the charges. 
"(3) If the opinion of the judge advocate in the judge advocate's 
review under subsection (a) is that corrective action is required as a 
matter of law and if the person required to take action under 
subsection Ot)) does not take action that is at least as favorable to the 
accused as that recommended by the judge advocate, the record of 
trial and action thereon shall be sent to the Judge Advocate General 
Infra- 
for review under section 8690:)) of this title (article 69(b)).". 
(2) The item relating to such section (article) in the table of 
sections at the beginning of subchapter IX is amended to read as 
follows: 
"864. 64. Review by a judge advocate.". 
10 use 866. 
(b) Section 866(a) (article 66(a)) is amended by inserting after the 
second sentence the following new sentence: "Any decision of a 
panel may be reconsidered by the court sitting as a whole in 
accordance with such rules.", 
(c) Section 8660t)) (article 660>)) is amended to read as follows: 
"(b) The Judge Advocate General shall refer to a Court of Military 
Review the record in each case of trial by court-martial— 
"(1) in which the sentence, as approved, extends to death, 
dismissal of a commissioned officer, cadet, or midshipman, dis-
honorable or bad-conduct discharge, or confinement for one 
year or more; and 
"(2) except in the case of a sentence extending to death, the 
right to appellate review has not been waived or an appeal has 
Ante, p. 1397. 
not been withdrawn under section 861 of this title (article 61).". 
10 use 867. 
(d) Section 867(bXl) (article 67(bXl)) is amended by striking out 
"affects a general or flag officer or". 
10 use 869. 
(eXD The text of section 869 (article 69) is amended to read as 
follows: 
"(a) The record of trial in each general court-martial that is not 
otherwise reviewed under section 866 of this title (article 66) shall be 
examined in the office of the Judge Advocate General if there is a 
finding of guilty and the accused does not waive or withdraw his 
right to appellate review under section 861 of this title (article 61). If 
any part of the findings or sentence is found to be unsupported in 
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1403 
law or if reassessment of the sentence is appropriate, the Judge 
Advocate General may modify or set aside the findings or sentence 
or both. If the Judge Advocate General so directs, the record shall be 
reviewed by a Court of Military Review under section 866 of this 
title (article 66), but in that event there may be no further review by 
the Court of Military Appeals except under section 867(b)(2) of this 
title (article 67(b)(2)). 
"(b) The findings or sentence, or both, in a court-martial case not 
reviewed under subsection (a) or under section 866 of this title 
(article 66) may be modified or set aside, in whole or in part, by the 
Judge Advocate General on the ground of newly discovered evi-
dence, fraud on the court, lack of jurisdiction over the accused or the 
offense, error prejudicial to the substantial rights of the accused, or 
the appropriateness of the sentence. If 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 on or before the 
last day of the two-year period beginning on the date the sentence is 
approved under section 860(c) of this title (article 60(c)), unless the 
^"'^^ P-1395. 
accused establishes good cause for failure to file within that time. 
"(c) If the Judge Advocate General sets aside the findings or Rehearing, 
sentence, he may, except when the setting aside is based on lack of 
sufficient evidence in the record to support the findings, order a 
rehearing. If he sets aside the findings and sentence and does not 
order a rehearing, he shall order that the charges be dismissed. If 
the Judge Advocate General orders a rehearing but the convening 
authority finds a rehearing impractical, the convening authority 
shall dismiss the charges.". 
(2) The two-year period specified under the second sentence of 10 USC 869 note. 
section 869(b) (article 69(b)) of title 10, United States Code, as 
amended by paragraph (1), does not apply to any application filed in 
the office of the appropriate Judge Advocate General (as defined in 
section 801(1) of such title) on or before October 1, 1983. The 
application in such a case shall be considered in the same manner 
and with the same effect as if such two-year period had not been 
enacted. 
INCLUSION OF CONTROLLED SUBSTANCES IN PUNITIVE ARTICLES 
SEC. 8. (a) Subchapter X is amended by inserting after section 912 
(article 112) the following new section (article): 
"§912a. Art. 112a. Wrongful use, possession, etc., of controlled lOUSC9l2a. 
substances 
"(a) Any person subject to this chapter who wrongfully uses, 
possesses, manufactures, distributes, imports into the customs terri-
tory of the United States, exports from the United States, or intro-
duces into an installation, vessel, vehicle, or aircraft used by or 
under the control of the armed forces a substance described in 
subsection (b) shall be punished as a court-martial may direct. 
"(b) The substances referred to in subsection (a) are the following: 
"(1) Opium, heroin, cocaine, amphetamine, lysergic acid 
diethylamide, methamphetamine, 
phencyclidine, 
barbituric 
acid, and marijuana and any compound or derivative of any 
such substance. 
"(2) Any substance not specified in clause (1) that is listed on a 
schedule of controlled substances prescribed by the President 
for the purposes of this article. 
97 STAT. 1404 
PUBLIC LAW 98-209—DEC. 6, 1983 
"(3) Any other substance not specified in clause (1) or con-
tained on a list prescribed by the President under clause (2) that 
is listed in schedules I through V of section 202 of the Controlled 
Substances Act (21 U.S.C. 812).". 
(b) The table of sections at the beginning of such subchapter is 
amended by inserting after the item relating to section 912 (article 
112) the following new item: 
"912a. 
112a. Wrongful use, possession, etc., of controlled substances.". 
THE CODE COMMITTEE 
10 use 867. 
SEC. 9. (a) Section 867(g) (article 67(g)) is amended— 
(1) by striking out "The Court of Military Appeals" and all 
that follows through "and report" and inserting in lieu thereof 
"(1) A committee consisting of the judges of the Court of Mili-
tary Appeals, the Judge Advocates General of the Army, Navy, 
and Air Force, the Chief Counsel of the Coast Guard, the 
Director, Judge Advocate Division, Headquarters, United States 
Marine Corps, and two members of the public appointed by the 
Secretary of Defense shall meet at least annually. The commit-
tee shall make an annual comprehensive survey of the oper-
ation of this chapter. After each such survey, the committee 
shall report"; 
(2) by adding at the end thereof the following: 
"(2) Each member of the committee appointed by the Secretary of 
Defense shall be a recognized authority in military justice or crimi-
nal law. Each such member shall be appointed for a term of three 
years. 
"(3) The Federal Advisorv Committee Act (5 U.S.C. App. I) shall 
not apply to the committee.'. 
(bXl) The Secretary of Defense shall establish a commission to 
study and make recommendations concerning the following matters: 
(A) Whether the sentencing authority in court-martial cases 
should be exercised by a military judge in all noncapital cases to 
which a military judge has been detailed. 
(B) Whether military judges and the Courts of Military 
Review should have the power to suspend sentences. 
(C) Whether the jurisdiction of the special court-martial 
should be expanded to permit adjudgment of sentences includ-
ing confinement of up to one year, and what, if any, changes 
should be made to current appellate jurisdiction. 
(D) Whether military judges, including those presiding at 
special and general courts-martial and those sitting on the 
Courts of Military Review, should have tenure. 
(E) What should be the elements of a fair and equitable 
retirement system for the judges of the United States Court of 
Military Appeals. 
Membership. 
(2) The commission shall consist of nine members, at least three of 
whom shall be persons from private life who are recognized authori-
ties in military justice or criminal law. 
Report. 
(3) The commission shall prepare a comprehensive report in sup-
port of its recommendations on the matters set forth in paragraph 
(1). The commission shall include in such report its findings and 
comments on the following matters: 
(A) The experience in the civilian sector with jury sentencing 
and judge-alone sentencing, with particular reference to consist-
5 u s e app. 
eommission, 
establishment. 
Study and 
recommenda-
tions. 
10 u s e 867 note. 
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1405 
ency, uniformity, sentence appropriateness, efficiency in the 
sentencing process, and impact on the rights of the accused. 
(B) The potential impact of mandatory judge-alone sentencing 
on the Armed Forces, with particular reference to consistency, 
uniformity, sentence appropriateness, efficiency in the sentenc-
ing process, impact on the rights of the accused, effect on the 
participation of members of the Armed Forces in the military 
justice system, impact on relationships between judge advocates 
and other members of the Armed Forces, and impact on the 
perception of the military justice system by members of the 
Armed Forces, the legal profession, and the general public. 
(C) The likelihood of a reduction in the number of general 
court-martial cases in the event the confinement jurisdiction of 
the special court-martial is expanded; the additional protections 
that should be afforded the accused if such jurisdiction is ex-
panded; whether the minimum number of members prescribed 
by law for a special court-martial should be increased; and 
whether the appellate review process should be modified so that 
a greater number of cases receive review by the military appel-
late courts, in lieu of legal reviews presently conducted in the 
offices of the Judge Advocates General and elsewhere, espe-
cially if the commission determines that the special court-
martial jurisdiction should be expanded. 
(D) The effectiveness of the present systems for maintaining 
the independence of military judges and what, if any, changes 
are needed in these systems to ensure maintenance of an inde-
pendent military judiciary, including a term of tenure for such 
judges consistent with efficient management of military judicial 
resources. 
(4) The commission shall transmit its report to the Committees on 
Armed Services of the Senate and the House of Representatives and 
to the committee established under section 867(g) (article 67(g)) of 
title 10, United States Code, not later than the first day of the ninth 
calendar month that begins after the date of the enactment of this 
Act. Not later than the first day of the third calendar month that 
begins after receipt of such report, the committee established under 
section 867(g) (article 67(g)) of such title shall submit such comments 
on the report as it considers appropriate to the Committees on 
Armed Services of the Senate and the House of Representatives and 
to the Secretary of Defense, the Secretaries of the military depart-
ments, and the Secretary of Transportation. 
(5) The Secretary of Defense shall ensure that the commission is 
provided with appropriate and adequate office space, together with 
such equipment, office supplies, and communications facilities and 
services as may be necessary for the operation of such offices, 
and shall provide necessary maintenance services for such offices 
and the equipment and facilities located therein. 
(6) The Secretary shall ensure that the commission has reasonable 
access to information relevant to the study. 
Report to 
congressional 
committees. 
Ante, p. 1404. 
Report 
comments, 
submittal to 
congressional 
committees and 
departmental 
Secretaries. 
SUPREME COURT REVIEW 
SEC. 10. (aXD Chapter 81 of title 28, United States Code, is 
amended by adding at the end thereof the following new section: 
97 STAT. 1406 
PUBLIC LAW 98-209—DEC. 6, 1983 
28 use 1259. 
"§ 1259. Court of Military Appeals; certiorari 
"Decisions of the United States Court of Military Appeals may be 
reviewed by the Supreme Court by writ of certiorari in the following 
cases: 
"(1) Cases reviewed by the Court of Military Appeals under 
10 use 867. 
section 867(b)(1) of title 10. 
"(2) Cases certified to the Court of Military Appeals by the 
Judge Advocate General under section 867(b)(2) of title 10. 
"(3) Cases in which the Court of Military Appeals granted a 
petition for review under section 867(b)(3) of title 10. 
"(4) Cases, other than those described in paragraphs (1), (2), 
and (3) of this subsection, in which the Court of Military 
Appeals granted relief.". 
(2) The table of sections at the beginning of chapter 81 of such title 
is amended by adding at the end thereof the following new item: 
"1259. Court of Military Appeals; certiorari.". 
(b) Section 2101 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(g) The time for application for a writ of certiorari to review a 
decision of the United States Court of Military Appeals shall be as 
prescribed by rules of the Supreme Court.". 
10 use 866. 
(c)(1) Section 866(e) (article 66(e)) is amended by striking out "or 
the Court of Military Appeals" and inserting in lieu thereof "the 
Court of Military Appeals, or the Supreme Court". 
10 use 867. 
(2) Section 867 (article 67) is amended by adding at the end thereof 
the following new subsection: 
"(h)(1) Decisions of the Court of Military Appeals are subject to 
review by the Supreme Court by writ of certiorari as provided in 
Supra. 
section 1259 of title 28. The Supreme Court may not review by a writ 
of certiorari under such section any action of the Court of Military 
Appeals in refusing to grant a petition for review. 
"(2) The accused may petition the Supreme Court for a writ of 
certiorari without prepayment of fees and costs or security therefor 
and without filing the affidavit required by section 1915(a) of title 
28 " 
10 use 870. 
(3)(A) Section 870(b) (article 70(b)) is amended by adding at the end 
thereof the following new sentence: "Appellate Government counsel 
may represent the United States before the Supreme Court in cases 
arising under this chapter when requested to do so by the Attorney 
General.". 
(B) Subsections (c) and (d) of such section are amended to read as 
follows: 
"(c) Appellate defense counsel shall represent the accused before 
the Court of Military Review, the Court of Military Appeals, or the 
Supreme Court— 
"(1) when requested by the accused; 
"(2) when the United States is represented by counsel; or 
"(3) when the Judge Advocate General has sent the case to 
the Court of Military Appeals. 
"(d) The accused has the right to be represented before the Court 
of Military Review, the Court of Military Appeals, or the Supreme 
Court by civilian counsel if provided by him.". 
PUBLIC LAW 98-209—DEC. 6, 1983 
97 STAT. 1407 
CORRECTION OF RECORDS; DISCHARGE REVIEW 
SEC. 11. (a) Section 1552 of title 10, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(f) With respect to records of courts-martial and related adminis-
trative records pertaining to court-martial cases tried or reviewed 
under chapter 47 of this title (or under the Uniform Code of Military 
Justice (Public Law 506 of the 81st Congress)), action under subsec- 
lO USC 801 et 
tion (a) may extend only to— 
*^^' 
"(1) correction of a record to reflect actions taken by review-
ing authorities under chapter 47 of this title (or under the 
Uniform Code of Military Justice (Public Law 506 of the 81st 
Congress)); or 
"(2) action on the sentence of a court-martial for purposes of 
clemency.", 
(b) Section 1553 of such title is amended by adding at the end of 10 USC 1553. 
subsection (a) the following new sentence: "With respect to a dis-
charge or dismissal adjudged by a court-martial case tried or re-
viewed under chapter 47 of this title (or under the Uniform Code of 
Military Justice (Public Law 506 of the 81st Congress)), action under 
this subsection may extend only to a change in the discharge or 
dismissal or issuance of a new discharge for purposes of clemency.". 
EFFECTIVE DATE; CONFORMING AMENDMENT 
SEC. 12. (a)(1) The amendments made by this Act shall take effect 
10 USC 801 note, 
on the first day of the eighth calendar month that begins after the 
date of enactment of this Act, except that the amendments made by 
sections 9, 11 and 13 shall be effective on the date of the enactment 
of this Act. The amendments made by section 11 shall only apply 
with respect to cases filed after the date of enactment of this Act 
with the boards established under sections 1552 and 1553 of title 10, 
United States Code. 
(2) The amendments made by section 3(c) and 3(e) do not affect the 
designation or detail of a military judge or military counsel to a 
court-martial before the effective date of such amendments. 
(3) The amendments made by section 4 shall not apply to any case 
in which charges were referred to trial before the effective date of 
such amendments, and proceedings in any such case shall be held in 
the same manner and with the same effect as if such amendments 
had not been enacted. 
(4) The amendments made by sections 5, 6, and 7 shall not apply to 
any case in which the findings and sentence were adjudged by a 
court-martial before the effective date of such amendments. The 
proceedings in any such case shall be held in the same manner and 
with the same effect as if such amendments had not been enacted. 
(5) The amendments made by section 8 shall not apply to any 
offense committed before the effective date of such amendments. 
Nothing in this provision shall be construed to invalidate the pros-
ecution of any offense committed before the effective date of such 
amendments. 
(b) Section 7(b)(1) of the Military Justice Amendments of 1981 (95 
Stat. 1089; 10 U.S.C. 706 note) is amended to read as follows: 
"(b)(1) The amendments made by section 2 shall apply to each 
member whose sentence by court-martial is approved on or after 
January 20, 1982— 
97 STAT. 1408 
PUBLIC LAW 98-209—DEC. 6, 1983 
"(A) under section 864 or 865 (article 64 or 65) of title 10, 
Ante, p. 1401. 
United States Code, 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 
Ante, p. 1393. 
Justice Act of 1983; or 
"(B) under section 860 (article 60) of title 10, United States 
Ante, p. 1395. 
Code, by the officer empowered to act on the sentence on or 
after the effective date of the Military Justice Act of 1983.". 
TECHNICAL AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE 
SEC. 13. (a)(1) Clauses (11) and (12) of subsection (a) of section 802 
10 use 802. 
(article 802) are amended— 
(A) by striking out "the following:"; and 
(B) by inserting "the Commonwealth of before "Puerto 
Rico". 
(2) Subsection (b) of such section (article) is amended by striking 
out "of this section". 
10 use 815. 
(b)(1) The heading of section 815 (article 15) is amended to read as 
follows: 
"§ 815. Art. 15. Commanding officer's non-judicial punishment". 
(2) Subsection (b) of such section (article) is amended— 
(A) by striking out "of this section"; and 
(B) by striking out "subsection (b)(2)(A)" in clause (2)(H)(i) and 
inserting in lieu thereof "clause (A)". 
10 use 825. 
(c) Section 825(c)(2) (article 25(c)(2)) is amended by striking out 
"the word". 
10 use 867. 
(d) Section 867(aX3) (article 67(a)(3)) is amended by inserting 
"Circuit" after "District of Columbia". 
Approved December 6, 1983. 
LEGISLATIVE HISTORY—S. 974: 
HOUSE REPORT No. 98-549 (eomm. on Armed Services). 
SENATE REPORT No. 98-53 (Comm. on Armed Services). 
eONGRESSIONAL REOORD, Vol. 129 (1983): 
Apr. 28, considered and passed Senate. 
Nov. 16, considered and passed House, amended. 
Nov. 18, Senate concurred in House amendment.