(a)
(1)
(2)
(b)
(1)
(2)
(A)
(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals; and
(ii) upon written request of the accused, forward a copy of the record of trial to civilian counsel provided by the accused.
(B)
(i) waives the right to appeal under section 861 of this title (article 61); or
(ii) declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).
(c)
(1)
(2)
(d)
(1)
(2)
(A)
(B)
(i) A conclusion as to whether the court had jurisdiction over the accused and the offense.
(ii) A conclusion as to whether the charge and specification stated an offense.
(iii) A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
(iv) A response to each allegation of error made in writing by the accused.
(3)
(A)
(i) the accused waives the right to appeal or withdraws appeal under section 861 of this title (article 61); or
(ii) the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of section 866(b)(1) of this title (article 66(b)(1)).
(B)
(e)
(1)
(2)
(3)
(A)
(B)
| Revised section | Source (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".
Amendments
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 prior provisions 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.
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.
Effective Date of 1980 Amendment
Amendment 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.
Effective Date of 1968 Amendment
Amendment 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.
Tried the LawStack mobile app?
Join thousands and try LawStack mobile for FREE today.
- Carry the law offline, wherever you go.
- Download CFR, USC, rules, and state law to your mobile device.
