Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 872. Art. 72. Vacation of suspension
Statutory text
Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 857 of this title (article 57). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 63 · 70A Stat. 63
Enacted · 10 U.S.C. § 872
Aug. 10, 1956, ch. 1041, 70A Stat. 63
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 63Military Justice Act of 2016
Pub. L. 114–328 § 5335(a) · 130 Stat. 2000
Inserted · 10 U.S.C. § 872(a)
Pub. L. 114–328, § 5335(a), (b)(1), inserted “The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing.” after first sentence
Substituted · 10 U.S.C. § 872(a)
Pub. L. 114–328, § 5335(a), (b)(1), substituted “if the probationer so desires” for “if he so desires” in last sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 5335(a), (b)(1), inserted “The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing.” after first sentence and substituted “if the probationer so desires” for “if he so desires” in last sentence.Enacted provision · exact public law section
(a) In General.— Subsection (a) of section 872 of title 10, United States Code (article 72 of the Uniform Code of Military Justice), is amended by inserting after the first sentence the following new sentence: “The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing.”.Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.Military Justice Act of 2016
Pub. L. 114–328 § 5335(b)(2) · 130 Stat. 2000
Substituted · 10 U.S.C. § 872(b)
Pub. L. 114–328, § 5335(b)(2), substituted “If the officer exercising general court-martial jurisdiction” for “If he”
Substituted · 10 U.S.C. § 872(b)
Pub. L. 114–328, § 5335(b)(2), substituted “section 857 of this title (article 57)” for “section 871(c) of this title (article 71(c))”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–328, § 5335(b)(2), substituted “If the officer exercising general court-martial jurisdiction” for “If he” and “section 857 of this title (article 57)” for “section 871(c) of this title (article 71(c))”.Enacted provision · exact public law section
(2) in the second sentence of subsection (b)— (A) by striking “If he” and inserting “If the officer exercising general court-martial jurisdiction”; and (B) by striking “section 871(c) of this title (article 71(c))” and inserting “section 857 of this title (article 57)”.Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 872(a)872(b) | 50:659(a).50:659(b). | May 5, 1950, ch. 169, § 1 (Art. 72), 64 Stat. 131. |
| 872(c) | 50:659(c). | |
In subsection (a), the word “Before” is substituted for the words “Prior to”.
In subsection (b), the words “be effective * * * to” are omitted as surplusage.
The second sentence is restated to make it clear that the execution of the rest of the court-martial sentence is not automatic. The word “is” is substituted for the words “shall * * * be” in the last sentence. The word “sent” is substituted for the word “forwarded”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”.
Editorial Notes
Amendments
2016—Subsec. (a). Pub. L. 114–328, § 5335(a), (b)(1), inserted “The special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing.” after first sentence and substituted “if the probationer so desires” for “if he so desires” in last sentence.
Subsec. (b). Pub. L. 114–328, § 5335(b)(2), substituted “If the officer exercising general court-martial jurisdiction” for “If he” and “section 857 of this title (article 57)” for “section 871(c) of this title (article 71(c))”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Credits
1956–2016 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 63
- 2016Pub. L. 114–328, div. E, title LIX, § 5335, , 130 Stat. 2936.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 114–328, div. E, title LIX, § 5335, , 130 Stat. 2936.)