Military Justice Act of 1982

Military Justice Act of 1982 - Amends the Uniform Code of Military Justice to require that any person performing the duty of a judge advocate be a member in good standing of the bar of a Federal court or the highest court of a State or territory. Limits to one military judge a general court-martial for specified cases, excluding those in which the death penalty may be adjudged.

Expands the punishment a special court-martial may adjudge to include confinement or forfeiture of pay for up to one year.

Requires the military judge of a general or special court-martial to determine and announce the sentence.

Requires an investigation of any charge or specification before referral to a general court-martial unless the accused waives such investigation.

Requires the staff judge advocate to advise the convening authority of a general court-martial that the charge is an offense under the Code and is warranted by the evidence. Requires that this advice accompany the charge if it is referred to trial.

Permits defense counsel, in the event of a conviction, to assist the accused in submission of matters to the convening authority who is authorized to take action on the basis of the trial record, and to rebut the recommendation of the staff judge advocate.

Permits accused and trial counsel three peremptory challenges (currently, one) to a military judge and members of a general or special court-martial.

Requires U.S. marshals to serve process delivered to them to obtain witnesses and other evidence for courts-martial.

Requires a court-martial to advise an accused found guilty of his right to appeal and applicable requirements.

Requires the preparation of a complete record of proceedings when the sentence approved includes death, discharge, dismissal, or confinement at hard labor for more than one year.

Permits a determining and sentencing military judge to suspend execution of all or part of a sentence up to two years. Remits a sentence upon expiration of the stated time, or death or discharge from the service of the accused.

Permits a convening authority to set aside a finding of guilty and dismiss the charge.

Permits the accused to file a notice of appeal with the convening authority within ten days of receiving notice of the authority's action on the sentence. Permits the convening authority to revoke any action previously taken if warranted by matters identified in the notice of appeal.

Permits the convening authority to direct the United States to appeal any order which terminates the proceedings or excludes evidence which is substantial proof. Requires that such appeals be forwarded to the cognizant Court of Military Review.

Requires a judge advocate to review all non-appealed cases to determine if corrective action is necessary. Permits an officer exercising general court-martial jurisdiction over the accused to change the sentence or order a rehearing.

Applies specified provisions of the Internal Revenue Code relating to retirement and survivor annuities to judges of the Court of Military Appeals. Sets forth other conditions of retirement and retired pay.

Requires applications for review in the Office of the Judge Advocate General to be made within a specified time.

Prohibits the execution of a sentence which imposes a dishonorable or bad conduct discharge for 40 days or until an appeal, if filed, is affirmed by a Court of Military Review.

Makes the manufacture of, traffic in, or use of opiates or controlled substances a crime punishable by court-martial. Sets forth penalties for such violations.

Permits the correction of military records in conformance with this Act.

Amends the Military Justice Amendments of 1981 to limit the application of certain provisions.

Sets forth effective dates for specified provisions of this Act.