§ 8329. Officers not to be retired for misconduct
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No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate.
(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.)
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).
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- Aug. 10, 1956, ch. 1041
- 70A Stat. 396
- 132 Stat. 1836
- section 6329 of this title
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§ 8329
Officers not to be retired for misconduct
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 396
Stat.132 Stat. 1836
Citesection 6329 of this title
Cites 6Cited by 0 across 0 sources