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. 104170A Stat. 396Pub. L. 115–232, div. A, title VIII, § 807(b)(15)132 Stat. 1836(, , § 6329; renumbered § 8329, , , .)
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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. |
DenbyBerryThe 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 v. , 263 U.S. 29, 36 ().
Editorial Notes
Amendments
Pub. L. 115–232section 6329 of this title2018— renumbered as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .