Notes on 10 U.S.C. § 865 : US Code - Notes

Search Notes on 10 U.S.C. § 865 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90-179, Sec. 1(6),
Dec. 8, 1967, 81 Stat. 546; Pub. L. 90-632, Sec. 2(26), Oct. 24,
1968, 82 Stat. 1341; Pub. L. 96-513, title V, Sec. 511(25), Dec.
12, 1980, 94 Stat. 2922; Pub. L. 98-209, Sec. 6(d)(1), Dec. 6,
1983, 97 Stat. 1401.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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865(a) 50:652(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 65), 64
Stat. 128.
865(b)
50:652(b).
865(c) 50:652(c).
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In subsection (b), the word "If" is substituted for the word
"Where".
In subsections (a) and (b), the words "send" and "sent" are
substituted for the words "forward" and "forwarded", respectively.
In subsection (c), the words "Secretary concerned" are
substituted for the words "Secretary of the Department".
AMENDMENTS
1983 - Pub. L. 98-209 amended section generally, substituting
"Disposition of records" for "Disposition of records after review
by the convening authority" in section catchline, and, in text,
substituting provisions relating to disposition of records for
prior provisions relating to disposition of records that required
when the convening authority had taken final action in a general
court-martial case, he had to send the entire record, including his
action thereon and the opinion or opinions of the staff judge
advocate or legal officer, to the appropriate Judge Advocate
General, required that where sentences of special courts-martial
included a bad-conduct discharge, the record had to be sent for
review either to the officer exercising general court-martial
jurisdiction over the command to be reviewed or directly to the
appropriate Judge Advocate General to be reviewed by a Court of
Military Review, and required that all other special and summary
court-martial records had to be reviewed by a judge advocate of the
Army, Navy, Air Force, or Marine Corps, or a law specialist or
lawyer of the Coast Guard or Department of Transportation, and had
to be transmitted and disposed of as the Secretary concerned might
prescribe by regulation.
1980 - Subsec. (c). Pub. L. 96-513 substituted "Department of
Transportation" for "Department of the Treasury".
1968 - Subsec. (b). Pub. L. 90-632 substituted "Court of Military
Review" for "board of review" wherever appearing.
1967 - Subsec. (c). Pub. L. 90-179 inserted reference to judge
advocate of the Marine Corps and substituted reference to judge
advocate of the Navy for reference to law specialist of the Navy.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month beginning after Dec. 6, 1983, but not to apply to
any case in which the findings and sentence were adjudged by a
court-martial before that date, and the proceedings in any such
case to be held in the same manner and with the same effect as if
such amendments had not been enacted, see section 12(a)(1), (4) of
Pub. L. 98-209, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective first day of tenth month
following October 1968, see section 4 of Pub. L. 90-632, set out as
a note under section 801 of this title.