§ 327. Courts-martial of National Guard not in Federal service: convening authority

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(a)In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

(b)In the National Guard not in Federal service—

(1)general courts-martial may be convened by the President;

(2)special courts-martial may be convened—

(A)by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or

(B)by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and

(3)summary courts-martial may be convened—

(A)by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or

(B)by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment.

(c)The convening authorities provided under subsection

(b)are in addition to the convening authorities provided under subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100–456, div. A, title XII, § 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 107–314, div. A, title V, § 512(b), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109–163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)

In subsection (a), the words “Federal service” are substituted for the words “service of the United States”.

In subsection (b), the words “A general court-martial may sentence to—” are substituted for the words “and such courts shall have the power to impose * * * to sentence”. The words “any combination of these punishments” are substituted for the words “or any two or more of such punishments may be combined in the sentences imposed by such courts”.

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Public Law 107–314
To authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes

12 references not yet in our index

Aug. 10, 1956, ch. 1041
70A Stat. 608
Pub. L. 100–456, div. A, title XII, § 1234(b)(4)
102 Stat. 2059
Pub. L. 107–314, div. A, title V, § 512(b)
116 Stat. 2537
Pub. L. 109–163, div. A, title X, § 1057(b)(7)
119 Stat. 3442
Pub. L. 109–163
Pub. L. 107–314
Pub. L. 100–456
Pub. L. 107–314, div. A, title V, § 512(e)

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§ 327

Courts-martial of National Guard not in Federal service: convening authority

Stat.×1

ActAug. 10, 1956, ch. 1041

Stat.70A Stat. 608

Pub. L.Pub. L. 100–456, div. A, title XII, § 1234(b)(4)

Stat.102 Stat. 2059

Pub. L.Pub. L. 107–314, div. A, title V, § 512(b)

Cites 12 · showing 5Cited by 1 across 1 source