US Code

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

10 U.S.C. § 865

Art. 65. Transmittal and review of records

(a)

Transmittal of Records.—

(1)

Finding of guilty in general or special court-martial .—

section 860c of this titleIf the judgment of a general or special court-martial entered under (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
(2)

Other cases .—

In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
(b)

Cases for Direct Appeal.—

(1)

Automatic review .—

If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward—
(A)
section 866(b)(3) of this title the record of trial to the Court of Criminal Appeals for review under (article 66(b)(3)); and
(B)
a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
(2)

Cases eligible for direct appeal review.—

(A)

In general .—

section 866(b)(1) of this titleIf the case is eligible for direct review under (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
(i)
forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and to represent the accused before the Court of Criminal Appeals; and
(ii)
forward a copy of the record of trial to civilian counsel provided by the accused.
(B)

Inapplicability .—

section 861 of this titleSubparagraph (A) shall not apply if the accused waives the right to appeal under (article 61).
(c)

Notice of Right to Appeal.—

(1)

In general .—

section 866(b)(1) of this titleThe Judge Advocate General shall provide notice to the accused of the right to file an appeal under (article 66(b)(1)) by means of depositing in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in the official service record of the accused.
(2)

Inapplicability upon waiver of appeal .—

section 861 of this titleParagraph (1) shall not apply if the accused waives the right to appeal under (article 61).
(d)

Review by Judge Advocate General.—

(1)

By whom .—

A review conducted under this subsection may be conducted by an attorney within the Office of the Judge Advocate General or another attorney designated under regulations prescribed by the Secretary concerned.
(2)

Review of cases not eligible for direct appeal.—

(A)

In general .—

section 866(b) of this titleA review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of (article 66(b)).
(B)

Scope of review .—

A review referred to in subparagraph (A) shall include a written decision providing each of the following:
(i)
A conclusion as to whether the court had jurisdiction over the accused and the offense.
(ii)
A conclusion as to whether the charge and specification stated an offense.
(iii)
A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
(iv)
A response to each allegation of error made in writing by the accused.
(3)

Review when direct appeal is waived, withdrawn, or not filed.—

(A)

In general .—

A review under subparagraph (B) shall be completed in each general and special court-martial if—
(i)
section 861 of this title the accused waives the right to appeal or withdraws appeal under (article 61); or
(ii)
section 866(b)(1) of this title the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of (article 66(b)(1)).
(B)

Scope of review .—

A review referred to in subparagraph (A) shall include a written decision limited to providing conclusions on the matters specified in clauses (i), (ii), and (iii) of paragraph (2)(B).
(e)

Remedy.—

(1)

In general .—

If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the Judge Advocate General, who may set aside the findings or sentence, in whole or in part.
(2)

Rehearing .—

section 844 of this titleIn setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of (article 44).
(3)

Remedy without rehearing.—

(A)

Dismissal when no rehearing ordered .—

If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
(B)

Dismissal when rehearing impracticable.—

(i)

In general .—

Subject to clause (ii), if the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impractical, the convening authority shall dismiss the charges.
(ii)

Cases referred by special trial counsel .—

If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.

Aug. 10, 1956, ch. 104170A Stat. 59Pub. L. 90–179, § 1(6)81 Stat. 546Pub. L. 90–632, § 2(26)82 Stat. 1341Pub. L. 96–513, title V, § 511(25)94 Stat. 2922Pub. L. 98–209, § 6(d)(1)97 Stat. 1401Pub. L. 114–328, div. E, title LIX, § 5329130 Stat. 2930Pub. L. 115–91, div. A, title X, § 1081(c)(1)(J)131 Stat. 1598Pub. L. 117–81, div. A, title V, § 539A(a)135 Stat. 1698Pub. L. 118–159, div. A, title V, § 563138 Stat. 1903(, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

865(a)

865(b)

50:652(a).

50:652(b).

May 5, 1950, ch. 169, § 1 (Art. 65), 64 Stat. 128.

865(c)

50:652(c).

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”.

Editorial Notes

Amendments

Pub. L. 118–159, § 563(1)2024—Subsec. (b)(1). , substituted “forward—” for “forward”, inserted subpar. (A) designation before “the record”, and added subpar. (B).

Pub. L. 118–159, § 563(2)(A)(i)Subsec. (b)(2)(A). , substituted “shall, upon written request of the accused” for “shall” in introductory provisions.

Pub. L. 118–159, § 563(2)(A)(ii)Subsec. (b)(2)(A)(i). , struck out “, upon request of the accused,” after “review the case and”.

Pub. L. 118–159, § 563(2)(A)(iii)Subsec. (b)(2)(A)(ii). , struck out “upon written request of the accused,” before “forward a copy”.

Pub. L. 118–159, § 563(2)(B)Subsec. (b)(2)(B). , substituted “accused” for “accused—”, struck out cl. (i) designation before “waives”, and struck out cl. (ii) which read as follows: “declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).”

Pub. L. 117–812021—Subsec. (e)(3)(B). substituted “impracticable” for “impractical” in subpar. heading, designated existing provisions as cl. (i), inserted cl. (i) heading, substituted “Subject to clause (ii), if the Judge Advocate General” for “If the Judge Advocate General” and “impracticable” for “impractical”, and added cl. (ii).

Pub. L. 115–91section 866(b)(3) of this titlesection 866(b)(2) of this title2017—Subsec. (b)(1). substituted “ (article 66(b)(3))” for “ (article 66(b)(2))”.

Pub. L. 114–3282016— amended section generally. Prior to amendment, section related to disposition of records.

Pub. L. 98–2091983— 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.

Pub. L. 96–5131980—Subsec. (c). substituted “Department of Transportation” for “Department of the Treasury”.

Pub. L. 90–6321968—Subsec. (b). substituted “Court of Military Review” for “board of review” wherever appearing.

Pub. L. 90–1791967—Subsec. (c). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81section 539C of Pub. L. 117–81section 801 of this titleAmendment by effective on the date that is two years after , and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after , see , set out as a note under .

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 .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–632section 4 of Pub. L. 90–632section 801 of this titleAmendment by effective first day of tenth month following October 1968, see , set out as a note under .