Page:United States Statutes at Large Volume 97.djvu/1439

 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1407 CORRECTION OF RECORDS; DISCHARGE REVIEW SEC. 11. (a) Section 1552 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(f) With respect to records of courts-martial and related adminis- trative records pertaining to court-martial cases tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under subsec- 10 USC 801 et tion (a) may extend only to— "(1) correction of a record to reflect actions taken by review- ing authorities under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)); or "(2) action on the sentence of a court-martial for purposes of clemency.", (b) Section 1553 of such title is amended by adding at the end of 10 USC 1553. subsection (a) the following new sentence: "With respect to a dis- charge or dismissal adjudged by a court-martial case tried or re- viewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency.". EFFECTIVE DATE; CONFORMING AMENDMENT SEC. 12. (a)(1) The amendments made by this Act shall take effect 10 USC 801 note, on the first day of the eighth calendar month that begins after the date of enactment of this Act, except that the amendments made by sections 9, 11 and 13 shall be effective on the date of the enactment of this Act. The amendments made by section 11 shall only apply with respect to cases filed after the date of enactment of this Act with the boards established under sections 1552 and 1553 of title 10, United States Code. (2) The amendments made by section 3(c) and 3(e) do not affect the designation or detail of a military judge or military counsel to a court-martial before the effective date of such amendments. (3) The amendments made by section 4 shall not apply to any case in which charges were referred to trial before the effective date of such amendments, and proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. (4) The amendments made by sections 5, 6, and 7 shall not apply to any case in which the findings and sentence were adjudged by a court-martial before the effective date of such amendments. The proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. (5) The amendments made by section 8 shall not apply to any offense committed before the effective date of such amendments. Nothing in this provision shall be construed to invalidate the pros- ecution of any offense committed before the effective date of such amendments. (b) Section 7(b)(1) of the Military Justice Amendments of 1981 (95 Stat. 1089; 10 U.S.C. 706 note) is amended to read as follows: "(b)(1) The amendments made by section 2 shall apply to each member whose sentence by court-martial is approved on or after January 20, 1982—

�