§ 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).
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
327(a) 327(b) | 32:92 (1st 46 words). 32:92 (less 1st 46 words). |
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”.
Amendments
2006—Subsec. (a). Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”.
2002—Pub. L. 107–314 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia.
“(b) A general court-martial may sentence to—
“(1) a fine of not more than $200;
“(2) forfeiture of pay and allowances;
“(3) a reprimand;
“(4) dismissal or dishonorable discharge;
“(5) reduction of a noncommissioned officer to the ranks; or
“(6) any combination of these punishments.”
1988—Subsec. (a). Pub. L. 100–456 substituted “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,”.
Miscellaneous
Pub. L. 107–314, div. A, title V, § 512(e),