Amendments
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to action by the convening authority.
2014—Subsec. (c)(3)(A). Pub. L. 113–291, § 531(a)(1)(A), inserted “and may be taken only with respect to a qualifying offense” after “is not required”.
Subsec. (c)(3)(B)(i). Pub. L. 113–291, § 531(a)(1)(B), struck out “, other than a charge or specification for a qualifying offense,” after “specification” and inserted “, but may take such action with respect to a qualifying offense” before semicolon.
Subsec. (c)(3)(B)(ii). Pub. L. 113–291, § 531(a)(1)(C), struck out “, other than a charge or specification for a qualifying offense,” after “to a charge or specification” and inserted “, but may take such action with respect to a qualifying offense” before period.
Subsec. (c)(3)(C). Pub. L. 113–291, § 531(a)(2), struck out “(other than a qualifying offense)” after “offense”.
Subsec. (c)(4)(C)(ii). Pub. L. 113–291, § 531(a)(5), inserted “pursuant to section 856(b) of this title (article 56(b))” after “applies”.
Subsec. (d)(2)(A)(i). Pub. L. 113–291, § 531(a)(3)(A)(i), inserted “, if applicable” before semicolon.
Subsec. (d)(2)(A)(ii). Pub. L. 113–291, § 531(a)(3)(A)(ii), struck out “if applicable,” before “the date”.
Subsec. (d)(5). Pub. L. 113–291, § 531(a)(3)(B), substituted “harm” for “loss”.
2013—Subsec. (b)(1). Pub. L. 113–66, § 1706(c), substituted “subsection (e)” for “subsection (d)”.
Subsec. (b)(2). Pub. L. 113–66, § 1702(c)(1)(A), substituted “or another person authorized to act under this section” for “or other person taking action under this section”.
Subsec. (b)(5). Pub. L. 113–66, § 1706(b), added par. (5).
Subsec. (c). Pub. L. 113–66, § 1702(b), amended subsec. (c) generally. Prior to amendment, text related to the command prerogative of the convening authority to modify the findings and sentence of a court-martial.
Subsec. (d). Pub. L. 113–66, § 1706(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Pub. L. 113–66, § 1702(c)(1)(B), substituted “or another person authorized to act under this section” for “or other person taking action under this section” in first sentence.
Subsec. (e). Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 113–66, § 1702(c)(1)(C), substituted “or another person authorized to act under this section” for “or other person taking action under this section, in his sole discretion,”.
Subsec. (e)(3). Pub. L. 113–66, § 1702(c)(1)(D), substituted “or another person authorized to act under this section” for “or other person taking action under this section”.
Subsec. (f). Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (e) as (f).
1996—Subsec. (b)(1). Pub. L. 104–106 inserted after first sentence “Any such submission shall be in writing.”
1986—Subsec. (b)(1). Pub. L. 99–661, § 806(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Within 30 days after the sentence of a general court-martial or of a special court-martial which has adjudged a bad-conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. In the case of all other special courts-martial, the accused may make such a submission to the convening authority within 20 days after the sentence is announced. In the case of all summary courts-martial the accused may make such a submission to the convening authority within seven days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the period—
“(A) in the case of a general court-martial or a special court-martial which has adjudged a bad-conduct discharge, for not more than an additional 20 days; and
“(B) in the case of all other courts-martial, for not more than an additional 10 days.”
Subsec. (b)(2). Pub. L. 99–661, § 806(a)(2), (3), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 99–661, § 806(a)(1), (2), redesignated par. (2) as (3), inserted a comma after “case”, and struck out former par. (3) which read as follows: “In no event shall the accused in any general or special court-martial case have less than a seven-day period after the day on which a copy of the authenticated record of trial has been given to him within which to make a submission under paragraph (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days.”
Subsec. (c)(2). Pub. L. 99–661, § 806(b), struck out “and, if applicable, under subsection (d),” after “under subsection (b)”.
Subsec. (d). Pub. L. 99–661, § 806(c), substituted “who may submit any matter in response under subsection (b)” for “who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or other person taking action under this section, for good cause, may extend that period for up to an additional 20 days.”
1983—Pub. L. 98–209 amended section generally, substituting “Action by the convening authority” for “Initial action on the record” as section catchline, and, in text, substituting new provision for provision that after a trial by court-martial the record had to be forwarded to the convening authority, and action thereon could be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.
