10 U.S. Code § 6329 - Officers not to be retired for misconduct

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.)

Historical and Revision Notes
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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