10 USC § 876a - Art. 76a. Leave required to be taken pending review of certain court-martial convictions

---
identifier: "/us/usc/t10/s876a"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 876a - Art. 76a. Leave required to be taken pending review of certain court-martial convictions"
title_number: 10
title_name: "ARMED FORCES"
section_number: "876a"
section_name: "Art. 76a. Leave required to be taken pending review of certain court-martial convictions"
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: "(Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 114–328, div. E, title LIX, § 5338, Dec. 23, 2016, 130 Stat. 2937.)"
---


# § 876a. Art. 76a. Leave required to be taken pending review of certain court-martial convictions

section 860c of this title

Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under  (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.

---

**Source Credit**: (Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 114–328, div. E, title LIX, § 5338, Dec. 23, 2016, 130 Stat. 2937.)

## Editorial Notes

### Amendments

2016— struck out “, as approved under  (article 60),” after “if the sentence” and substituted “of the entry of judgment under  (article 60c)” for “on which the sentence is approved under  (article 60)”.

1983— substituted “under  (article 60)” for “under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction” and “by the officer exercising general court-martial jurisdiction”, respectively.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2016 Amendment

Amendment by  effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see  and Ex. Ord. No. 13825, set out as notes under .

### Effective Date of 1983 Amendment

Amendment by  effective first day of eighth calendar month beginning after , but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of , set out as a note under .

### Effective Date

Section to take effect at end of 60-day period beginning on , to apply to each member whose sentence by court-martial is approved on or after , under section 864 or 865 of this title by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (), or under  by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of , set out as a note under .