Chapter XII · Appeals and Review

R.C.M. 1206. Powers and responsibilities of the Secretary

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (4)
(a) Sentences requiring approval by the Secretary. No part of a sentence extending to dismissal of a commissioned officer, cadet, or midshipman may be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary.
Discussion
See Article 57(a)(4).
(b) Remission and suspension.
(1) In general. The Secretary concerned and, when designated by the Secretary concerned, any Under Secretary, Assistant Secretary, Judge Advocate General, or commander 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.
(2) Substitution of discharge. The Secretary concerned may, for good cause, substitute an administrative discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
(3) Sentence commuted by the President. When the President has commuted a death sentence to a lesser punishment, the Secretary concerned may remit or suspend any remaining part or amount of the unexecuted portion of the sentence of a person convicted by a military tribunal under the Secretary’s jurisdiction.
Cross-referencesCited by 4Cites 1
Cited by

Provisions elsewhere in the Manual whose text cites R.C.M. 1206. Each link opens the citing provision.

Rules for Courts-Martial
R.C.M. 1203(g)(1) — Review by a Court of Criminal Appeals
…Appeals, and the Judge Advocate General’s recommendation to the Secretary concerned for action under R.C.M. 1206; or
Discussion under R.C.M. 1203(g)(2) — Review by a Court of Criminal Appeals
See R.C.M. 1102, 1206, and Article 74(a) concerning the authority of the Secretary and others to take action.
Discussion under R.C.M. 1204(c)(1) — Review by the Court of Appeals for the Armed Forces
See R.C.M. 1111 concerning modification of the judgment in the case. See also R.C.M. 1206 and Article 74(a).
Discussion under R.C.M. 1204(c)(3) — Review by the Court of Appeals for the Armed Forces
See Article 57(a)(4) and R.C.M. 1206.
R.C.M. 1206 cites

Provisions named in the text of R.C.M. 1206. Where the cited provision is on this site, the link opens it.