10 USC § 874 - Art. 74. Remission and suspension

---
identifier: "/us/usc/t10/s874"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 874 - Art. 74. Remission and suspension"
title_number: 10
title_name: "ARMED FORCES"
section_number: "874"
section_name: "Art. 74. Remission and suspension"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "IX"
subchapter_name: "POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)"
---


# § 874. Art. 74. Remission and suspension

**(a)** The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.

**(b)** The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 874(a)874(b) | 50:661(a).50:661(b). | May 5, 1950, ch. 169, §  1 (Art. 74), 64 Stat. 132. |

In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

## Editorial Notes

### Amendments

2001—Subsec. (a).  inserted “that is adjudged for an offense committed after ” after “a sentence of confinement for life without eligibility for parole”.

2000—Subsec. (a).  inserted at end “However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 2000 Amendment

> “The amendment made by subsection (a) [amending this section] shall not apply with respect to a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [
> 
> ].”

, title V, § 553(b)], , , 1654A–125, provided that: