§865 Art. 65. Transmittal and review of records

Revised sectionSource (U.S. Code)Source (Statutes at Large) 865(a)865(b)50:652(a).50:652(b).May 5, 1950, ch. 169, § 1 (Art. 65), 64 Stat. 128. 865(c)50:652(c). In subsection (b), the word “If” is substituted for the word “Where”. In subsections (a) and (b), the words “send” and “sent” are substituted for the words “forward” and “forwarded”, respectively. In subsection (c), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

2024—Subsec. (b)(1). Pub. L. 118–159, § 563(1), substituted “forward—” for “forward”, inserted subpar. (A) designation before “the record”, and added subpar. (B). Subsec. (b)(2)(A). Pub. L. 118–159, § 563(2)(A)(i), substituted “shall, upon written request of the accused” for “shall” in introductory provisions. Subsec. (b)(2)(A)(i). Pub. L. 118–159, § 563(2)(A)(ii), struck out “, upon request of the accused,” after “review the case and”. Subsec. (b)(2)(A)(ii). Pub. L. 118–159, § 563(2)(A)(iii), struck out “upon written request of the accused,” before “forward a copy”. Subsec. (b)(2)(B). Pub. L. 118–159, § 563(2)(B), substituted “accused” for “accused—”, struck out cl. (i) designation before “waives”, and struck out cl. (ii) which read as follows: “declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).” 2021—Subsec. (e)(3)(B). Pub. L. 117–81 substituted “impracticable” for “impractical” in subpar. heading, designated existing provisions as cl. (i), inserted cl. (i) heading, substituted “Subject to clause (ii), if the Judge Advocate General” for “If the Judge Advocate General” and “impracticable” for “impractical”, and added cl. (ii). 2017—Subsec. (b)(1). Pub. L. 115–91 substituted “section 866(b)(3) of this title (article 66(b)(3))” for “section 866(b)(2) of this title (article 66(b)(2))”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to disposition of records. 1983—Pub. L. 98–209 amended section generally, substituting “Disposition of records” for “Disposition of records after review by the convening authority” in section catchline, and, in text, substituting provisions relating to disposition of records for

relating to disposition of records that required when the convening authority had taken final action in a general court-martial case, he had to send the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the appropriate Judge Advocate General, required that where sentences of special courts-martial included a bad-conduct discharge, the record had to be sent for review either to the officer exercising general court-martial jurisdiction over the command to be reviewed or directly to the appropriate Judge Advocate General to be reviewed by a Court of Military Review, and required that all other special and summary court-martial records had to be reviewed by a judge advocate of the Army, Navy, Air Force, or Marine Corps, or a law specialist or lawyer of the Coast Guard or Department of Transportation, and had to be transmitted and disposed of as the Secretary concerned might prescribe by regulation. 1980—Subsec. (c). Pub. L. 96–513 substituted “Department of Transportation” for “Department of the Treasury”. 1968—Subsec. (b). Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing. 1967—Subsec. (c). Pub. L. 90–179 inserted reference to judge advocate of the Marine Corps and substituted reference to judge advocate of the Navy for reference to law specialist of the Navy.

of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if

are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

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.

of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, 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

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.

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.