An Act to increase the participation of law officers and counsel on courts-martial, and for other purposes
PL 90-632 (H.R.15971), enacted 10/24/1968

82 STAT. ] 
PUBLIC LAW 90-632-OCT. 24, 1968 
1335 
SEC, 5. The second sentence of section 1677(b) of title 38, United 
^^ ^'^'- ^^s-
States Code, is amended to read as follows: "Such allowance shall 
be paid monthly upon receipt of a certification from the eligible 
A'eteran and the institution as to the actual flight training received 
by, and the cost thereof to, the veteran during such month." 
SEC. 6. (a) The amendments made by the first section and sections 
Effective date. 
2, 3, and 5 of this Act shall take effect on the first day of the second 
^"'^' P- '33I, 
calendar month which begins after the date of the enactment of this ^^^^' ^^^^ 
Act. 
(b) The amendments made by section 4 of this Act shall apply 
^"^^' P- '334. 
with respect to contracts and agreements entered into under section 
1774 of title 38, United States Code, effective for periods beginning 
after June 30,1968. 
Approved October 23, 1968. 
Public Law 90-632 
AN A C T 
October 24, 1968 
To increase the participation of military judges and counsel on courts-martial, 
[H.R. I597I] ^ 
and for other purposes. 
"' 
Be It enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may be 
Military justice 
cited as the "Military Justice Act of 1968". 
"'°'' ^^^• 
SEC. 2. Chapter 47 (Uniform Code of Military Justice) of title 10, 
United States Code, is amended as follows: 
(1) Section 801 (10) (article 1 (10)) is amended to read as folloAVs: 
^OA stat. 37. 
"(10) 'Military judge' means an official of a general or special 
court-martial detailed in accordance with section 826 of this title 
(article 26).". 
(2) Section 806(c) is amended by striking out "law officer" and 
inserting in lieu thereof "military judge". 
(3) Section 816 (article 16) is amended to read as follows: 
"§ 816. Art. 16. Courts-martial classified 
"The three kinds of courts-martial in each of the armed forces are— 
"(1) general courts-martial, consisting of— 
" (A) a militar}^ judge and not less than five members; or 
"(B) only a military judge, if before the court is assem-
bled the accused, knowing the identity of the military judge 
and after consultation with defense counsel, requests in writ-
ing a court composed only of a military judge and the military 
judge approves; 
"(2) special courts-martial, consisting of— 
"(A) not less than three members; or 
"(B) a military judge and not less than three members; or 
"(C) only a military judge, if one has been detailed to the 
court, and the accused under the same conditions as those pre-
scribed in clause (1) (B) so requests; and 
"(3) summary courts-martial, consisting of one commissioned 
officer." 
(4) Section 818 (article 18) is amended by adding the following 
.sentence at the end thereof: "However, a general court-martial of the 
kind specified in section 816(1) (B) of this title (article 16(1) (B)) 
shall not have jurisdiction to try any person for any offense for which 
the death penalty may be adjudged unless the case has been previously 
referred to trial as a noncapital case." 
(5) Section 819 (article 19) is amended by striking out the last 
sentence and inserting the following sentence in place thereof: "A bad-
96-600 O - 69 - 87 
Post, p. 1338-
10 use 822 
829. 
1336 
PUBLIC LAW 90-632-OCT. 24, 1968 
[82 STAT. 
conduct discharge may not be adjudged unless a complete record of 
the proceedings and testimony has been made, counsel having the 
qualifications prescribed under section 827(b) of this title (article 
70AStat. 46; 
27(b)) was detailed to represent the accused, and a military judge 
was detailed to the trial, except in any case in which a military judge 
could not be detailed to the trial because of physical conditions or 
military exigencies. In any such case in which a military judge was 
not detailed to the trial, the convening authority shall make a detailed 
written statement, to be appended to the record, stating the reason or 
reasons a military judge could not be detailed." 
70A Stat. 43. 
(g) Xhe jsecoud and third sentences of section 820 (article 20) are 
amended to read as follows: "No person with respect to whom sum-
mary courts-martial have jurisdiction may be brought to trial before 
a summary court-martial if he objects thereto. If objection to trial by 
summary court-martial is made by an accused, trial may be ordered by 
special or general court-martial as may be appropriate." 
(7) Section 825(c) (1) (article 25(c) (1)) is amended— 
(A) by striking out "before the convening of the court," in the 
first sentence and inserting "before the conclusion of a session 
called by the military judge under section 83&(a) of this title 
(article 39(a)) prior to trial or, in the absence of such a session, 
before the court is assembled for the trial of the accused," in place 
thereof; and 
(B) by striking out "convened" in the last sentence and insert-
ing "assembled" in place thereof. 
(8) Subchapter V is amended by striking out the following item in 
the analysis: 
"826.26. Law officer of a general court-martial." 
and inserting the following item in place thereof: 
"826. 26. Military judge of a general or special court-m>artial." 
(9) Section 826 (article 26) is amended to read as follows: 
''§826. Art. 26. Military judge of a general or special court-
martial 
"(a) The authority convening a general court-martial shall, and, 
subject to regulations of the Secretary concerned, the authority con-
vening a special court-martial may, detail a military judge thereto. 
A military judge shall preside over each open session of the court-
martial to which he has been detailed. 
"(b) A military judge shall be a commissioned officer of the armed 
forces who is a member of the bar of a Federal court or a member of 
the bar of the highest court of a State and who is certified to be 
(lualified for duty as a military judge by the Judge Advocate General 
of the armed force of which such military judge is a member. 
"(c) The military judge of a general court-martial shall be desig-
nated by the Judge Advocate General, or his designee, of the armed 
force of which the military judge is a member for detail by the con-
vening authority, and, unless the court-martial was convened by the 
President or the Secretary concerned, neither the convening authority 
nor any member of his staff shall prepare or review any report concern-
ing the effectiveness, fitness, or efficiency of the military judge so de-
tailed, which relates to his performance of duty as a military judge. 
A commissioned officer who is certified to be qualified for duty as a 
military judge of a general court-martial may perform such duties 
only when he is assigned and directly responsible to the Judge Advo-
cate General, or his designee, of the armed force of which the military 
judge is a member and may perform duties of a judicial or nonjudicial 
nature other than those relating to his primary duty as a military 
judge of a general court-martial when such duties are assigned to him 
82 STAT. ] 
PUBLIC LAW 90-632-OCT. 24, 1968 
1337 
by or with the approval of that Judge Advocate General or his 
designee. 
"(d) No person is eligible to act as military judge in a case if he is 
the accuser or a witness for the prosecution or has a^ted as inves-
tigating officer or a counsel in the same case. 
"(e) The military judge of a court-martial may not consult with 
the members of the court except in the presence of the accused, trial 
counsel, and defense counsel, nor may he vote with the members of 
the court." 
(10) Section 827 is amended— 
7OA stat. 46. 
(A) by striking out "law officer" in the second sentence of sub-
section (a) and inserting in lieu thereof "military judge"; and 
(B) by redesignating paragraphs (1) and (2) of subsection 
(c) as paragraphs (2) and (3), respectively, and by inserting a 
new paragraph (1) as follows: 
"(1) the accused shall be atforded the opportunity to be 
represented at the trial by counsel having the qualifications 
prescribed under section 827(b) of this title (article 27(b)) 
si stat. 546. 
unless counsel having such qualifications cannot be obtained 
on account of physical conditions or military exigencies. If 
counsel having such qualifications cannot bne obtained, the 
court may be convened and the trial held but the convening 
authority shall make a detailed written statement, to be 
appended to the record, stating why counsel with such quali-
fications could not be obtained;". 
(11) Section 829 (article 29) is amended— 
(A) by striking out "accused has been arraigned" in subsection 
(a) and inserting "court has been assembled for the trial of the 
accused" in place thereof; 
(B) by inserting ", other than a general court-martial composed 
of a military judge only," after "court-martial" in the first sen-
tence of subsection (b); and by amending the last sentence of 
subsection (b) to read as follows: "The trial may proceed with 
the new members present after the recorded evidence previously 
introduced before the members of the court has been read to the 
court in the presence of the military judge, the accused, and coun-
sel for both sides." ; 
(C) by inserting ", other than a special court-martial composed 
of a military judge only," after "court-martial" in the first sen-
tence of subsection (c); and by amending the last sentence of 
subsection (c) to read as follows: "The trial shall proceed with 
the new members present as if no evidence had previously been 
introduced at the trial, unless a verbatim record of the evidence 
previously introduced before the members of the court or a stipu-
lation thereof is read to the court in the presence of the military 
judge, if any, the accused and counsel for both sides,"; and 
(D) by adding the following new subsection at the end thereof: 
"(d) If the military judge of a court-martial composed of a military 
judge only is unable to proceed with the trial because of physical dis-
ability, as a result of a challenge, or for other good cause, the trial shall 
proceed, subject to any applicable conditions of section 816 (1) (B) or 
(2) (C) of this title (article 16 (1) (B) or (2) (C)), after the detail 
Ante. p. 1335. 
of a new military judge as if no evidence had previously been intro-
duced, unless a verbatim record of the evidence previously introduced 
or a stipulation thereof is read in court in the presence of the new 
military judge, the accused, and counsel for both sides." 
(12) Section 835 (article 35) is amended by striking out the second 
sentence and inserting the following in place thereof: "In time of 
peace no person may, against his objection, be brought to trial, or be 
1338 
PUBLIC LAW 90-632-OCT. 24, 1968 
[82 STAT. 
In Ira 
required to participate by himself or counsel in a session called by the 
military judge under section 839(a) of this title (article 39(a)), in a 
general court-martial case within a period of five days after the service 
of charges upon him, or in a special court-martial case within a period 
of three days after the service of charges upon him." 
70Astat. 50. 
(13) Sectiou 837 (article 37) is amended— 
(A) by inserting "(a)"' at the beginning of the first sentence 
thereof; 
(B) by striking out "law officer" in the first sentence and insert-
ing in lieu thereof "military judge"; 
(C) by adding at the end thereof the following new sentence: 
"The foregoing provisions of the subsection shall not apply with 
respect to (1) general instructional or informational courses in 
military justice if such courses are designed solely for the purpose 
of instructing members of a command m the substantive and pro-
cedural aspects of courts-martial, or (2) to statements and instruc-
tions given in open court by the military judge, president of a 
special court-martial, or counsel."; 
(D) by adding after subsection (a) (as designated by paragraph 
(1) hereof) a new subsection as follows: 
"(b) In the preparation of an effectiveness, fitness, or efficiency 
report, or any other report or document used in whole or in part for 
the purpose of determining whether a member of the armed forces 
is qualified to be advanced, in grade, or in determining the assignment 
or transfer of a member of the armed forces or in determining whether 
a member of the armed forces should be retained on active duty, no 
person subject to this chapter may, in preparing any such report (1) 
consider or evaluate the performance of duty of any such member as 
a member of a court-martial, or (2) give a less favorable rating or 
evaluation of any member of the armed forces because of the zeal with 
which such member, as counsel, represented any accused before a 
court-martial.", 
(14) Section 838(b) (article 38(b)) is amended by striking out the 
words "president of the court" in the last sentence and inserting the 
words "military judge or by the president of a court-martial without 
a military judge" in place thereof. 
(15) Section 839 (article 39) is amended to read as follows: 
"§ 839. Art. 39. Sessions 
"(a) At any time after the service of charges which have l:)een 
referred for trial to a court-martial composed of a military judge 
and members, the military judge may, subject to section 835 of this 
title (article 35), call the court into session without the presence of the 
members for the purpose of— 
"(1) hearing and determining motions raising defenses or 
objections which are capable of determination without trial of 
the issues raised by a plea of not guilty; 
"(2) hearing and ruling upon any matter which may be ruled 
upon by the military judge under this chapter, whether or not 
the matter is appropriate for later consideration or decision by 
the members of the court; 
"(3) if permitted by regulations of the Secretary concerned, 
holding the arraignment and receiving the pleas of the accused; 
and 
"(4) performing any other procedural function which may be 
performed by the military judge under this chapter or vmder rules 
prescribed pursuant to section 836 of this title (article 36) and 
which does not require the presence of the members of the court. 
82 STAT. ] 
PUBLIC LAW 90-632-OCT. 24, 1968 
1339 
These proceedings shall be conducted in the presence of the accused, the 
defense counsel, and the trial counsel and shall be made a part of the 
record. 
"(b) When the members of a court-martial deliberate or vote, only 
the members may be present. All other proceedings, including any 
other consultation of the members of the court with counsel or the 
military judge, shall be made a part of the record and shall be in the 
presence of the accused, the defense counsel, the trial counsel, and, in 
cases in which a military judge has been detailed to the court, the 
military judge." 
(10) Section 840 (article 40) is amended to read as follows: 
70A stat. si. 
"§ 840. Art. 40. Continuances 
"The military judge or a court-martial without a military judge 
may, for reasonable cause, grant a continuance to any party for such 
time, and as often, as may appear to be just." 
(17) Section 841 (article 41) is amended— 
(A) by amending the first sentence of subsection (a) to read 
as follows: "The military judge and memibers of a general or 
special court-martial may be challenged by the accused or the 
trial counsel for cause stated to the court."; 
(B) by striking out the word "court" in the second sentence 
of subsection (a) and inserting the words "military judge, or, if 
none, the court," in place thereof; and 
(C) by striking out "law officer" in subsection (b) and inserting 
in lieu thereof "military judge". 
(18) Section 842(a) (article 42(a)) is amended to read as follows: 
"(a) Before performing their respective duties, military judges, 
members of general and special courts-martial, trial counsel, assistant 
trial counsel, defense comisel, assistant defense counsel, reporters, and 
interpreters shall take an oath to perform their duties faithfully. The 
form of the oath, the time and place of the taking thereof, the manner 
of recording the same, and whether the oath shall be taken for all 
cases in which these duties are to be performed or for a particular 
case, shall be as prescribed in regulations of the Secretary concerned. 
These regulations may provide that an oath to perform faithfully 
duties as a militaiy judge, trial counsel, assistant trial counsel, defense 
counsel, or assistant defense counsel may be taken at any time by any 
judge advocate, law specialist, or other person certified to be qualified 
or competent for the duty, and if such an oath is taken it need not 
again be taken at the time the judge advocate, law specialist, or other 
i:)erson is detailed to that duty." 
(19) Section 845 (article 45) is amended— 
(A) by striking out the words "arraigned before a court-
martial" in subsection (a) and inserting the w^ords "after arraign-
ment" in place thereof; and 
(B) by amending subsection (b) to read as follows: 
"(b) A plea of guilty by the accused may not be received to any 
charge or specification alleging an offense for which the death penalty 
may be adjudged. With respect to any other charge or specification 
to which a plea of guilty has been made by the accused and accepted 
by the military judge or by a court-martial without a military judge, 
a finding of guilty of the charge or specification may, if permitted by 
regulations of the Secretary concerned, be entered immediately with-
out vote. This finding shall constitute the finding of the court unless 
70A Stat. 53. 
1340 
PUBLIC LAW 90-632-OCT. 24, 1968 
[82 STAT. 
the plea of guilty is withdrawn prior to announcement of the sentence, 
in which event the proceedings shall continue as though the accused 
had pleaded not guilty." 
(20) Section 849(a) (article 49(a)) is amended by inserting after 
the word "unless" the words "the military judge or court-martial 
without a military judge hearing the case or, if the case is not being 
heard,". 
(21) Section 851 (article 51) is amended— 
(A) by amending the first sentence of subsection (a) to read 
as follows: "Voting by members of a general or special court-
martial on the findings and on the sentence, and by members of a 
court-martial without a military judge upon questions of chal-
lenge, shalll be by secret written ballot."; 
(B) bv amending the first three sentences of subsection (b) to 
read as follows: "The military judge and, except for questions of 
challenge, the president of a court-martial without a military 
judge shall rule upon all questions of law and all interlocutory 
questions arising during the proceedings. Any such ruling made 
by the military judge upon any question of law or any interlocu-
tory question other than the factual issue of mental responsibility 
of the accused, or by the president of a court-martial without a 
military judge upon any question of law other than a motion for 
a finding of not guilty, is final and constitutes the ruling of the 
court. However, the military judge or the president of a court-
martial without a military judge may change his ruling at any 
time during the trial." 
(C) by striking out the words "law oiRcer of a general court-
martial and the president of a special court-martial shall, in the 
presence of the accused and counsel, instruct the court as to the 
elements of the offense and charge the court" in the first sentence 
of subsection (c) and inserting the words "military judge or the 
president of a court-martial without a military judge shall, in the 
presence of the accused and counsel, instruct the members of the 
court as to the elements of the offense and charge them" in place 
thereof; and 
(D) by adding the following new subsection at the end thereof: 
"(d) Subsections (a), (b), and (c) do not apply to a court-martial 
composed of a military judge only. The military judge of such a court-
martial shall determine all questions of law and fact arising during the 
proceedings and, if the accused is convicted, adjudge an appropriate 
sentence. The military judge of such a court-martial shall make a gen-
eral finding and .shall in addition on request find the facts specially. 
If an opinion or memorandum of decision is filed, it will be sufficient 
if the findings of fact appear therein." 
(22) Section 852 (article 52) is amended— 
(A) by inserting the words "as provided in section 845(b) of 
this title (article 45(b)) or" after the word "except" in subsec-
tion (a) (2); and 
(B) by inserting immediately before the period in the first 
sentence of subsection (c) the words ", but a determination to 
reconsider a finding of guilty or to reconsider a sentence, with a 
view toward decreasing it, may be made by any lesser vote which 
indicates that the reconsideration is not opposed by the number 
of votes required for that finding or sentence." 
(23) Section 854 (a) (article 54 (a)) is amended to read as follows: 
"(a) Each general court-martial shall keep a separate record of the 
proceedings in each case brought before it, and the record shall be 
82 STAT. ] 
PUBLIC LAW 90-632-OCT. 24, 1968 
1341 
jiiitlienticated by the signature of the military judge. If the record 
cannot be authenticated by the military judge by rea.son of his death, 
disability, or absence, it shall be authenticated by the signature of the 
trial counsel or by that of a member if the trial counsel is unable to 
authenticate it by reason of his death, disability, or absence. In a court-
martial consisting of only a military judge the record shall be authenti-
cated by the court reporter under the same conditions which would 
impose such a duty on a member under this subsection. If the proceed-
ings have resulted in an acquittal of all charges and specifications or, 
if not affecting a general or flag officer, in a sentence not including 
discharge and not in excess of that which may otherwise be adjudged 
by a special court-martial, the record shall contain such matters as 
may be prescribed by regulations of the President." 
(24) Section 857 (article 57) is amended by inserting the words "or 
^OA stat. se. 
deferred"' after "suspended" in subsections (a) and (b); and by adding 
at the end thereof a new subsection as follows: 
"(d) On application by an accused who is under sentence to con-
finement that has not been ordered executed, the convening authority 
or, if the accused is no longer under his jurisdiction, the officer exer-
cising general court-martial jurisdiction over the command to which 
the accused is currently assigned, may in his sole discretion defer 
service of the sentence to confinement. The deferment shall terminate 
when the sentence is ordered executed. The deferment may be rescinded 
at any time by the officer who granted it or, if the accused is no longer 
under his jurisdiction, by the officer exercising general court-martial 
jurisdiction over the command to which the accused is currently 
assigned." 
(25) The table of sections at the beginning of subchapter I X is 
lo use 859-
amended by striking out 
'•S66. 66. Review by board of review." 
and inserting in lieu thereof the following: 
'•866. 66. Review by Court of Military Review.". 
(26) Section 865(b) is amended by striking out "board of review" 
each time it appears therein and inserting in lieu thereof "Court of 
Military Review". 
(27) Section 866 (article 66) is amended— 
(A) by striking out the catchline and inserting in lieu thereof 
the following: 
"§ 866. Art. 66. Review by Court of Military Review'*; 
(B) by amending subsection (a) to read as follows: 
"(a) Each Judge Advocate General shall establish a Court of 
Military Review which shall be composed of one or more panels, and 
each such panel shall be composed of not less than three appellate 
military judges. For the purpose of reviewing court-martial cases, the 
court may sit in panels or as a whole in accordance with rules pre-
scribed under subsection (f). Appellate military judges who are 
assigned to a Court of Military Review may be commissioned officers 
or civilians, each of whom must be a member of a bar of a Federal 
court or of the highest court of a State. The Judge Advocate General 
shall designate as chief judge one of the appellate military judges of 
the Court of Military Review established by him. The chief judge shall 
determine on which panels of the court the appellate judges assigned to 
876. 
1342 
PUBLIC LAW 90-632-OCT. 24, 1968 
[82 STAT. 
the court will serve and which military judge assigned to the court 
will act as the senior judge on each panel.''; 
(C) by striking out "board of review" each time it appears in 
subsections (b), (c), (d), and (e) and inserting in lieu thereof 
"'Court of Military Review"; 
(I>) by striking out "boards of review" each time it appears 
in subsection (f) and inserting in lieu thereof "(^ourts of Military 
Review"; and 
(E) by adding at the end thereof the following new subsections: 
"(g) No member of a Court of Military Review shall be required, 
or on his own initiative be permitted, to prepare, approve, disapprove, 
review, or submit, with respect to any other member of the same or 
another Court of Military Review, an effectiveness, fitness, or efficiency 
report, or any other report or document used in whole or in part for the 
purpose of determining whether a member of the armed forces is 
qualified to be advanced in grade, or in determining the assignment 
or transfer of a member of the armed forces, or in determining whether 
a member of the armed forces should be retained on active duty. 
"(h) No member of a Court of Military Review shall be eligible to 
review the record of any trial if such member served as investigating 
officer in the case or served as a member of the court-martial before 
which such trial was conducted, or served as military judge, trial or 
defense counsel, or reviewing officer of such trial.". 
70A Stat. 60. 
(28) Subsectious (b) and (f) of section 867 (article 67) are amended 
by striking out "board of review" each time it appears and inserting 
in lieu thereof "Court of Military Review". 
(29) Section 868 (article 68) is amended to read as follows: 
"§ 868. Art. 68. Branch offices 
"The Secretary concerned may direct the Judge Advocate General 
to establish a branch office with any command. The branch office shall 
be under an Assistant Judge Advocate General who, with the consent 
of the Judge Advocate General, may establish a Court of Military 
Review with one or more panels. That Assistant Judge Advocate 
General and any Court of Military Review established by him may 
perfoim for that command under the general supervision of the Judge 
Advocate General, the respective duties which the Judge Advocate 
General and a Court of Military Review established by the Judge 
Advocate General would otherwise be required to perform as to all 
cases involving sentences not requiring approval by the President." 
(30) Section 869 (article 69) is amended by adding the following 
new sentence at the end thereof: "Notwithstanding section 876 of this 
title (article 76), the findings or sentence, or both, in a court-martial 
case which has been finally reviewed, but has not been reviewed by 
a Court of Military Review may be vacated or modified, in whole or 
in part, by the Judge Advocate General on the ground of newly dis-
covered evidence, fraud on the court, lack of jurisdiction over the 
accused or the offense, or error prejudicial to the substantial rights of 
the accused." 
(31) Subsections (b), (c), and (d) of section 870 (article 70) are 
amended by striking out "board of review" each time it appears and 
inserting in lieu thereof "Court of Military Review". 
(32) Section 871 (article 71) is amended— 
(A) by striking out "ooard of review" in subsection (c) and 
inserting in lieu thereof "Court of Military Review"; and 
(B) by inserting "or deferred" in the first sentence of subsection 
(d) immediately after "suspended". 
(33) Section 873 (article 73) is amended to read as follows: 
82 STAT. ] 
PUBLIC LAW 90-633-OCT. 24, 1968 
1343 
"§ 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 dis-
covered evidence or fraud on the court. If the accused's case is pending 
before a Court of Military Review or before the Court of Military 
Appeals, the Judge Advocate General shall refer the petition to the 
appropriate court for action. Otherwise the Judge Advocate General 
shall act upon the petition. 
(34) Section 936(b) (article 136(b)) is amended by striking out 
7OA stat. 77. 
"law officer" and inserting in lieu thereof "military judge". 
SEC. 3. (a) Whenever the term law officer is used, with reference to 
any officer detailed to a court-martial pursuant to section 826(a) 
(article 26(a)) of title 10, United States Code, in any provision of 
^"'®' P ^^ae. 
Federal law (other than provisions amended by this Act) or in any 
regulation, document, or record of the United States, such term shall be 
deemed to mean military judge. 
(b) Whenever the term board of review is used, with reference to 
*^°"'"* °^ Military 
or in connection with the appellate review of courts-martial cases, in 
any provision of Federal law (other than provisions amended by this 
Act) or in any regulation, document, or record of the United States, 
such term shall be deemed to mean Court of Military Review. 
SEC. 4. (a) Except for the amendments made by paragraphs (30) 
Effective dates. 
and (33) of section 2, this Act shall become effective on the first day of 
the tenth month following the month in which it is enacted. 
(b) The amendment made by paragraph (30) of section 2 shall 
become effective upon the date of enactment of this Act. 
(c) The amendment made by paragraph (33) shall apply in the 
case of all court-martial sentences approved by the convening authority 
on or after, or not more than two years before, the date of its enactment. 
Approved October 24, 1968. 
Public Law 90-633 
A N A C T 
October 24, 1968 
To aiiiend the Immigration and Nationality Act to provide for the naturalization 
[H- R- 15147]_ 
of persons who have served in active-duty servi^je in the Armed Forces of the 
United States during the Vietnam hostilities, or in other periods of military 
hostilities, and for other purix)ses. 
Armed Forces 
personnel in com-
Be It ewicted hy the Senate and House of Representatires 
of the 
United States of America in Congress assembled, Tliat section 329(a) 
of the Immigration and Nationality Act (8 U.S.C. 1440) is amended h7t'Z7Is,''nB\nTLi 
by inserting after "July 1, 1955," the following: "or during a period iz^tion. 
beginning February 28, 1961, and ending on a date designated by the 75 stat^654'°' 
President by Executive order as of the date of termination of the 
Vietnam hostilities, or thereafter during any otlier period which the 
President by Executive order shall designate as a period in which 
Armed Forces of the United States are or were engaged in military 
operations involving armed conflict wiih a hostile foreign force,". 
SEC. 2. Section 329(b) (4) of the Immigration and Nationality Act 
is hereby amended by inserting after "July 1, 1955," the following: 
"or during a period beginning February 28, 1961, and ending on a 
date designated by the President by Executive order as the date of