Page:United States Statutes at Large Volume 97.djvu/1433

 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1401 "(A) in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if the sentence adjudged does not include a discharge) any other punishment which exceeds that which may otherwise be ad- judged by a special court-martial; and "(B) in each special court-martial case in which the sentence adjudged includes a bad-conduct discharge. "(2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the President.". (d)(1) Section 865 (article 65) is amended to read as follows: 10 USC 865. "§ 865. Art. 65. Disposition of records "(a) In a case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)) in which the right to such Post, p. 1402. review is not waived, or an appeal is not withdrawn, under section 861 of this title (article 61), the record of trial and action thereon Ante, p. 1397. shall be transmitted to the Judge Advocate General for appropriate action. "(b) Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "865. 65. Disposition of records.". REVIEW OF COURTS-MARTIAL AND RELATED MATTERS SEC. 7. (a)(1) Section 864 (article 64) is amended to read as follows: 10 USC 864. "§ 864. Art. 64. Review by a judge advocate "(a) Each case in which there has been a finding of guilty that is not reviewed under section 866 or 869(a) of this title (article 66 or 69(a)) shall be reviewed by a judge advocate under regulations of the Post, p. 1402. Secretary concerned. A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following: "(1) Conclusions as to whether— "(A) the court had jurisdiction over the accused and the offense; "(B) the charge and specification stated an offense; and "(C) the sentence was within the limits prescribed as a matter of law. "(2) A response to each allegation of error made in writing by the accused. "(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. "(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the

�