Notes on 10 U.S.C. § 869 : US Code - Notes

Search Notes on 10 U.S.C. § 869 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90-632, Sec. 2(30),
Oct. 24, 1968, 82 Stat. 1342; Pub. L. 97-81, Sec. 6, Nov. 20, 1981,
95 Stat. 1089; Pub. L. 98-209, Sec. 7(e)(1), Dec. 6, 1983, 97 Stat.
1402; Pub. L. 101-189, div. A, title XIII, Secs. 1302(a),
1304(b)(1), Nov. 29, 1989, 103 Stat. 1576, 1577; Pub. L. 103-337,
div. A, title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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869 50:656. May 5, 1950, ch. 169,
Sec. 1 (Art. 69), 64
Stat. 130.
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The word "may" is substituted for the word "will". The word
"under" is substituted for the words "pursuant to the provisions
of".
AMENDMENTS
1994 - Subsecs. (d), (e). Pub. L. 103-337 substituted "Court of
Criminal Appeals" for "Court of Military Review" wherever
appearing.
1989 - Subsec. (a). Pub. L. 101-189, Sec. 1304(b)(1), which
directed amendment of subsec. (a) by striking "section 867(b)(2) of
this title (article 67(b)(2))" in the third sentence and inserting
in lieu thereof "section 867(a)(2) of this title (article
67(a)(2))", could not be executed because of the intervening
amendment by Pub. L. 101-189, Sec. 1302(a)(1), which struck out the
third sentence, see below.
Pub. L. 101-189, Sec. 1302(a)(1), struck out the third sentence,
which read as follows: "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))."
Subsecs. (d), (e). Pub. L. 101-189, Sec. 1302(a)(2), added
subsecs. (d) and (e).
1983 - Pub. L. 98-209 amended section generally. Prior to
amendment section provided that every record of trial by general
court-martial, in which there had been a finding of guilty and a
sentence, the appellate review of which was not otherwise provided
for by section 866 of this title, was to be examined in the office
of the Judge Advocate General; that if any part of the findings or
sentence was found unsupported in law, or if the Judge Advocate
General so directed, the record was to be reviewed by a board of
review in accordance with section 866 of this title, but in that
event there could be no further review by the Court of Military
Appeals except under section 867(b)(2) of this title, that
notwithstanding section 876 of this title, the findings or
sentence, or both, in a court-martial case which had been finally
reviewed, but had not been reviewed by a Court of Military Review
could be vacated or modified, in whole or in part, by the Judge
Advocate General on the ground of newly discovered evidence, fraud
on the court, lack of jurisdiction over the accused or the offense,
or error prejudicial to the substantial rights of the accused; and
that when such a case was considered upon application of the
accused, the application had to 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 was approved by the convening authority or, in a special
court-martial case which required action under section 865(b) of
this title, the officer exercising general court-martial
jurisdiction, whichever was later, unless the accused established
good cause for failure to file within that time.
1981 - Pub. L. 97-81 inserted provision that, when 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.
1968 - Pub. L. 90-632 authorized the Judge Advocate General to
either vacate or modify the findings or sentence, or both, in whole
or in part, in any court-martial case which has been finally
reviewed, but which has not been reviewed by a Court of Military
Review, because of newly discovered evidence, fraud on the court,
lack of jurisdiction over the accused or the offense, or error
prejudicial to the substantial rights of the accused.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 1302(b) of Pub. L. 101-189 provided that: "Subsection (e)
of section 869 of title 10, United States Code, as added by
subsection (a), shall apply with respect to cases in which a
finding of guilty is adjudged by a general court-martial after the
date of the enactment of this Act [Nov. 29, 1989]."
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 1981 AMENDMENT
Amendment by Pub. L. 97-81 effective at end of 60-day period
beginning on Nov. 20, 1981, see section 7(a) of Pub. L. 97-81, set
out as an Effective Date note under section 706 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective Oct. 24, 1968, see section
4(b) of Pub. L. 90-632, set out as a note under section 801 of this
title.
TWO-YEAR PERIOD FOR APPLICATIONS FOR MODIFICATION OR SET-ASIDE
INAPPLICABLE TO APPLICATIONS FILED ON OR BEFORE OCTOBER 1, 1983
Pub. L. 98-209, Sec. 7(e)(2), Dec. 6, 1983, 97 Stat. 1403,
provided that the two-year period specified under the second
sentence of subsec. (b) of this section did not apply to any
application filed in the office of the appropriate Judge Advocate
General on or before Oct. 1, 1983, and that the application in such
a case would be considered in the same manner and with the same
effect as if such two-year period had not been enacted.