10 U.S.C. § 8329 — Officers not to be retired for misconduct

FEDERAL · 10 U.S.C. · Chapter 841

Officers not to be retired for misconduct

10 U.S.C. § 8329

Chapter841 — VOLUNTARY RETIREMENT

This text of 10 U.S.C. § 8329 (Officers not to be retired for misconduct) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

10 U.S.C. § 8329.

Text

No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate.

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Source Credit

History

(Aug. 10, 1956, ch. 1041, 70A Stat. 396, §6329; renumbered §8329, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

The words "for which trial by court-martial would be appropriate" are substituted for the words "but he shall be brought to trial by court-martial for such misconduct". The peremptory command in the source text is at variance with the theory of the Uniform Code of Military Justice and conflicts with the provisions of articles 30, 32, and 34. The substituted words are in accord with the interpretation placed on R.S. 1456 in Denby v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923).

Editorial Notes

Amendments
2018—Pub. L. 115–232 renumbered section 6329 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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Bluebook (online)

10 U.S.C. § 8329, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/8329.