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Review of courts-martial records

Division A · Title V: MILITARY PERSONNEL POLICY · Subtitle E: Military Justice

Plain-language summaryAI

The section changes the rules for reviewing military court-martial records when a direct appeal is not made or is withdrawn. It updates the review process to focus on whether the court had proper authority, if the charges were valid, and if the sentence was legally allowed. It also makes a technical correction to reference the updated review rules.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 544.
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(a) Review when direct appeal is waived, withdrawn, or not filed

Section 865(d) of title 10, United States Code (article 65(d) of the Uniform Code of Military Justice), is amended—

(1)

by striking paragraph (2);

(2)

by redesignating paragraph (3) as paragraph (2); and

(3)

in paragraph (2), as so redesignated—

(A)

in subparagraph (A)(ii), by striking subparagraph (A), (B), or (C) and inserting subparagraph (A) or (B) ; and

(B)

in subparagraph (B), by striking conclusions and all that follows and inserting

(i)

Whether the court had jurisdiction over the accused and the offense.

(ii)

Whether the charge and specification stated an offense.

(iii)

Whether the sentence was within the limits prescribed as a matter of law.

(b) Technical correction

Section 869(c)(2) of title 10, United States Code (article 69(c)(2) of the Uniform Code of Military Justice), is amended by striking section 865(b) of this title (article 65(b)) and inserting section 865(d) of this title (article 65(d)) .