U.S. Code
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Title 10
» Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER IX— POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
10 U.S.C. § 874
Art. 74. Remission and suspension
(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.(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.)In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
Editorial NotesAmendments2001—Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”.
2000—Subsec. (a). Pub. L. 106–398 inserted at end “However, in the case of a sentence of confinement for life without eligibility for parole, 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.”
Statutory Notes and Related SubsidiariesEffective Date of 2000 AmendmentPub. L. 106–398, § 1 [[div. A], title V, § 553(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: “The amendment made by subsection (a) [amending this section] shall not apply with respect to a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [Oct. 30, 2000].”
Notes of Decisions
United States v. Humphries, 71 M.J. 209 (C.A.A.F. 2012).
· cites it 2× “§ 871 (b) (2006); (4) The Secretary, and when designated by him, the Under or Assistant Secretary, the Judge Advocate General or commanding officer; Article 74(a), UCMJ, 10 U.S.C. § 874 (a) (2006). Congress did not grant either military judges or CCAs authority to suspend a…”
Denedo v. United States, 66 M.J. 114 (C.A.A.F. 2008).
· cites it 2× “Likewise, a motion for a new trial is not a remedy if the request for extraordinary relief is based on developments occurring after the two-year deadline in Article 74, UCMJ, 10 U.S.C. § 874 (2000). In view of the potential for collateral review by courts outside the military…”
Loving v. United States, 68 M.J. 1 (C.A.A.F. 2009).
· cites it 2× “§ 873 (2006); action taken by a service secretary under Article 74, UCMJ, 10 U.S.C. § 874 (2006); and presidential approval or commutation of the capital sentence under Article 71(a), UCMJ.”
United States v. Healy, 26 M.J. 394 (1988).
“4 Article 71 of the Uniform Code, 10 USC § 871 , deals with commutation, remission, and suspension of any portion of a sentence; Article 74, UCMJ, 10 USC § 874 , deals with remission or suspension of the unexecuted parts of a sentence; and Article 74(b) empowers the Secretary of…”
Lewis v. United States, 99 Fed. Cl. 772 (Fed. Cl. 2011).
· cites it 5× “The April 18, 2011 First Amended Complaint alleges that Plaintiff discovered for the first time that he had been discharged under 10 U.S.C. § 874 (b) 8 in 2006, when he became aware of the United States District Court for the District of Columbia’s decision.”
United States v. Kreutzer, 70 M.J. 444 (C.A.A.F. 2012).
· cites it 2× “As such, relief in the form of sentencing credit under Article 13, UCMJ, is appropriate for this type of violation.”
United States v. Hutchins, 72 M.J. 294 (C.A.A.F. 2013).
“Article 74, UCMJ, 10 U.S.C. § 874 (2006). 12 Moreover, in the context of Appellant’s case, the Secretary not only retained general authority over clemency, but specifically reserved the opportunity to make the decision himself through regulatory exception.”
United States v. Olinger, 45 M.J. 644 (N.M.C.C.A. 1997).
· cites it 3× “That listing includes 10 U.S.C. § 874 (a), which is Article 74(a), UCMJ, and 10 U.”
United States v. Gilbreath, 57 M.J. 57 (C.A.A.F. 2002).
“I respectfully ask you to disapprove the bad conduct discharge or recommend that the Secretary of the Air Force’s designee substitute an administrative discharge for the punitive one in accordance with Article 74(b), UCMJ, 10 USC § 874 (b). Appellant in her clemency statement…”
United States v. Mills, 12 M.J. 1 (1981).
“See Article 74, UCMJ, 10 U.S.C. § 874 . Agreements, so structured, 1 circumvent direct appellate review of the government’s compliance with its promises after performance by an accused.”
United States v. Pflueger, 65 M.J. 127 (C.A.A.F. 2007).
“Article 74, UCMJ, 10 U.S.C. § 874 (2000). When the convening authority suspends execution of all or part of the sentence, successful completion of a period of suspension results in automatic remission of the suspended portion of the sentence.”
Parrish v. Seamans, 343 F. Supp. 1087 (D.S.C. 1972).
· cites it 2× “§ 1552 , plaintiff’s records were corrected to show that on October 26, 1956, he was administratively discharged pursuant to 10 U.S.C.A. § 874 (b) with an honorable discharge certificate.”
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