U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 48— MILITARY CORRECTIONAL FACILITIES

10 U.S.C. § 952

Parole

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(a) The Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities and who were at the time of commission of their offenses subject to the authority of that Secretary.(b) In a case in which parole for an offender serving a sentence of confinement for life is denied, only the President or the Secretary concerned may grant the offender parole on appeal of that denial. The authority to grant parole on appeal in such a case may not be delegated.(Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 105–85, div. A, title V, § 582(a), Nov. 18, 1997, 111 Stat. 1760.)Editorial NotesAmendments

1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1997 Amendment

Pub. L. 105–85, div. A, title V, § 582(b), Nov. 18, 1997, 111 Stat. 1760, provided that: “Subsection (b) of section 952 of title 10, United States Code (as added by subsection (a)), shall apply only with respect to any decision to deny parole made after the date of the enactment of this Act [Nov. 18, 1997].”

Notes of Decisions
Cited in 22 cases (5 in the last 5 years), 1973–2026 · leading case: United States v. Pena, 61 M.J. 776 (A.F.C.C.A. 2005).
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United States v. Pena, 61 M.J. 776 (A.F.C.C.A. 2005). · cites it 6× “10 U.S.C. § 952 . And, each Secretary must establish a system for the remission or suspension of the unexe-cuted part of the sentences of selected offenders.”
United States v. Wallace, 58 M.J. 759 (N.M.C.C.A. 2003). · cites it 5× “Through Title 10 U.S.C. § 952 Congress delegated to the service Secretaries the authority to establish a parole system for military personnel confined in military correctional facilities.”
United States v. Thomas, 60 M.J. 521 (N.M.C.C.A. 2004). · cites it 3× “After Congress authorized each military service Secretary to provide a system of parole for offenders who are confined in military correctional facilities, see 10 U.S.C. §§ 952 and 953, the Secretary of Defense promulgated Department of Defense Instruction (DODINST) 1325.”
Moultrie v. Sec'y of the Army, 723 F. Supp. 2d 1230 (C.D. Cal. 2010). · cites it 3× “Statutory authority for MSR is derived from 10 U.S.C. § 952 , which provides: The Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities and who were at the time of commission of their offenses subject to the…”
King v. Fed. Bureau of Prisons, 406 F. Supp. 36 (E.D. Ill. 1976). · cites it 2× “10 U.S.C. § 952 provides that: “The Secretary [of the Army] may provide a system of parole for offenders who are confined in military correctional facilities .”
United States v. Davidson, 14 M.J. 81 (1982). “10 U.S.C. § 952 ; AFR 125-23 (1976). See generally AR 190-47 (1978).”
Huschak v. Gray, 642 F. Supp. 2d 1268 (D. Kan. 2009). “Respondent argues that the military is statutorily authorized to provide a system of parole under 10 U.S.C. § 952 and that the MSR program is simply a type of parole system.”
United States v. Tate, 64 M.J. 269 (C.A.A.F. 2007). “The service secretaries administer parole under 10 U.S.C. § 952 (2000) (“Parole”). The Navy implements these provisions in various issuances, including Dep’t of the Navy, Secretary of the Navy Instr.”
Banks v. United States, 431 F. App'x 755 (10th Cir. 2011). “See 10 U.S.C. § 952 (a); R.O.A. at 125 (Department of Defense Instruction 1325.”
Gonzales v. Commandant, United States Disciplinary Barracks, 949 F. Supp. 2d 688 (E.D. Ky. 2013). · cites it 3× “Further, statutory authority for the MSR program is provided in 10 U.S.C. § 952 , which provides that “[t]he Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities and who were at the time of commission of their…”
United States v. Smith, 44 M.J. 720 (A.C.C.A. 1996). “Department of Defense Directive 1325.4, Confinement of Military Prisoners and Administration of Military Correctional Programs and Facilities (May 19, 1988) [hereinafter DOD Dir.”
Maurice Schick v. George J. Reed, Chairman of the United States Bd. of Parole, 483 F.2d 1266 (D.C. Cir. 1973). “If the prisoner is confined in the United States Disciplinary Barracks, his parole opportunities are governed by the parole authority granted the Secretary of the Army, see 10 U.S.C. §§ 952 , 953 (1970), and the regulations promulgated pursuant thereto, and he becomes eligible…”
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