Military Justice Amendments of 1979

Military Justice Amendments of 1979 - Revises certain procedures in the military judicial system, including procedures concerning court records and the review of court-martial proceedings.

Includes a law specialist of the Coast Guard within the definition of "judge advocate" for purposes of the Uniform Code of Military Justice. Defines "record" as a written, filmed, or videotaped account of a court proceeding.

Allows the accused person in a general court-martial proceeding to request orally, on the record, that the court consist of only a military judge.

Eliminates the requirement of making a complete record of a special court-martial proceeding in order to adjudge a bad-conduct discharge.

Requires the convening authority, before directing the trial of any charge by a general court-martial, to be advised by the staff judge advocate that a court-martial has jurisdiction of the accused and the offense. Directs the staff advocate general to submit certain advice to the convening authority in written form.

Requires the dismissal of the military counsel detailed to represent the accused in a special court-martial if the accused is represented by a military counsel of his or her choosing. Authorizes the convening authority to detail lawyers as assistant defense counsel for the accused.

Directs the defense counsel in every court-martial proceeding in which the accused is found guilty to: (1) advise the accused concerning his or her rights to appeal and to petition for clemency; and (2) assist the accused in submitting such petition and in obtaining appellate representation. Directs the court-martial to advise such person of appeals procedures.

Specifies conditions under which a complete record of court- martial proceedings is required to be prepared.

Requires that the convening authority be notified of the findings and sentence of a court-martial promptly after announcement of the sentence. Authorizes the authority to approve, disapprove, or reduce the sentence after considering a petition for clemency, if one is filed. Authorizes the accused to petition the authority for clemency and to submit any matters supporting that petition.

Requires any accused whose case is subject to review to file a notice of appeal or a waiver of the right to appeal within ten days after action on his or her sentence. Bars any case from review by the Court of Military Review or the Office of the Judge Advocate General if a notice of appeal is not timely filed. Directs the accused seeking an appeal to identify which issues he or she intends to appeal and the errors alleged to have prejudiced his or her rights.

Requires that a judge advocate: (1) review all cases not subject to appeal or not appealed; and (2) respond in writing to any allegation of error made by the accused. Directs the judge advocate, upon determining that corrective action regarding a case is required by law, to recommend such action to the officer exercising court-martial jurisdiction over the accused. Authorizes such officer to: (1) disapprove or approve all or part of the sentence; (2) reduce the sentence; (3) order a rehearing; or (4) dismiss the charges. Requires that the record of the trial and the action thereon be sent to the Judge Advocate General for review if the officer does not take the recommended action.

Directs the convening authority to send to the Judge Advocate General (Judge) the records of all cases subject to appeal and appealed.

Repeals the provisions requiring that any case in which the sentence affects a general or flag officer must be referred to a Court of Military Review and the Court of Military Appeals.

Authorizes the Judge to modify or set aside the findings or sentence of a trial by general court-martial: (1) if any part of the findings or sentence is found to be unsupported by law; (2) if clemency is appropriate; or (3) on the grounds of newly discovered evidence, court fraud, or error prejudicial to the accused rights if an application for such modification or set aside is received within two years of sentencing. Authorizes the Judge to order a rehearing after setting aside the findings or sentence of a case.

Prohibits the execution of a dishonorable or bad conduct discharge within 40 days of sentencing for a case which is not appealed.