10 U.S.C. § 953

Remission or suspension of sentence; restoration to duty; reenlistment

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For offenders who were at the time of commission of their offenses subject to his authority and who merit such action, the Secretary concerned shall establish—(1) a system for the remission or suspension of the unexecuted part of the sentences of selected offenders;(2) a system for the restoration to duty of such offenders who have had the unexecuted part of their sentences remitted or suspended and who have not been discharged; and(3) a system for the enlistment of such offenders who have had the unexecuted part of their sentences remitted and who have been discharged.(Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287.)
Notes of Decisions
Cited in 7 cases, 1986–2018 · leading case: United States v. Hutchins, 72 M.J. 294 (C.A.A.F. 2013).
United States v. Hutchins, 72 M.J. 294 (C.A.A.F. 2013). · cites it 6× “First, the Secretary of the Navy’s authority to commute, remit, or suspend all or part of a sentence is found in Articles 71 and 74, UCMJ, as well as in 10 U.S.C. § 953 (2006). In the present case, the record is not clear whether the exercise or failure to exercise clemency in…”
United States v. Olinger, 45 M.J. 644 (N.M.C.C.A. 1997). · cites it 3× “§ 874 , or through a Secretarial “system” pursuant to 10 U.S.C. § 953 . It is clear from paragraph 3 of the SECNAVINST that the NCPB is the “system” established by the Secretary of the Navy pursuant to 10 U.”
United States v. Pena, 61 M.J. 776 (A.F.C.C.A. 2005). “10 U.S.C. § 953 . It is apparent from the legislation enacted in 10 U.”
United States v. Kinney, 22 M.J. 872 (1986). “§ 874 as well as under 10 U.S.C. § 953 (1982). See generally, Senate Report No.”
United States v. Cabble, 38 M.J. 654 (1993). “See also 10 U.S.C. § 953 (directs service secretaries to establish, as part of correctional program, a system for suspending sentences); United States v.”
United States v. Hutchins (N.M.C.C.A. 2018). · cites it 2× “74 Clemency is available to service members primarily through three statutory avenues: Article 60, UCMJ; Article 74, UCMJ; and 10 U.S.C. § 953 . Article 60, UCMJ, requires a CA to consider matters an accused submits in clemency before taking action on the findings and sentence…”
United States v. Hutchins (C.A.A.F. 2013). · cites it 3× “First, the Secretary of the Navy’s authority to commute, remit, or suspend all or part of a sentence is found in Articles 71 and 74, UCMJ, as well as in 10 U.S.C. § 953 (2006). In the present case, the record is not clear whether the exercise or failure to exercise clemency in…”
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