Subchapter IX · Post-Trial Procedure and Review of Courts-Martial

Article 74. Remission and suspension

2024 Manual for Courts-Martial, United States

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(a) The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer 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. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.
(b) The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
Cross-referencesCited by 7
Cited by

Provisions elsewhere in the Manual whose text cites Article 74. Each link opens the citing provision.

Rules for Courts-Martial
R.C.M. 1201(i) — Review by the Judge Advocate General
Remission and suspension. The Judge Advocate General may, when so authorized by the Secretary concerned under Article 74, at any time remit or suspend the unexecuted part of any sentence, other than a sentence approved by the…
R.C.M. 1203(e)(5) — Review by a Court of Criminal Appeals (74(a))
…decision of the Court of Criminal Appeals to the Secretary concerned with a recommendation for action under Article 74 or may take such action as may be authorized by the Secretary concerned under Article 74(a).
Discussion under R.C.M. 1203(g)(2) — Review by a Court of Criminal Appeals (74(a))
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 (74(a))
See R.C.M. 1111 concerning modification of the judgment in the case. See also R.C.M. 1206 and Article 74(a).
R.C.M. 1209(b) — Finality of courts-martial
…new trial under Article 73, to action under Article 69, to action by the Secretary concerned as provided in Article 74, and the authority of the President.
R.C.M. 1210(g)(3) — New trial
…by the Judge Advocate General. If the Judge Advocate General believes meritorious grounds for relief under Article 74 have been established but that a new trial is not appropriate, the Judge Advocate General may act under…
Uniform Code of Military Justice
Art. 76 — Finality of proceedings, findings, and sentences
…this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74) and the authority of the President.