US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 864

Art. 64. Judge advocate review of finding of guilty in summary court-martial

(a)

In General .—

Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing 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)

Record .—

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 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; or
(2)
such action is otherwise required by regulations of the Secretary concerned.
(c)
(1)
The person to whom the record of trial and related documents 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)
section 869 of this title 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 (b) 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 for review under (article 69).

Aug. 10, 1956, ch. 104170A Stat. 58Pub. L. 98–209, § 7(a)(1)97 Stat. 1401Pub. L. 114–328, div. E, title LIX, § 5328130 Stat. 2929Pub. L. 115–91, div. A, title X, § 1081(c)(1)(I)131 Stat. 1598(, ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

864

50:651.

May 5, 1950, ch. 169, § 1 (Art. 64), 64 Stat. 128.

The word “may” is substituted for the word “shall”. The word “is” is substituted for the words “shall constitute”.

Editorial Notes

Amendments

Pub. L. 115–91In GeneralIn General2017—Subsec. (a). substituted “(a) .—” for “(a) (a) .—”.

Pub. L. 114–328, § 5328(b)(1)2016—, substituted “Judge advocate review of finding of guilty in summary court-martial” for “Review by a judge advocate” in section catchline.

Pub. L. 114–328, § 5328(a)Subsec. (a). , inserted subsec. (a) designation, heading, and first two sentences, and struck out former first two sentences which read as follows: “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 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.”

Pub. L. 114–328, § 5328(b)(2)(A)Subsec. (b). , inserted heading.

Pub. L. 114–328, § 5328(b)(2)(B)section 860(c) of this titleSubsec. (b)(2), (3). –(D), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the sentence approved under (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or”.

Pub. L. 114–328, § 5328(b)(3)section 869 of this titlesection 869(b) of this titleSubsec. (c)(3). , substituted “ (article 69).” for “ (article 69(b)).”

Pub. L. 98–2091983— amended section generally, substituting “Review by a judge advocate” for “Approval by the convening authority” in section catchline, and, in text, substituting provisions relating to review by a judge advocate for provision that in acting on the findings and sentence of a court-martial, the convening authority could approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he found correct in law and fact and as he in his discretion determined should be approved, and that unless he indicated otherwise, approval of the sentence was approval of the findings and sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 1081(c)(4) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .

Effective Date of 1983 Amendment

Pub. L. 98–209Pub. L. 98–209section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , 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 , set out as a note under .