US Code

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

10 U.S.C. § 869

Art. 69. Review by Judge Advocate General

(a)

In General .—

section 864(c)(3) of this titleUpon application by the accused or receipt of the record pursuant to (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may—
(1)
with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or
(2)
section 866 of this title with respect to a general or special court-martial, order such court-martial to be reviewed under (article 66).
(b)

Timing .—

(1)
To qualify for consideration, an application under subsection (a) must be submitted to the Judge Advocate General not later than—
(A)
section 864 of this title for a summary court-martial, one year after the date of completion of review under (article 64); or
(B)
section 865(c) of this titlesection 861 of this titlesection 860c of this title for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under (article 60c).
(2)
The Judge Advocate General may, for good cause shown, extend the period for submission of an application, except that—
(A)
in the case of an application for review of a summary court martial, the Judge Advocate may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A); and
(B)
in case of an application for review of a general or special court-martial, the Judge Advocate may not consider an application submitted more than three years after the end of the applicable period under paragraph (1)(B).
(c)

Scope .—

(1)
(A)
section 864 of this title In a case reviewed under (article 64), the Judge Advocate General may set aside the findings or sentence, in whole or in part, on the grounds of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
(B)
section 844 of this title In 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).
(C)
If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
(D)
(i)
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 impracticable, the convening authority shall dismiss the charges.
(ii)
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.
(2)
section 865(b) of this title In a case reviewed under (article 65(b)), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was invalid under the law. If the Judge Advocate General determines that the waiver or withdrawal of an appeal was invalid, the Judge Advocate General shall send the case to the Court of Criminal Appeals.
(d)

Court of Criminal Appeals .—

(1)
A Court of Criminal Appeals may review the action taken by the Judge Advocate General under subsection (c)(1) in a case submitted to the Court of Criminal Appeals by the accused in an application for review.
(2)
The Court of Criminal Appeals may grant an application under paragraph (1) only if—
(A)
the application demonstrates a substantial basis for concluding that the action on review under subsection (c) constituted prejudicial error; and
(B)
the application is filed not later than the earlier of—
(i)
60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or
(ii)
60 days after the date on which a copy of the decision of the Judge Advocate General 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.
(3)
section 870(c)(1) of this title The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal Appeals for purposes of (article 70(c)(1)).
(e)

Action Only on Matters of Law .—

section 866 of this titleNotwithstanding (article 66), in any case reviewed by a Court of Criminal Appeals under subsection (d), the Court may take action only with respect to matters of law.

Aug. 10, 1956, ch. 104170A Stat. 61Pub. L. 90–632, § 2(30)82 Stat. 1342Pub. L. 97–81, § 695 Stat. 1089Pub. L. 98–209, § 7(e)(1)97 Stat. 1402Pub. L. 101–189, div. A, title XIII103 Stat. 1576Pub. L. 103–337, div. A, title IX, § 924(c)(2)108 Stat. 2831Pub. L. 114–328, div. E, title LIX, § 5333130 Stat. 2935Pub. L. 115–91, div. A, title X, § 1081(c)(1)(L)131 Stat. 1598Pub. L. 117–81, div. A, title V, § 539A(d)135 Stat. 1699Pub. L. 117–263, div. A, title V, § 544(c)136 Stat. 2582(, ; , , ; , , ; , , ; , §§ 1302(a), 1304(b)(1), , , 1577; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

869

50:656.

May 5, 1950, ch. 169, § 1 (Art. 69), 64 Stat. 130.

The word “may” is substituted for the word “will”. The word “under” is substituted for the words “pursuant to the provisions of”.

Editorial Notes

Amendments

Pub. L. 117–263, § 544(c)(1)section 866 of this title2022—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, text read as follows: “Upon application by the accused and subject to subsections (b), (c), and (d), the Judge Advocate General may modify or set aside, in whole or in part, the findings and sentence in a court-martial that is not reviewed under (article 66).”

Pub. L. 117–263, § 544(c)(2)Subsec. (b). , designated existing provisions as par. (1), substituted “not later than—” and subpars. (A) and (B) for “not later than one year after the date of completion of review under section 864 or 865 of this title (article 64 or 65), as the case may be. The Judge Advocate General may, for good cause shown, extend the period for submission of an application, but may not consider an application submitted more than three years after such completion date.” and added par. (2).

Pub. L. 117–263, § 544(c)(3)(A)section 864 of this titleSubsec. (c)(1)(A). , substituted “ (article 64)” for “section 864 or 865(b) of this title (article 64 or 65(b))”.

Pub. L. 117–263, § 544(c)(3)(B)Subsec. (c)(2). , substituted “the Judge Advocate General shall send the case to the Court of Criminal Appeals” for “the Judge Advocate General shall order appropriate corrective action under rules prescribed by the President”.

Pub. L. 117–263, § 544(c)(4)(A)Subsec. (d)(1). , substituted “under subsection (c)(1) in a case submitted” for “under subsection (c)—

“(A) in a case sent to the Court of Criminal Appeals by order of the Judge Advocate General; or

“(B) in a case submitted”.

Pub. L. 117–263, § 544(c)(4)(B)Subsec. (d)(2). , substituted “paragraph (1)” for “paragraph (1)(B)” in introductory provisions.

Pub. L. 117–812021—Subsec. (c)(1)(D). designated existing provisions as cl. (i), 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. 115–912017—Subsec. (c)(1)(A). inserted comma after “in whole or in part”.

Pub. L. 114–3282016— amended section generally. Prior to amendment, section related to review in the office of the Judge Advocate General.

Pub. L. 103–3371994—Subsecs. (d), (e). substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing.

Pub. L. 101–189, § 1304(b)(1)section 867(b)(2) of this titlesection 867(a)(2) of this titlePub. L. 101–189, § 1302(a)(1)1989—Subsec. (a). , which directed amendment of subsec. (a) by striking “ (article 67(b)(2))” in the third sentence and inserting in lieu thereof “ (article 67(a)(2))”, could not be executed because of the intervening amendment by , which struck out the third sentence, see below.

Pub. L. 101–189, § 1302(a)(1)section 866 of this titlesection 867(b)(2) of this title, 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 (article 66), but in that event there may be no further review by the Court of Military Appeals except under (article 67(b)(2)).”

Pub. L. 101–189, § 1302(a)(2)Subsecs. (d), (e). , added subsecs. (d) and (e).

Pub. L. 98–209section 866 of this titlesection 866 of this titlesection 867(b)(2) of this titlesection 876 of this titlesection 865(b) of this title1983— 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 , 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 , but in that event there could be no further review by the Court of Military Appeals except under , that notwithstanding , 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) , 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 , the officer exercising general court-martial jurisdiction, whichever was later, unless the accused established good cause for failure to file within that time.

Pub. L. 97–81section 865(b) of this title1981— 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) , 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 (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.

Pub. L. 90–6321968— 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263section 544(d)(2) of Pub. L. 117–263section 861 of this titleAmendment by not applicable to any matter that was submitted before , to a Judge Advocate General under this section, see , set out as a note under .

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 1989 Amendment

Pub. L. 101–189, div. A, title XIII, § 1302(b)103 Stat. 1576

section 869 of title 10“Subsection (e) of , 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 [].”
, , , provided that:

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 1981 Amendment

Pub. L. 97–81section 7(a) of Pub. L. 97–81section 706 of this titleAmendment by effective at end of 60-day period beginning on , see , set out as an Effective Date note under .

Effective Date of 1968 Amendment

Pub. L. 90–632section 4(b) of Pub. L. 90–632section 801 of this titleAmendment by effective , see , set out as a note under .

Two-Year Period for Applications for Modification or Set-Aside Inapplicable to Applications Filed On or Before

Pub. L. 98–209, § 7(e)(2)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 , 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.