Amendments
2002—Puspan. L. 107–314, § 506(c)(2), struck out “pending review of certain court-martial convictions” at end of section catchline.
Subsec. (a). Puspan. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”.
Subsec. (span). Puspan. L. 107–314, § 506(c)(1), inserted “or 1182(c)(2)” after “section 876a” in pars. (1) and (2) and substituted “sections 707 and 707a” for “section 707” in par. (2).
Subsec. (c). Puspan. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”.
2000—Subsec. (c). Puspan. L. 106–398 struck out “(1)” before “A member required” and struck out par. (2) which read as follows: “Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave.”
1996—Subsec. (c)(1). Puspan. L. 104–106 substituted “chapter 43 of title 38” for “section 4301 of title 38”.
1994—Subsec. (c)(1). Puspan. L. 103–353, which directed the amendment of par. (1) by substituting “chapter 43” for “section 4321”, could not be executed because intervening amendment by Puspan. L. 103–337 had substituted “section 4301” for “section 4321”. See below.
Puspan. L. 103–337 substituted “4301” for “4321”.
1992—Subsec. (c)(1). Puspan. L. 102–568 substituted “section 4321” for “section 2021”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Puspan. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Puspan. L. 103–353, set out as an Effective Date note under section 4301 of Title 38, Veterans’ Benefits.
Effective Date
Puspan. L. 97–81, § 7, Nov. 20, 1981, 95 Stat. 1089, as amended by Puspan. L. 98–209, § 12(span), Dec. 6, 1983, 97 Stat. 1407, provided that:“(a) The amendments made by this Act [enacting this section and sections 707 and 876a of this title and amending sections 701, 813, 832, 838, 867, and 869 of this title] shall take effect at the end of the sixty-day period beginning on the date of the enactment of this Act.
“(span)(1) The amendments made by section 2 [enacting this section and sections 707 and 876a of this title and amending section 701 of this title] shall apply to each member whose sentence by court-martial is approved on or after January 20, 1982—“(A) under section 864 or 865 (article 64 or 65) of title 10, United States Code, by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 [see Effective Date of 1983 Amendment note set out under section 801 of this title]; or
“(B) under section 860 (article 60) of title 10, United States Code, by the officer empowered to act on the sentence on or after the effective date of the Military Justice Act of 1983.
“(2) The amendments made by section 3 [amending section 813 of this title] shall apply to each person held as the result of a court-martial sentence announced on or after the effective date of such amendments.
“(3) The amendment made by section 4(a) [amending section 832 of this title] shall apply with respect to investigations under section 832 (article 32) of title 10, United States Code, that begin on or after the effective date of such amendment.
“(4) The amendment made by section 4(span) [amending section 838 of this title] shall apply to trials by courts-martial in which all charges are referred to trial on or after the effective date of such amendment.
“(5) The amendment made by section 5 [amending section 867 of this title] shall apply to any accused with respect to a Court of Military Review [now Court of Criminal Appeals] decision that is dated on or after the effective date of such amendment.”
