10 U.S.C. § 867

In subsection (a)(1), the word “is” is substituted for the words “is hereby established”. The words “all” and “which shall be” are omitted as surplusage. The word “consists” is substituted for the words “shall consist”. The word “civil” is substituted for the word “civilian”. The word “may” is substituted for the word “shall” before the words “be appointed”. The word “is” is substituted for the word “shall” before the words “any person”. The words “is entitled to” are substituted for the words “shall receive”. The word “is” is substituted for the words “shall be” in the fourth sentence. The word “may” is substituted for the words “shall have power to * * * to”. The word “does” is substituted for the word “shall” in the next to the last sentence. In the last sentence, the words “is entitled * * * to” are substituted for the word “shall”. The word “outside” is substituted for the words “at a place other than his official station. The official station of such judges for such purpose shall be”. The words “also” and “actually” are omitted as surplusage.

February 28, 1951In subsection (a)(2), the words “,” are substituted for the words “the effective date of this subdivision”. The word “shall” in the first sentence, and the word “shall” before the word “expire” in the second sentence, are omitted as surplusage. The word “before” is substituted for the words “prior to”. The word “may” is substituted for the word “shall” before the words “be appointed”.

In subsection (a)(3), the word “for” is substituted for the words “upon the ground of”.

In subsection (b), the words “the following cases” are omitted as surplusage.

In subsections (b) and (d), the word “sent” is substituted for the word “forwarded”.

In subsection (c), the word “when” is inserted after the word “time”. The words “a grant of” are omitted as surplusage.

In subsection (d), the word “may” is substituted for the word “shall” in the first sentence.

In subsection (f), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

In subsection (g), the words “of the armed forces” are omitted as surplusage. The words “policies as to sentences” are substituted for the words “sentence policies”. The word “considered” is substituted for the word “deemed”. The words “Secretaries of the military departments, and the Secretary of the Treasury” are substituted for the words “Secretaries of the Departments”.

Act1982

Pub. L. 90–632Oct. 24, 196882 Stat. 1343 In subsection (d), the words “Court of Military Review” are substituted for “board of review” because of section 3(b) of the Military Justice Act of 1968 (, , ).

The change in subsection (g) reflects the transfer of functions from the Secretary of the Treasury to the Secretary of Transportation under 49:1655(b).

Editorial Notes

Amendments

Pub. L. 116–2832021—Subsec. (c)(1)(C). added subpar. (C).

Pub. L. 117–81Subsec. (e). inserted at end “Notwithstanding the preceding sentence, 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.”

Pub. L. 114–328, § 5331(a)2016—Subsec. (a)(2). , inserted “, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps,” after “the Judge Advocate General”.

Pub. L. 114–328, § 5331(b)Subsec. (c). , designated first sentence as par. (1) and substituted “only with respect to—” and subpars. (A) and (B) for “only with respect to the issues raised by him.” and designated second to fourth sentences as pars. (2) to (4), respectively.

Pub. L. 103–337, § 924(c)(4)(B)1994—, substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in section catchline.

Pub. L. 103–337, § 924(c)(2), substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing in subsecs. (a) to (c) and (e).

Pub. L. 103–337, § 924(c)(1), substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” wherever appearing.

Pub. L. 101–1891989— redesignated subsecs. (b) to (f) as (a) to (e), respectively, struck out former subsec. (a) which related to establishment of the United States Court of Military Appeals, and appointment, removal, allowances and compensation, etc., of judges of such court, struck out subsec. (g) which related to a committee required to make annual comprehensive surveys of the operation of this chapter, struck out subsec. (h) which related to review of decisions of the Court of Military Appeals by the Supreme Court, and struck out subsec. (i) which related to annuities for judges and former or retired judges, and survivors and former spouses of judges and former judges.

Pub. L. 100–456, § 722(c)1988—Subsec. (a)(4). , inserted “or an annuity under subsection (i) or subchapter III of chapter 83 or chapter 84 of title 5” after “retired pay” in two places.

Pub. L. 100–456, § 722(a)Subsec. (i). , added subsec. (i).

Pub. L. 100–261987—Subsec. (g)(1). substituted “the Staff Judge Advocate to the Commandant of the Marine Corps” for “the Director, Judge Advocate Division, Headquarters, United States Marine Corps”.

Pub. L. 98–209, § 13(d)1983—Subsec. (a)(3). , inserted “Circuit” after “District of Columbia”.

Pub. L. 98–209, § 7(d)Subsec. (b)(1). , struck out “affects a general or flag officer or” before “extends to death”.

Pub. L. 98–209, § 9(a)Subsec. (g). , designated existing provisions as par. (1), substituted “A committee consisting of the judges of the Court of Military Appeals, the Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, the Director, Judge Advocate Division, Headquarters, United States Marine Corps, and two members of the public appointed by the Secretary of Defense shall meet at least annually. The committee shall make an annual comprehensive survey of the operation of this chapter. After each such survey, the committee shall report” for “The Court of Military Appeals and the Judge Advocates General shall meet annually to make a comprehensive survey of the operation of this chapter and report”, and added pars. (2) and (3).

Pub. L. 98–209, § 10(c)(2)Subsec. (h). , added subsec. (h).

Pub. L. 97–295, § 1(12)(A)1982—Subsec. (d). , substituted “Court of Military Review” for “board of review” after “incorrect in law by the”.

Pub. L. 97–295, § 1(12)(B)Subsec. (g). , substituted “Secretary of Transportation” for “Secretary of the Treasury” after “military departments, and the”.

Pub. L. 97–811981—Subsec. (c). substituted provisions authorizing the accused to petition the Court of Military Appeals for review of a decision of a Court of Military Review within 60 days from the earlier of (1) the date on which the accused is notified of the decision of the Court of Military Review, or (2) the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record for the accused (if any), is deposited 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 his official service record, and directing the Court of Military Appeals to act upon such a petition promptly in accordance with the rules of the court for provision which had given the accused 30 days from the time when he was notified of the decision of a board of review to petition the Court of Military Appeals for review and which had directed the court to act upon such a petition within 30 days of the receipt thereof.

Pub. L. 96–579June 15, 19681980—Subsec. (a)(1). struck out third sentence prescribing expiration of terms of office of all successors of judges of the Court of Military Appeals serving on , fifteen years after expiration of term of their predecessors subject to requirement that any judge appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed should be appointed only for the unexpired term of the predecessor.

Pub. L. 90–340June 15, 19681968—Subsec. (a)(1). changed the name of the Court of Military Appeals to the United States Court of Military Appeals, and established it under Article I of the United States Constitution, provided that the terms of office of all successors of the judges serving on , shall expire 15 years after the expiration of the terms for which their predecessors were appointed but that any judge appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed only for the unexpired term of his predecessor, substituted provisions that each judge is entitled to the same salary and travel allowances as are judges of the United States Court of Appeals for provisions that entitled each judge to a salary of $33,000 a year and a travel and maintenance allowance, for expenses incurred while attending court or transacting official business outside the District of Columbia, not to exceed $15 a day, and provided for the precedence of the chief judge, and of the other judges based on their seniority.

Pub. L. 90–340February 28, 1951May 1, 1956May 1, 1961May 1, 1966Subsec. (a)(2). redesignated former par. (3) as (2) and changed the name of the Court of Military Appeals to the United States Court of Military Appeals. Provisions of former par. (2) pertaining to the terms of office of judges were placed in par. (1). Provisions of former par. (2) pertaining to the terms of office of the three judges first taking office after , and expiring, as designated by the President at the time of nomination, one on , one on , and one on , were struck out.

Pub. L. 90–340Subsec. (a)(3). redesignated former par. (4) as (3) and changed the name of the Court of Military Appeals to the United States Court of Military Appeals, and provided that a judge appointed to fill a temporary vacancy due to illness or disability may only be a judge of the Court of Appeals for the District of Columbia. Former par. (3) redesignated (2).

Pub. L. 90–340Subsec. (a)(4). added par. (4). Former par. (4) redesignated (3).

Pub. L. 90–632Subsecs. (b), (f). substituted “Court of Military Review” for “board of review” wherever appearing.

Pub. L. 88–4261964—Subsec. (a)(1). increased salary of judges from $25,500 to $33,000.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Dec. 27, 2021Dec. 27, 2021section 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 .

Pub. L. 116–283Jan. 1, 2021section 860c of this titlesection 542(e)(2) of Pub. L. 116–283section 866 of this titleAmendment by effective on , and applicable with respect to any case in which every finding of guilty entered into the record under is for an offense that occurred on or after that date, see , set out in a note under .

Effective Date of 2016 Amendment

Pub. L. 114–328Jan. 1, 2019section 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 1988 Amendment

Pub. L. 100–456, div. A, title VII, § 722(d)Sept. 29, 1988102 Stat. 2003

Effective Date of 1983 Amendment

Pub. L. 98–209Dec. 6, 1983Pub. L. 98–209Dec. 6, 1983section 7(d) of Pub. L. 98–209Pub. L. 98–209section 801 of this titleAmendment by sections 9(a) and 13(d) effective , and amendment by sections 7(d) and 10(c)(2) of effective first day of eighth calendar month beginning after , but amendment by 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 1981 Amendment

Pub. L. 97–81Nov. 20, 1981Pub. L. 97–81section 706 of this titleAmendment by to take effect at end of 60-day period beginning on , and to apply to any accused with respect to a Court of Military Review [now Court of Criminal Appeals] decision that is dated on or after that date, see section 7(a), (b)(5) of , set out as an Effective Date 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 .

Effective Date of 1964 Amendment

Pub. L. 88–426section 501 of Pub. L. 88–426For effective date of amendment by , see .

Commission To Study and Make Recommendations Concerning Sentencing Authority, Jurisdiction, Tenure, and Retirement of Military Judges; Establishment; Composition; Report to Congressional Committees

Pub. L. 98–209, § 9(b)Dec. 6, 198397 Stat. 1404 Pub. L. 98–525, title XV, § 1521Oct. 19, 198498 Stat. 2628 Dec. 15, 1984section 867(g) of this title, , , as amended by , , , directed Secretary of Defense to establish a commission to study the sentencing authority, jurisdiction, tenure, and retirement system of military judges, and to report, not later than , its findings and recommendations to committees of Congress and to the committee established under former .

Terms of Office of Judges of United States Court of Military Appeals

Pub. L. 96–579, § 12(b)Dec. 23, 198094 Stat. 3369 Dec. 23, 1980Dec. 23, 1980, , , provided that the term of office of a judge of United States Court of Military Appeals serving on such court on , expire (1) on the date the term of such judge would have expired under the law in effect on the day before , or (2) ten years after the date on which such judge took office as a judge of the United States Court of Military Appeals, whichever is later.

Continuation of Powers and Jurisdiction of Court of Military Appeals; Status of Judges

Pub. L. 90–340, § 2June 15, 196882 Stat. 178

Executive Documents

Salary Increases

section 358 of Title 21987—Salaries of judges increased to $95,000 per annum, on recommendation of President, see note set out under , The Congress.

section 358 of Title 21977—Salaries of judges increased to $57,500 per annum, on recommendation of President, see note set out under .

Feb. 14, 1969section 358 of Title 21969—Salaries of judges increased from $33,000 to $42,500 per annum, commencing first day of pay period which begins after , on recommendation of President, see note set out under .

Executive Order No. 12063

June 5, 1978Dec. 31, 1980Ex. Ord. No. 12063, , 43 F.R. 24659, which related to the United States Court of Military Appeals Nominating Commission, was revoked by Ex. Ord. No. 12258, , 46 F.R. 1251, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.