The word "may" is substituted for the word "shall". The word "is" is substituted for the words "shall constitute".

Amendments

2017—Subsec. (a). Pub. L. 115–91 substituted "(a) In General.—" for "(a) (a) In General.—".

2016—Pub. L. 114–328, §5328(b)(1), substituted "Judge advocate review of finding of guilty in summary court-martial" for "Review by a judge advocate" in section catchline.

Subsec. (a). Pub. L. 114–328, §5328(a), inserted subsec. (a) designation, heading, and first two sentences, and struck out former first two sentences which read as follows: "Each case in which there has been a finding of guilty that is not reviewed under section 866 or 869(a) of this title (article 66 or 69(a)) shall be reviewed by a judge advocate under regulations of the Secretary concerned. A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense."

Subsec. (b). Pub. L. 114–328, §5328(b)(2)(A), inserted heading.

Subsec. (b)(2), (3). Pub. L. 114–328, §5328(b)(2)(B)–(D), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or".

Subsec. (c)(3). Pub. L. 114–328, §5328(b)(3), substituted "section 869 of this title (article 69)." for "section 869(b) of this title (article 69(b))."

1983—Pub. L. 98–209 amended section generally, substituting "Review by a judge advocate" for "Approval by the convening authority" in section catchline, and, in text, substituting provisions relating to review by a judge advocate for provision that in acting on the findings and sentence of a court-martial, the convening authority could approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he found correct in law and fact and as he in his discretion determined should be approved, and that unless he indicated otherwise, approval of the sentence was approval of the findings and sentence.

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments 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.

Effective Date of 2016 Amendment

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.

Effective Date of 1983 Amendment

Amendment 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.