Art 67. Review by the Court of Military Appeals

§ 867. Art 67. Review by the Court of Military Appeals (a) (1) There is a Court of Military Appeals, located for administrative purposes in the Department of Defense. The Court of Military Appeals consists of three judges appointed from civil life by the President, by and with the advice and consent of the Senate, for a term of fifteen years. Not more than two of the judges of that court may be appointed from the same political party, nor is any person eligible for appointment to the court who is not a member of the bar of a Federal court or of the highest court of a State. Each judge is entitled to a salary of $25,500 a year and is eligible for reappointment. The President shall designate from time to time one of the judges to act as Chief Judge. The Court of Military Appeals may prescribe its own rules of procedure and determine the number of judges required to constitute a quorum. A vacancy in the court does not impair the right of the remaining judges to exercise the powers of the court. Upon his certificate, each judge is entitled to be paid by the Secretary of Defense (1) all necessary traveling expenses, and (2) his reasonable maintenance expenses, but not more than $15 a day, incurred while attending court or transacting official business outside the District of Columbia. (2) The terms of office of the three judges first taking office after February 28, 1951, expire, as designated by the President at the time of nomination, one on May 1, 1956, one on May 1, 1961, and one on May 1, 1966. The terms of office of all successors expire 15 years after the expiration of the terms for which their predecessors were appointed, but any judge appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed may be appointed only for the unexpired term of his predecessor. (3) Judges of the Court of Military Appeals may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, or for mental or physical disability, but for no other cause. (4) If a Judge of the Court of Military Appeals is temporarily unable to perform his duties because of illness or other disability, the President may designate a judge of a United States Court of Appeals to fill the office for the period of disability. (b) The Court of Military Appeals shall review the record in— (1) all cases in which the sentence, as affirmed by a board of review, affects a general or flag officer or extends to death; (2) all cases reviewed by a board of review which the Judge Advocate General orders sent to the Court of Military Appeals for review; and (3) all cases reviewed by a board of review in which, upon petition of the accused and on good cause shown, the Court of Military Appeals has granted a review. (c) The accused has 30 days from the time when he is notified of the decision of a board of review to petition the Court of Military Appeals for review. The court shall act upon such a petition within 30 days of the receipt thereof. 61 (d) In any case reviewed by it, the Court of Military Appeals may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the board of review. In a case which the Judge Advocate General orders sent to the Court of Military Appeals, that action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The Court of Military Appeals shall take action only with respect to matters of law. (e) If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed. (f) After it has acted on a case, the Court of Military Appeals may direct the Judge Advocate General to return the record to the board of review for further review in accordance with the decision of the court. Otherwise, unless there is to be further action by the President or the Secretary concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges. (g) The Court of Military Appeals and the Judge Advocates General shall meet annually to make a comprehensive survey of the operation of this chapter and report to the Committees on Armed Services of the Senate and of the House of Representatives and to the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Treasury, the number and status of pending cases and any recommendations relating to uniformity of policies as to sentences, amendments to this chapter, and any other matters considered appropriate.