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

Summary

The Secretary in charge, or senior officials he names (like Under Secretaries, Assistant Secretaries, the Judge Advocate General, or commanders), can cancel or pause parts of a sentence that have not yet been carried out. That can include money forfeitures not yet collected, but not sentences approved by the President. If someone is sentenced to life without parole for an offense committed after October 29, 2000, once that sentence begins the Secretary cannot delegate this power and can only act after the person has served at least 20 years. The Secretary can also, for good reason, change a court-martial dismissal or discharge into 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