10 U.S.C. § 876
Section 876 · Art. 76. Finality of proceedings, findings, and sentences
Amended 1 time on record
Applied in 135 court decisions — leading case Schlesinger v. Councilman (1975)
Most recently applied in Ortiz v. United States (June 2018)
Cases citing this section usually also cite 10 U.S.C. § 867 · 10 U.S.C. § 866 · 10 U.S.C. § 1552
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74) and the authority of the President.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The word “under” is substituted for the words “pursuant to”. The word “are” is substituted for the words “shall be”. The words “Secretary concerned” are substituted for the words “Secretary of a Department”.