Page:United States Statutes at Large Volume 62 Part 1.djvu/669

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 625-JUNE 24, 1948 be based upon a finding of guilty of an offense not considered upon the merits in the original proceeding." SEC. 230. Article 53 is amended to read as follows: "ART. 53. PETITION FOR NEW TRIAL. -Under such regulations as the President may prescribe, the Judge Advocate General is authorized, upon application of an accused person, and upon good cause shown, in his discretion to grant a new trial, or to vacate a sentence, restore rights, privileges, and property affected by such sentence, and substi- tute for a dismissal, dishonorable discharge, or bad conduct discharge previously executed a form of discharge authorized for administrative issuance, in any court-martial case in which application is made within one year after final disposition of the case upon initial appellate review: Provided, That with regard to cases involving offenses com- mitted during World War II, the application for a new trial may be made within one year after termination of the war, or after its final disposition upon initial appellate review as herein provided, which- ever is the later: Provided, That only one such application for a new trial may be entertained with regard to any one case: And provided further, That all action by the Judge Advocate General pursuant to this article, and all proceedings, findings, and sentences on new trials under this article, as approved, reviewed, or confirmed under articles 47, 48, 49, and 50, and all dismissals and discharges carried into execu- tion pursuant to sentences adjudged on new trials and approved, reviewed, or confirmed, shall be final and conclusive and orders pub- lishing the action of the Judge Advocate General or the proceedings on new trial and all action taken pursuant to such proceedings, shall be binding upon all departments, courts, agencies, and officers of the United States." SEC. 231. Article 70 is amended to read as follows: "ART. 70. CHARGES; ACTION UPON, UNNECESSARY DELAY.- When any person subject to military law is placed in arrest or confinement immediate steps will be taken to try the person accused or to dismiss the charge and release him. Any officer who is responsible for unnec- essary delay in investigating or carrying the case to a final conclusion shall be punished as a court-martial may direct." SEC. 232. Article 85 is amended to read as follows: "ART. 85. DRUNK ON DUT.r -Any person subject to military law, who is found drunk on duty, shall be punished as a court-martial may direct." SEC. 233. Article 88 is amended to read as follows: "ART. 88 . UNLAWFULLY INFLUENCING ACTION OF COURT. - No authority appointing a general, special, or summary court-martial nor any other commanding officer, shall censure, reprimand, or admonish such court, or any member thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise, by such court or any member thereof, of its or his judicial responsi- bility. No person subject to military law shall attempt to coerce or unlawfully influence the action of a court-martial or any military court or commission, or any member thereof, in reaching the findings or sentence in any case, or the action of an appointing or reviewing or confirming authority with respect to his judicial acts." SEC. 234. Article 89 is amended to read as follows: "Arr. 89 . GOOD ORDER To BE MAINTAINED AND WRONGS REDRESSED. - All persons subject to military law are to behave themselves orderly in quarters, garrison, camp, and on the march; and any person subject to military law who commits any waste or spoil, or wrongfully destroys any property whatsoever or commits any kind of depredation or riot, shall be punished as a court-martial may direct. Any commanding officer who, upon complaint made to him refuses or omits to see repara- tion made to the party injured, insofar as the offender's pay shall go 639 41 Stat. 800. 10 U. S.C. 1525. Offenses committed during World War II. Finality of action. Ante, pp. 634, 635. 41 Stat. 802. 10 U.S. C. 1542. 41 Stat. 804. 10 U. S. C. 1557. 41 Stat. 805 . 10U. .C. 1560 41 Stat. 805. 10U. S .C. I15I. Failure of com- manding officer toact.

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