In subsection (a), the word “Each” is substituted for the words “The * * * of each of the armed forces”. The word “must” is substituted for the word “shall” after the word “whom”, since a condition is prescribed, not a command. The words “of the United States” are omitted as surplusage.

In subsections (a) and (b), the word “commissioned” is inserted before the word “officer”.

In subsection (c), the word “may” is substituted for the word “shall” and for the words “shall have authority to”.

In subsection (e), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

In subsection (f), the words “of the armed forces” and “proceedings in and before” are omitted as surplusage.

Section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (e)(1)(B), (C), is section 539E(e) of Pub. L. 117–81, which is set out as a note under section 856 of this title.

2022—Subsec. (b)(1). Pub. L. 117–263, § 544(b)(1), substituted “shall have jurisdiction over—” and subpars. (A) and (B) for “shall have jurisdiction over a timely appeal from the judgment of a court-martial, entered into the record under section 860c of this title (article 60c), as follows:

“(A) On appeal by the accused in a case in which the sentence extends to confinement for more than six months and the case is not subject to automatic review under paragraph (3).

“(B) On appeal by the accused in a case in which the Government previously filed an appeal under section 862 of this title (article 62).

“(C) On appeal by the accused in a case that the Judge Advocate General has sent to the Court of Criminal Appeals for review of the sentence under section 856(d) of this title (article 56(d)).

“(D) In a case in which the accused filed an application for review with the Court under section 869(d)(1)(B) of this title (article 69(d)(1)(B)) and the application has been granted by the Court.”

Subsec. (c). Pub. L. 117–263, § 544(b)(2), substituted “is timely if—” and pars. (1) and (2) for “is timely if it is filed as follows:

“(1) In the case of an appeal by the accused under subsection (b)(1)(A) or (b)(1)(B), if filed before the later of—

“(A) the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); or

“(B) the date set by the Court of Criminal Appeals by rule or order.

“(2) In the case of an appeal by the accused under subsection (b)(1)(C), if filed before the later of—

“(A) the end of the 90-day period beginning on the date the accused is notified that the application for review has been granted by letter placed in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record; or

“(B) the date set by the Court of Criminal Appeals by rule or order.”

2021—Subsec. (a). Pub. L. 116–283, § 542(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (d)(1). Pub. L. 116–283, § 542(b), amended par. (1) generally. Prior to amendment, text read as follows: “In any case before the Court of Criminal Appeals under subsection (b), the Court may act only with respect to the findings and sentence as entered into the record under section 860c of this title (article 60c). The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the Court may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.”

Subsec. (d)(1)(A). Pub. L. 117–81, § 539E(d)(1), struck out at end “The Court may affirm only the sentence, or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved.”

Subsec. (e). Pub. L. 117–81, § 539E(d)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) provided that, in considering sentence on appeal or review, Court of Criminal Appeals may consider whether the sentence violates the law and whether the sentence is plainly unreasonable and detailed what should be included in record on appeal or review.

Subsec. (f)(1)(C). Pub. L. 117–81, § 539A(b), substituted “Impracticable” for “impracticable” in subpar. heading, designated existing provisions as cl. (i), inserted cl. (i) heading, substituted “Subject to clause (ii), if the Court of Criminal Appeals” for “If the Court of Criminal Appeals”, and added cl. (ii).

2017—Subsec. (e)(2)(C). Pub. L. 115–91, § 531(j)(1), inserted “by regulation prescribed by the President or” after “required”.

Subsec. (f)(3). Pub. L. 115–91, §§ 531(j)(2)(A) and 1081(c)(1)(K), amended par. (3) identically, substituting “If the Court of Criminal Appeals” for “If the Court”.

Pub. L. 115–91, § 531(j)(2)(B), inserted at end “If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces.”

2016—Pub. L. 114–328, § 5330(d), substituted “Courts of Criminal Appeals” for “Review by Court of Criminal Appeals” in section catchline.

Subsec. (a). Pub. L. 114–328, § 5330(e)(1), inserted heading.

Pub. L. 114–328, § 5330(a), substituted “subsection (h)” for “subsection (f)”, inserted “and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge” after “highest court of a State”, and inserted at end “In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.”

Subsecs. (b) to (f). Pub. L. 114–328, § 5330(b)(2), added subsecs. (b) to (f) and struck out former subsecs. (b) to (d) which related to referral of records in certain cases to a Court of Criminal Appeals, criteria by which a Court of Criminal Appeals may act in a referred case, and possible outcomes if a Court of Criminal Appeals sets aside the findings and sentence. Former subsecs. (e) and (f) redesignated (g) and (h), respectively.

Subsec. (g). Pub. L. 114–328, § 5330(b)(1), (c), (e)(2), redesignated subsec. (e) as (g), inserted heading, substituted “appropriate authority” for “convening authority”, and struck out last sentence which read as follows: “If the Court of Criminal Appeals has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.”

Subsecs. (h) to (j). Pub. L. 114–328, § 5330(b)(1), (e)(3)–(5), redesignated subsecs. (f) to (h) as (h) to (j), respectively, and inserted headings.

1996—Subsec. (f). Pub. L. 104–106 substituted “Courts of Criminal Appeals” for “Courts of Military Review” in two places.

1994—Pub. L. 103–337, § 924(c)(4)(A), substituted “Court of Criminal Appeals” for “Court of Military Review” in section catchline.

Pub. L. 103–337, § 924(b)(2), substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing.

Pub. L. 103–337, § 924(c)(1), substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in subsec. (e).

1983—Subsec. (a). Pub. L. 98–209, § 7(b), inserted provision that any decision of a panel may be reconsidered by the court sitting as a whole in accordance with the rules.

Subsec. (b). Pub. L. 98–209, § 7(c), amended subsec. (b) generally, designating existing provisions as par. (1), struck out provision extending applicability of provisions to sentences affecting a general or flag officer, and added par. (2).

Subsec. (e). Pub. L. 98–209, § 10(c)(1), substituted “the Court of Military Appeals, or the Supreme Court” for “or the Court of Military Appeals”.

1968—Subsec. (a). Pub. L. 90–632, § 2(27)(A), (B), substituted “Court of Military Review” for “board of review” in section catchline and, in subsec. (a), substituted “Court of Military Review” for “board of review” as name of reviewing body established by each Judge Advocate General, and inserted provisions setting out procedures for such Courts of Military Review, their composition and functions.

Subsecs. (b) to (e). Pub. L. 90–632, § 2(27)(C), substituted “Court of Military Review” for “board of review” wherever appearing.

Subsec. (f). Pub. L. 90–632, § 2(27)(D), substituted “Courts of Military Review” for “boards of review” in two places.

Subsecs. (g), (h). Pub. L. 90–632, § 2(27)(E), added subsecs. (g) and (h).

Pub. L. 103–337, div. A, title IX, § 924(b)(1), Oct. 5, 1994, 108 Stat. 2831, provided that: “Each Court of Military Review shall hereafter be known and designated as a Court of Criminal Appeals.”

Amendment by Pub. L. 117–263 not applicable to any matter that was submitted before Dec. 23, 2022, to a Court of Criminal Appeals established under this section, see section 544(d)(1) of Pub. L. 117–263, set out as a note under section 861 of this title.

Amendment by section 539A(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

Amendment by section 539E(d) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.

Pub. L. 116–283, div. A, title V, § 542(e), Jan. 1, 2021, 134 Stat. 3612, provided that:

Amendment by section 531(j) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

Amendment by section 1081(c)(1)(K) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but amendments by section 7(b), (c) of Pub. L. 98–209 not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.

Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

Pub. L. 90–632, § 3(b), Oct. 24, 1968, 82 Stat. 1343, provided that: “Whenever the term board of review is used, with reference to or in connection with the appellate review of courts-martial cases, in any provision of Federal law (other than provisions amended by this Act) [see Short Title of 1968 Amendment note under section 801 of this title] or in any regulation, document, or record of the United States, such term shall be deemed to mean Court of Military Review [now Court of Criminal Appeals].”