Summary of changes
Article 65 — Transmittal and review of records
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
5 amended
2 added
2 removed
30 unchanged
7 authority-backed edits · recorded
2026-07-11 – 2026-07-13
Authorities behind these changes
- Public Law No. 118–159 (NDAA 2025) · Public Law, eff. 2024-12-23 · 4 changes
- Public Law No. 118-31 (NDAA 2024) · Public Law, eff. 2023-12-23 · 3 changes
Showing every provision.
Provisions
65(a)
unchanged
Original text
TRANSMITTAL OF RECORDS.—
Current text
TRANSMITTAL OF RECORDS.—
65(a)(1)
unchanged
Original text
FINDING OF GUILTY IN GENERAL OR SPECIAL COURT-MARTIAL.—
If the judgment of a general or special court-martial entered under section 860c of this title (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
Current text
FINDING OF GUILTY IN GENERAL OR SPECIAL COURT-MARTIAL.—
If the judgment of a general or special court-martial entered under section 860c of this title (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
65(a)(2)
unchanged
Original text
OTHER CASES.—
In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
Current text
OTHER CASES.—
In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
65(b)
unchanged
Original text
CASES FOR DIRECT APPEAL.—
Current text
CASES FOR DIRECT APPEAL.—
65(b)(1)
amended
Version history
Original text
AUTOMATIC REVIEW.—If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)).
Current text
AUTOMATIC REVIEW.—
If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward—
All changes since the original (removed / added)
AUTOMATIC REVIEW.—IfREVIEW.—
If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shallforward the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)).forward—
If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–159 § 563 (eff. Dec. 23, 2024) restructured (b)(1) into (A)/(B). | admin |
AUTOMATIC REVIEW.—If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall |
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65(b)(1)(A)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and
All changes since the original (removed / added)
the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–159 § 563. | admin |
the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and |
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65(b)(1)(B)
added since original
Version history
Original text
Not in the original text — this provision was added later.
Current text
a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
All changes since the original (removed / added)
a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-11 | Public Law No. 118-31 (NDAA 2024) (Public Law, eff. 2023-12-23) | Pub. L. 118–159 § 563 — guaranteed appellate defense counsel in automatic-review cases. | admin |
a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals. |
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65(b)(2)
unchanged
Original text
CASES ELIGIBLE FOR DIRECT APPEAL REVIEW.—
Current text
CASES ELIGIBLE FOR DIRECT APPEAL REVIEW.—
65(b)(2)(A)
amended
Version history
Original text
IN GENERAL.—
If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General shall—
Current text
IN GENERAL.—
If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
All changes since the original (removed / added)
IN GENERAL.—
If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate Generalshall—shall, upon written request of the accused—
If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-13 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | admin | |
IN GENERAL.— If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General |
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65(b)(2)(A)(i)
amended
Version history
Original text
forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals; and
Current text
forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and to represent the accused before the Court of Criminal Appeals; and
All changes since the original (removed / added)
forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused,and to represent the accused before the Court of Criminal Appeals; and
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-13 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | admin | |
forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case |
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65(b)(2)(A)(ii)
amended
Version history
Original text
upon written request of the accused, forward a copy of the record of trial to civilian counsel provided by the accused.
Current text
forward a copy of the record of trial to civilian counsel provided by the accused.
All changes since the original (removed / added)
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-13 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | admin | |
65(b)(2)(B)
amended
Version history
Original text
INAPPLICABILITY.—
Subparagraph (A) shall not apply if the accused—
Current text
INAPPLICABILITY.—
Subparagraph (A) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
All changes since the original (removed / added)
INAPPLICABILITY.—
Subparagraph (A) shall not apply if theaccused—accused waives the right to appeal under section 861 of this title (article 61).
Subparagraph (A) shall not apply if the
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-13 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | Subsec. (b)(2)(B). Pub. L. 118–159, § 563(2)(B), substituted “accused” for “accused—”, struck out cl. (i) designation before “waives”, and struck out cl. (ii) which read as follows: “declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).” | admin |
INAPPLICABILITY.— Subparagraph (A) shall not apply if the |
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65(c)
unchanged
Original text
NOTICE OF RIGHT TO APPEAL.—
Current text
NOTICE OF RIGHT TO APPEAL.—
65(c)(1)
unchanged
Original text
IN GENERAL.—
The Judge Advocate General shall provide notice to the accused of the right to file an appeal under section 866(b)(1) of this title (article 66(b)(1))by means of depositing in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in the official service record of the accused.
Current text
IN GENERAL.—
The Judge Advocate General shall provide notice to the accused of the right to file an appeal under section 866(b)(1) of this title (article 66(b)(1))by means of depositing in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in the official service record of the accused.
65(c)(2)
unchanged
Original text
INAPPLICABILITY UPON WAIVER OF APPEAL.—
Paragraph (1) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
Current text
INAPPLICABILITY UPON WAIVER OF APPEAL.—
Paragraph (1) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
65(d)
unchanged
Original text
REVIEW BY JUDGE ADVOCATE GENERAL.—
Current text
REVIEW BY JUDGE ADVOCATE GENERAL.—
65(d)(1)
unchanged
Original text
BY WHOM.—
A review conducted under this subsection may be conducted by an attorney within the Office of the Judge Advocate General or another attorney designated under regulations prescribed by the Secretary concerned.
Current text
BY WHOM.—
A review conducted under this subsection may be conducted by an attorney within the Office of the Judge Advocate General or another attorney designated under regulations prescribed by the Secretary concerned.
65(d)(2)
unchanged
Original text
REVIEW OF CASES NOT ELIGIBLE FOR DIRECT APPEAL.—
Current text
REVIEW OF CASES NOT ELIGIBLE FOR DIRECT APPEAL.—
65(d)(2)(A)
unchanged
Original text
IN GENERAL.—
A review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of section 866(b) of this title (article 66(b)).
Current text
IN GENERAL.—
A review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of section 866(b) of this title (article 66(b)).
65(d)(2)(B)
unchanged
Original text
SCOPE OF REVIEW.—
A review referred to in subparagraph (A) shall include a written decision providing each of the following:
Current text
SCOPE OF REVIEW.—
A review referred to in subparagraph (A) shall include a written decision providing each of the following:
65(d)(2)(B)(i)
unchanged
Original text
A conclusion as to whether the court had jurisdiction over the accused and the offense.
Current text
A conclusion as to whether the court had jurisdiction over the accused and the offense.
65(d)(2)(B)(ii)
unchanged
Original text
A conclusion as to whether the charge and specification stated an offense.
Current text
A conclusion as to whether the charge and specification stated an offense.
65(d)(2)(B)(iii)
unchanged
Original text
A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
Current text
A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
65(d)(2)(B)(iv)
unchanged
Original text
A response to each allegation of error made in writing by the accused.
Current text
A response to each allegation of error made in writing by the accused.
65(d)(3)
unchanged
Original text
REVIEW WHEN DIRECT APPEAL IS WAIVED, WITHDRAWN, OR NOT FILED.—
Current text
REVIEW WHEN DIRECT APPEAL IS WAIVED, WITHDRAWN, OR NOT FILED.—
65(d)(3)(A)
unchanged
Original text
IN GENERAL.—
A review under subparagraph (B) shall be completed in each general and special court-martial if—
Current text
IN GENERAL.—
A review under subparagraph (B) shall be completed in each general and special court-martial if—
65(d)(3)(A)(i)
unchanged
Original text
the accused waives the right to appeal or withdraws appeal under section 861 of this title (article 61); or
Current text
the accused waives the right to appeal or withdraws appeal under section 861 of this title (article 61); or
65(d)(3)(A)(ii)
unchanged
Original text
the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of section 866(b)(1) of this title (article 66(b)(1)).
Current text
the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of section 866(b)(1) of this title (article 66(b)(1)).
65(d)(3)(B)
unchanged
Original text
SCOPE OF REVIEW.—
A review referred to in subparagraph (A) shall include a written decision limited to providing conclusions on the matters specified in clauses (i), (ii), and (iii) of paragraph (2)(B).
Current text
SCOPE OF REVIEW.—
A review referred to in subparagraph (A) shall include a written decision limited to providing conclusions on the matters specified in clauses (i), (ii), and (iii) of paragraph (2)(B).
65(e)
unchanged
Original text
REMEDY.—
Current text
REMEDY.—
65(e)(1)
unchanged
Original text
IN GENERAL.—
If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the Judge Advocate General, who may set aside the findings or sentence, in whole or in part.
Current text
IN GENERAL.—
If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the Judge Advocate General, who may set aside the findings or sentence, in whole or in part.
65(e)(2)
unchanged
Original text
REHEARING.—
In setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
Current text
REHEARING.—
In setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
65(e)(3)
unchanged
Original text
REMEDY WITHOUT REHEARING.—
Current text
REMEDY WITHOUT REHEARING.—
65(e)(3)(A)
unchanged
Original text
DISMISSAL WHEN NO REHEARING ORDERED.—
If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
Current text
DISMISSAL WHEN NO REHEARING ORDERED.—
If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
65(e)(3)(B)
unchanged
Original text
DISMISSAL WHEN REHEARING IMPRACTICABLE.—
Current text
DISMISSAL WHEN REHEARING IMPRACTICABLE.—
65(e)(3)(B)(i)
unchanged
Original text
IN GENERAL.—
Subject to clause (ii), if the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impracticable, the convening authority shall dismiss the charges.
Current text
IN GENERAL.—
Subject to clause (ii), if the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impracticable, the convening authority shall dismiss the charges.
65(e)(3)(B)(ii)
unchanged
Original text
CASES REFERRED BY SPECIAL TRIAL COUNSEL.—
If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.
Current text
CASES REFERRED BY SPECIAL TRIAL COUNSEL.—
If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.
Provisions removed since the original
65(b)(2)(B)(i)
removed since original
Version history
Original text
Not in the original text — this provision was added later.
Text when removed
No longer in the current text.
waives the right to appeal under section 861 of this title (article 61); or
All changes since the original (removed / added)
waives the right to appeal under section 861 of this title (article 61); or
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-13 | no authority cited | admin | |
waives the right to appeal under section 861 of this title (article 61); or |
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65(b)(2)(B)(ii)
removed since original
Version history
Original text
Not in the original text — this provision was added later.
Text when removed
No longer in the current text.
declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).
All changes since the original (removed / added)
declines in writing the detailing of appellate defense counsel under subparagraph (A)(i).
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-13 | no authority cited | admin | |
declines in writing the detailing of appellate defense counsel under subparagraph (A)(i). |
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“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.