Page:United States Statutes at Large Volume 82.djvu/1384

 1342

70A Stat. 60.

PUBLIC LAW 90-632-OCT. 24, 1968

[82 STAT.

the court will serve and which military judge assigned to the court will act as the senior judge on each panel.''; (C) by striking out "board of review" each time it appears in subsections (b), (c), (d), and (e) and inserting in lieu thereof "'Court of Military Review"; (I>) by striking out "boards of review" each time it appears in subsection (f) and inserting in lieu thereof "Courts of Military Review"; and (E) by adding at the end thereof the following new subsections: " (g) No member of a Court of Military Review shall be required, or on his own initiative be permitted, to prepare, approve, disapprove, review, or submit, with respect to any other member of the same or another Court of Military Review, an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the armed forces, or in determining whether a member of the armed forces should be retained on active duty. " (h) No member of a Court of Military Review shall be eligible to review the record of any trial if such member served as investigating officer in the case or served as a member of the court-martial before which such trial was conducted, or served as military judge, trial or defense counsel, or reviewing officer of such trial.". (28) Subsectious (b) and (f) of section 867 (article 67) are amended by striking out "board of review" each time it appears and inserting in lieu thereof "Court of Military Review". (29) Section 868 (article 68) is amended to read as follows: "§ 868. Art. 68. B r a n c h offices "The Secretary concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the Judge Advocate General, may establish a Court of Military Review with one or more panels. That Assistant Judge Advocate General and any Court of Military Review established by him may perfoim for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Military Review established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President." (30) Section 869 (article 69) is amended by adding the following new sentence at the end thereof: "Notwithstanding section 876 of this title (article 76), the findings or sentence, or both, in a court-martial case which has been finally reviewed, but has not been reviewed by a Court of Military Review may be vacated or modified, in whole or in part, by the Judge Advocate General on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, or error prejudicial to the substantial rights of the accused." (31) Subsections (b), (c), and (d) of section 870 (article 70) are amended by striking out "board of review" each time it appears and inserting in lieu thereof "Court of Military Review". (32) Section 871 (article 71) is amended— (A) by striking out "ooard of review" in subsection (c) and inserting in lieu thereof "Court of Military Review"; and (B) by inserting "or deferred" in the first sentence of subsection (d) immediately after "suspended". (33) Section 873 (article 73) is amended to read as follows:

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