§874 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary in charge of a military branch can cancel or pause any part of a court-martial punishment that has not yet been carried out. They can also cancel unpaid forfeitures, except when the President approved the sentence. The Secretary may let certain officials act for them, but if someone is sentenced to life with no parole for an offense committed after October 29, 2000, then once the sentence starts only the Secretary (not a delegate) can act, and only after at least 20 years in confinement. The Secretary can also, for good cause, replace a court-martial discharge or dismissal with an administrative discharge.

Title 10, §874

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.

(b)The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 874(a)874(b)50:661(a).50:661(b).May 5, 1950, ch. 169, § 1 (Art. 74), 64 Stat. 132. In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”. 2000—Subsec. (a). Pub. L. 106–398 inserted at end “However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 Amendment Pub. L. 106–398, § 1 [[div. A], title V, § 553(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: “The amendment made by subsection (a) [amending this section] shall not apply with respect to a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [Oct. 30, 2000].”

§874 Art. 74. Remission and suspension