Page:United States Statutes at Large Volume 62 Part 1.djvu/665

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 625-JUNE 24, 1948 "ART. 48. CONFIRMATION.- In addition to the approval required by article 47, confirmation is required as follows before the sentence of a court-martial may be carried into execution, namely: "a. By the President with respect to any sentence- "(1) of death, or "(2) involving a general officer: Provided, That when the President has already acted as approving authority, no additional confirmation by him is necessary; "b. By the Secretary of the Department of the Army with respect to any sentence not requiring approval or confirmation by the Presi- dent, when The Judge Advocate General does not concur in the action of the Judicial Council; "c. By the Judicial Council, with the concurrence of The Judge Advocate General, with respect to any sentence- "(1) when the confirming action of the Judicial Council is not unanimous, or when by direction of The Judge Advocate General his participation in the confirming action is required, or "(2) involving imprisonment for life, or "(3) involving the dismissal of an officer other than a general officer, or "(4) involving the dismissal or suspension of a cadet; "d. By the Judicial Council with respect to any sentence in a case transmitted to the Judicial Council under the provisions of article 50 for confirming action." SEC. 225. Article 49 is amended to read as follows: "ART. 49, POWERS INCIDENT To POWER To CONFIR. -The power to confirm the sentence of a court-martial shall be held to include- "a. The power to approve, confirm, or disapprove a finding of guilty, and to approve or confirm so much only of a finding of guilty of a particular offense as involves a finding of guilty of a lesser included offense: "b. The power to confirm, disapprove, vacate, commute, or reduce to legal limits the whole or any part of the sentence; "c. The power to restore all rights, privileges, and property affected by any finding or sentence disapproved or vacated; "d. The power to order the sentence to be carried into execution; "e. The power to remand the case for a rehearing under the provi- sions of article 52." SEC. 226. Article 50 is amended to read as follows: "ART. 50. APPELLATE REVIEW. - "a. BOARD OF REVIEW; JUI)CIAL COUNCIL.- The Judge Advocate Gen- eral shall constitute, in his office, a Board of Review composed of not less than three officers of the Judge Advocate General's Department. He shall also constitute, in his office, a Judicial Council composed of three general officers of the Judge Advocate General's Department: Provided, That the Judge Advocate General may, under exigent cir- cumstances, detail as members of the Judicial Council, for periods not in excess of sixty days, officers of the Judge Advocate General's Department of grades below that of general officer. "b. ADDITIONAL BOARDS OF REVIEW AND JUDICIAL COUNCILS. -When- ever necessary, the Judge Advocate General may constitute two or more Boards of Review and Judicial Councils in his office, with equal powers and duties, composed as provided in the first paragraph of this article. "c. BRANCH oFFICEs.- W henever the President deems such action necessary, he may direct The Judge Advocate General to establish a branch office, under an Assistant Judge Advocate General who shall be a general officer of The Judge Advocate General's Department, with any distant command, and to establish in such branch office one or more Boards of Review and Judicial Councils composed as provided 635 41 Stat. 796. 10U. .C.§1519; Supp. I, § 1519 note. Ante, p. 634. Infra. 41 Stat. 797. 10U. .C.§1520. 1 i'o., ..I 8. II Stat. 797. 10U. .C. §1521. Detailof certain offi- cers.

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