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United States Code (Last Updated: May 24, 2014) |
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Title 10. ARMED FORCES |
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SubTitle C. Navy and Marine Corps |
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Part II. PERSONNEL |
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Chapter 571. VOLUNTARY RETIREMENT |
§ 6329. 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.
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
6329 | R.S. 1456. | |
| 34 U.S.C. 626–1(a) (1st sentence). | Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68. |
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 (