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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 876a. Art. 76a. Leave required to be taken pending review of certain court-martial convictions

Statutory text

Under 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 section 860c of this title (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.

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.

  1. Pub. L. 97–81 § 2(c)(1) · 95 Stat. 1085

    Enacted · 10 U.S.C. § 876a

    Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087

    Source evidence

    Code source credit
    Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087

    Enacted provision · exact public law section
    (1) Subchapter IX is amended by adding at the end thereof the following new section (article): “§876a. Art. 76a. Leave required to be taken pending review of certain court-martial convictions “Under 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, as approved under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved by the officer exercising general court-martial jurisdiction 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.”.

  2. Military Justice Act of 1983

    Pub. L. 98–209 § 5(g) · 97 Stat. 1393

    Substituted · 10 U.S.C. § 876a

    Pub. L. 98–209 substituted “under section 860 of this title (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

    Source evidence

    Code amendment note
    Pub. L. 98–209 substituted “under section 860 of this title (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.

    Enacted provision · exact public law section
    (g) 10 USC 876a. Section 876a (article 76a) is amended— (1) by striking out “864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction” and inserting in lieu thereof “860 of this title (article 60)”; and (2) by striking out “by the officer exercising general court-martial jurisdiction” in the second sentence and inserting in lieu thereof “under section 860 of this title (article 60)”.

  3. Military Justice Act of 2016

    Pub. L. 114–328 div. E title LIX § 5338 · 130 Stat. 2000

    1. Struck · 10 U.S.C. § 876a

      Pub. L. 114–328 struck out “, as approved under section 860 of this title (article 60),” after “if the sentence”

    2. Substituted · 10 U.S.C. § 876a

      Pub. L. 114–328 substituted “of the entry of judgment under section 860c of this title (article 60c)” for “on which the sentence is approved under section 860 of this title (article 60)”

    Source evidence

    Code amendment note
    Pub. L. 114–328 struck out “, as approved under section 860 of this title (article 60),” after “if the sentence” and substituted “of the entry of judgment under section 860c of this title (article 60c)” for “on which the sentence is approved under section 860 of this title (article 60)”.

    Enacted provision · exact public law section
    SEC. 5338. LEAVE REQUIREMENTS PENDING REVIEW OF CERTAIN COURT-MARTIAL CONVICTIONS.   Section 876a of title 10, United States Code (article 76a of the Uniform Code of Military Justice), is amended— (1) in the first sentence, by striking “, as approved under section 860 of this title (article 60),”; and (2) in the second sentence, by striking “on which the sentence is approved under section 860 of this title (article 60)” and inserting “of the entry of judgment under section 860c of this title (article 60c)”.

    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 4 references resolved to an enrolled provision

Editorial Notes

Amendments1983–2016 · 2 rounds

2016

Pub. L. 114–328 struck out “, as approved under section 860 of this title (article 60),” after “if the sentence” and substituted “of the entry of judgment under section 860c of this title (article 60c)” for “on which the sentence is approved under section 860 of this title (article 60)”.

1983

Pub. L. 98–209 substituted “under section 860 of this title (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

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.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–209 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 Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date

Section 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 (Pub. L. 98–209), or under section 860 of this title by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title.

Credits

1981–2016 · 3 acts
  1. 1981Added Pub. L. 97–81, § 2(c)(1), , 95 Stat. 1087
  2. 1983amended Pub. L. 98–209, § 5(g), , 97 Stat. 1400
  3. 2016Pub. L. 114–328, div. E, title LIX, § 5338, , 130 Stat. 2937.
Show as published

(Added Pub. L. 97–81, § 2(c)(1), , 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), , 97 Stat. 1400; Pub. L. 114–328, div. E, title LIX, § 5338, , 130 Stat. 2937.)

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USLM identifier /us/usc/t10/s876a