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2017 US Code
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
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| 10 U.S.C. § 6329 (2017) | |||||||||
| §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. |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 396.) |
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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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| United States Code, 2012 Edition, Supplement 5, Title 10 - ARMED FORCES | |||||||||
| Bills and Statutes | |||||||||
| United States Code | |||||||||
| Y 1.2/5: | |||||||||
| 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 |
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| section 6329 | |||||||||
| 2017 | |||||||||
| January 12, 2018 | |||||||||
| Yes | |||||||||
| standard | |||||||||
| 61 Stat. 863 68 Stat. 68 |
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