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10 U.S.C. § 874Art. 74. Remission and suspension

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 143 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary concerned may remit or suspend unexecuted court-martial punishment and may replace certain discharges for good cause, subject to special limits for life sentences without parole.

(a) The Secretary concerned, and designated senior officials or commanding officers, may remit or suspend any part of the unexecuted sentence, including uncollected forfeitures, except a sentence approved by the President. For a life-without-parole sentence for an offense after October 29, 2000, once ordered executed, the Secretary's authority cannot be delegated and can be used only after at least 20 years of confinement. (b) For good cause, the Secretary concerned may replace a discharge or dismissal carried out under a court-martial sentence with an administratively issued discharge.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.

(b)

The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1223

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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