Chapter XII · Appeals and Review
R.C.M. 1206. Powers and responsibilities of the Secretary
2024 Manual for Courts-Martial, United States
See all changes(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.