section 860c of this titleUnder regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
Pub. L. 97–81, § 2(c)(1)95 Stat. 1087Pub. L. 98–209, § 5(g)97 Stat. 1400Pub. L. 114–328, div. E, title LIX, § 5338130 Stat. 2937(Added , , ; amended , , ; , , .)
Editorial Notes
Amendments
Pub. L. 114–328section 860 of this titlesection 860c of this titlesection 860 of this title2016— struck out “, as approved under (article 60),” after “if the sentence” and substituted “of the entry of judgment under (article 60c)” for “on which the sentence is approved under (article 60)”.
Pub. L. 98–209section 860 of this title1983— substituted “under (article 60)” for “under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction” and “by the officer exercising general court-martial jurisdiction”, respectively.
Statutory Notes and Related Subsidiaries
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
Pub. L. 98–209section 860 of this titlePub. L. 97–81section 706 of this titleSection to take effect at end of 60-day period beginning on , to apply to each member whose sentence by court-martial is approved on or after , under section 864 or 865 of this title by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (), or under by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of , set out as a note under .