Page:United States Statutes at Large Volume 82.djvu/1383

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[82 STAT. 1341]
[82 STAT. 1341]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-632-OCT. 24, 1968

jiiitlienticated by the signature of the military judge. If the record cannot be authenticated by the military judge by rea.son of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. I n a courtmartial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the President." (24) Section 857 (article 57) is amended by inserting the words "or deferred"' after "suspended" in subsections (a) and (b); and by adding at the end thereof a new subsection as follows: " (d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned." (25) The table of sections at the beginning of subchapter IX is amended by striking out '•S66. 66. Review by board of review."

and inserting in lieu thereof the following: '•866. 66. Review by Court of Military Review.".

(26) Section 865(b) is amended by striking out "board of review" each time it appears therein and inserting in lieu thereof "Court of Military Review". (27) Section 866 (article 66) is amended— (A) by striking out the catchline and inserting in lieu thereof the following: "§ 866. Art. 66. Review by Court of Military Review'*; (B) by amending subsection (a) to read as follows: " (a) Each Judge Advocate General shall establish a Court of Military Review which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (f). Appellate military judges who are assigned to a Court of Military Review may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Military Review established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to

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lo use 859876.