Title 10Armed ForcesRelease 119-73

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

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER IX— - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL › § 876a

Last updated Apr 6, 2026|Official source

Summary

The Secretary may require a court‑martialed accused to take leave pending action under this subchapter if sentenced to unsuspended dismissal or unsuspended dishonorable or bad‑conduct discharge. Leave may start on the judgment date under section 860c (article 60c) or later.

Full Legal Text

Title 10, §876a

Armed Forces — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 AmendmentAmendment 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.

Effective Date

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

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 Nov. 20, 1981, to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 876a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73