Notes on 10 U.S.C. § 866 : US Code - Notes

Search Notes on 10 U.S.C. § 866 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90-632, Sec. 2(27),
Oct. 24, 1968, 82 Stat. 1341; Pub. L. 98-209, Secs. 7(b), (c),
10(c)(1), Dec. 6, 1983, 97 Stat. 1402, 1406; Pub. L. 103-337, div.
A, title IX, Sec. 924(b)(2), (c)(1), (4)(A), Oct. 5, 1994, 108
Stat. 2831, 2832; Pub. L. 104-106, div. A, title XI, Sec. 1153,
Feb. 10, 1996, 110 Stat. 468.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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866(a) 50:653(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 66), 64
Stat. 128.
866(b)
50:653(b).
866(c) 50:653(c).
866(d) 50:653(d).
866(e) 50:653(e).
866(f) 50:653(f).
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In subsection (a), the word "Each" is substituted for the words
"The * * * of each of the armed forces". The word "must" is
substituted for the word "shall" after the word "whom", since a
condition is prescribed, not a command. The words "of the United
States" are omitted as surplusage.
In subsections (a) and (b), the word "commissioned" is inserted
before the word "officer".
In subsection (c), the word "may" is substituted for the word
"shall" and for the words "shall have authority to".
In subsection (e), the words "Secretary concerned" are
substituted for the words "Secretary of the Department".
In subsection (f), the words "of the armed forces" and
"proceedings in and before" are omitted as surplusage.
AMENDMENTS
1996 - Subsec. (f). Pub. L. 104-106 substituted "Courts of
Criminal Appeals" for "Courts of Military Review" in two places.
1994 - Pub. L. 103-337, Sec. 924(c)(4)(A), substituted "Court of
Criminal Appeals" for "Court of Military Review" in section
catchline.
Pub. L. 103-337, Sec. 924(b)(2), substituted "Court of Criminal
Appeals" for "Court of Military Review" wherever appearing.
Pub. L. 103-337, Sec. 924(c)(1), substituted "Court of Appeals
for the Armed Forces" for "Court of Military Appeals" in subsec.
(e).
1983 - Subsec. (a). Pub. L. 98-209, Sec. 7(b), inserted provision
that any decision of a panel may be reconsidered by the court
sitting as a whole in accordance with the rules.
Subsec. (b). Pub. L. 98-209, Sec. 7(c), amended subsec. (b)
generally, designating existing provisions as par. (1), struck out
provision extending applicability of provisions to sentences
affecting a general or flag officer, and added par. (2).
Subsec. (e). Pub. L. 98-209, Sec. 10(c)(1), substituted "the
Court of Military Appeals, or the Supreme Court" for "or the Court
of Military Appeals".
1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(27)(A), (B),
substituted "Court of Military Review" for "board of review" in
section catchline and, in subsec. (a), substituted "Court of
Military Review" for "board of review" as name of reviewing body
established by each Judge Advocate General, and inserted provisions
setting out procedures for such Courts of Military Review, their
composition and functions.
Subsecs. (b) to (e). Pub. L. 90-632, Sec. 2(27)(C), substituted
"Court of Military Review" for "board of review" wherever
appearing.
Subsec. (f). Pub. L. 90-632, Sec. 2(27)(D), substituted "Courts
of Military Review" for "boards of review" in two places.
Subsecs. (g), (h). Pub. L. 90-632, Sec. 2(27)(E), added subsecs.
(g) and (h).
CHANGE OF NAME
Section 924(b)(1) of Pub. L. 103-337 provided that: "Each Court
of Military Review shall hereafter be known and designated as a
Court of Criminal Appeals."
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month beginning after Dec. 6, 1983, but amendments by
section 7(b), (c) of Pub. L. 98-209 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 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.
STATUTORY REFERENCES TO BOARD OF REVIEW DEEMED REFERENCES TO COURT
OF MILITARY REVIEW
Section 3(b) of Pub. L. 90-632 provided that: "Whenever the term
board of review is used, with reference to or in connection with
the appellate review of courts-martial cases, in any provision of
Federal law (other than provisions amended by this Act) [see Short
Title of 1968 Amendment note under section 801 of this title] or in
any regulation, document, or record of the United States, such term
shall be deemed to mean Court of Military Review [now Court of
Criminal Appeals]."