FEDERAL · 10 U.S.C. · Chapter 841
Officers not to be retired for misconduct
Current through Pub. L. 119-102
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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10 U.S.C. § 8329 (Officers not to be retired for misconduct) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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.
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.