Summary of changes

Article 69 — Review by Judge Advocate General

Recent revisions Back to rule

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.

0 amended 0 added 0 removed 28 unchanged
No changes recorded for this Article — its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Changed only
Provisions
69(a) unchanged
Original text
IN GENERAL.—
Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may—
Current text
IN GENERAL.—
Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may—
69(a)(1) unchanged
Original text
with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or
Current text
with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or
69(a)(2) unchanged
Original text
with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).
Current text
with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).
69(b) unchanged
Original text
TIMING.—
Current text
TIMING.—
69(b)(1) unchanged
Original text
To qualify for consideration, an application under subsection (a) must be submitted to the Judge Advocate General not later than—
Current text
To qualify for consideration, an application under subsection (a) must be submitted to the Judge Advocate General not later than—
69(b)(1)(A) unchanged
Original text
for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or
Current text
for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or
69(b)(1)(B) unchanged
Original text
for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c).
Current text
for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c).
69(b)(2) unchanged
Original text
The Judge Advocate General may, for good cause shown, extend the period for submission of an application, except that—
Current text
The Judge Advocate General may, for good cause shown, extend the period for submission of an application, except that—
69(b)(2)(A) unchanged
Original text
in the case of an application for review of a summary court martial, the Judge Advocate may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A); and
Current text
in the case of an application for review of a summary court martial, the Judge Advocate may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A); and
69(b)(2)(B) unchanged
Original text
in case of an application for review of a general or special court-martial, the Judge Advocate may not consider an application submitted more than three years after the end of the applicable period under paragraph (1)(B).
Current text
in case of an application for review of a general or special court-martial, the Judge Advocate may not consider an application submitted more than three years after the end of the applicable period under paragraph (1)(B).
69(c) unchanged
Original text
SCOPE.—
Current text
SCOPE.—
69(c)(1) unchanged
Original text
Current text
69(c)(1)(A) unchanged
Original text
In a case reviewed under section 864 of this title (article 64), the Judge Advocate General may set aside the findings or sentence, in whole or in part, on the grounds of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
Current text
In a case reviewed under section 864 of this title (article 64), the Judge Advocate General may set aside the findings or sentence, in whole or in part, on the grounds of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
69(c)(1)(B) unchanged
Original text
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
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).
69(c)(1)(C) unchanged
Original text
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
If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
69(c)(1)(D) unchanged
Original text
Current text
69(c)(1)(D)(i) unchanged
Original text
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
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.
69(c)(1)(D)(ii) unchanged
Original text
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
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.
69(c)(2) unchanged
Original text
In a case reviewed under section 865(b) of this title (article 65(b)), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was invalid under the law. If the Judge Advocate General determines that the waiver or withdrawal of an appeal was invalid, the Judge Advocate General shall send the case to the Court of Criminal Appeals.
Current text
In a case reviewed under section 865(b) of this title (article 65(b)), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was invalid under the law. If the Judge Advocate General determines that the waiver or withdrawal of an appeal was invalid, the Judge Advocate General shall send the case to the Court of Criminal Appeals.
69(d) unchanged
Original text
COURT OF CRIMINAL APPEALS.—
Current text
COURT OF CRIMINAL APPEALS.—
69(d)(1) unchanged
Original text
A Court of Criminal Appeals may review the action taken by the Judge Advocate General under subsection (c)(1) in a case submitted to the Court of Criminal Appeals by the accused in an application for review.
Current text
A Court of Criminal Appeals may review the action taken by the Judge Advocate General under subsection (c)(1) in a case submitted to the Court of Criminal Appeals by the accused in an application for review.
69(d)(2) unchanged
Original text
The Court of Criminal Appeals may grant an application under paragraph (1) only if—
Current text
The Court of Criminal Appeals may grant an application under paragraph (1) only if—
69(d)(2)(A) unchanged
Original text
the application demonstrates a substantial basis for concluding that the action on review under subsection (c) constituted prejudicial error; and
Current text
the application demonstrates a substantial basis for concluding that the action on review under subsection (c) constituted prejudicial error; and
69(d)(2)(B) unchanged
Original text
the application is filed not later than the earlier of—
Current text
the application is filed not later than the earlier of—
69(d)(2)(B)(i) unchanged
Original text
60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or
Current text
60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or
69(d)(2)(B)(ii) unchanged
Original text
60 days after the date on which a copy of the decision of the Judge Advocate General is deposited 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 his official service record.
Current text
60 days after the date on which a copy of the decision of the Judge Advocate General is deposited 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 his official service record.
69(d)(3) unchanged
Original text
The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal Appeals for purposes of section 870(c)(1) of this title (article 70(c)(1)).
Current text
The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal Appeals for purposes of section 870(c)(1) of this title (article 70(c)(1)).
69(e) unchanged
Original text
ACTION ONLY ON MATTERS OF LAW.—
Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court of Criminal Appeals under subsection (d), the Court may take action only with respect to matters of law.
Current text
ACTION ONLY ON MATTERS OF LAW.—
Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court of Criminal Appeals under subsection (d), the Court may take action only with respect to matters of law.

“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.