Military Justice Act of 1983

(Measure passed House, amended)

Military Justice Act of 1983 - Amends the Uniform Code of Military Justice to include law specialists of the Coast Guard within the definition of Judge Advocate.

Permits the convening authority of a court-martial to excuse individual court members from participating in a case. Permits such authority to delegate his authority. Eliminates the requirement that the convening authority personally detail counsel and judges. Requires the Secretary of the military department concerned to make regulations concerning such detailing.

Permits defense counsel to assist the accused in submitting matters to the convening authority concerning the findings and sentence of the court martial.

Requires that the advice of a staff judge advocate to the convening authority before such authority directs the trial of any charge, be in writing.

Gives the accused 30 days to submit to the convening authority any matters concerning the findings and sentence of a general court-martial, or of a special court martial which has adjudged a bad-conduct discharge. Gives the accused up to 20 days in all other special court-martial cases. Permits extensions for good cause for up to 20 days (up to 10 days in the case of a special court-martial that does not adjudge a bad-conduct discharge). Grants the convening authority sole discretion to modify the findings and sentence, considering the written recommendation of his staff judge advocate. Requires such recommendation to be served on the accused.

Permits proceedings in revision only when there is an apparent error or omission in the record or when the record shows inconsistent action with respect to the findings or sentence. Permits a rehearing if the convening authority disapproves the findings and sentence.

Permits the accused to waive or withdraw an appeal to the Court of Military Review, except in death penalty cases, or review in the Office of the Judge Advocate General. Ends special treatment of flag and general officer cases.

Permits interlocutory appeal by the United States under standards similar to civilian law.

Permits the remission of sentences as specified.

Prohibits execution of a sentence involving death, dismissal, or a dishonorable or bad-conduct discharge until there is a final judgement as to the legality of the proceedings. States that such a judgement is final when review is completed by a Court of Military Review and other specified conditions are met, including no review by the Court of Military Appeals or review by such court with no review by the Supreme Court.

Requires that a complete record be prepared in specified general court-martial cases where the punishment exceeds that of a special court-martial and in special court-martial cases where the sentence includes a bad-conduct discharge.

Sets forth review procedures for cases not otherwise reviewed. Requires a judge advocate to determine in writing whether or not the decision satisfied requirements of jurisdiction, cause of action, and appropriate sentencing. Requires that the record be transmitted for action to the officer exercising general court-martial jurisdiction over the accused when corrective action is required or the sentence is for dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months. Permits such officer to act as he sees fit; to approve or disapprove findings, dismiss charges, or suspend sentence.

Makes the manufacture of, traffic in, or use of opiates or controlled substances punishable by court-martial.

Includes members of the public among the military justice officials meeting at least annually as the Code Committee to make a comprehensive report to the Armed Services Committees and the Secretaries of Defense on the operation of the Uniform Code.

Directs the Secretary of Defense to establish a Commission to study the sentencing authority in court-martial cases. Requires the Commission to examine experience in the civilian sector by way of comparison. Requires the Commission to report to the Armed Services Committees within nine months.

Permits Supreme Court review of specified decisions of the U.S. Court of Military Appeals.