2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle C - Navy and Marine Corps (Sections 5001 - 7921)
Part II - Personnel (Sections 5401 - 6522)
Chapter 571 - Voluntary Retirement (Sections 6321 - 6336)
Sec. 6329 - Officers not to be retired for misconduct
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 571 - VOLUNTARY RETIREMENT Sec. 6329 - Officers not to be retired for misconduct |
| Contains | section 6329 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 396. |
| Statutes at Large References | 61 Stat. 863 68 Stat. 68 |
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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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6329 | 34 U.S.C. 385. | 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 (Nov. 12, 1923).
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