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50 U.S.C. § 731 to 739 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 731 to 739 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 731, act May 5, 1950, ch. 169, § 1, 64 Stat. 143, related to courts of inquiry. See [section 935 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section935&num=0&edition=prelim), Armed Forces. Section 732, act May 5, 1950, ch. 169, § 1, 64 Stat. 143, related to authority to administer oaths and to act as notary. See [section 936 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section936&num=0&edition=prelim). Section 733, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, required reading and explanation of certain sections of this chapter. See [section 937 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section937&num=0&edition=prelim). Section 734, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, related to complaints of wrongs. See [section 938 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section938&num=0&edition=prelim). Section 735, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, related to redress of injuries to property. See [section 939 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section939&num=0&edition=prelim). Section 736, act May 5, 1950, ch. 169, § 1, 64 Stat. 145, authorized President to delegate his authority. See [section 940 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section940&num=0&edition=prelim). Section 737, act May 5, 1950, ch. 169, § 8, 64 Stat. 146, provided for oath of enlistment. See [section 502 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section502&num=0&edition=prelim). Section 738, act May 5, 1950, ch. 169, § 9, 64 Stat. 146, provided for removal of suits. See [sectio

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Source location: Title 50, Chapter 22, § 731 to 739; chapter-022-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 935 — Art. 135. Courts of inquiry

**(a)** Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry. **(b)** A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court. **(c)** (1) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. (2) Any person who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. (3) Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. **(d)** Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. **(e)** The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. **(f)** Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. **(g)** Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority. **(h)** Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and cou

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 939 — Art. 139. Redress of injuries to property

**(a)** Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the armed forces, he may, under such regulations as the Secretary concerned may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved. **(b)** If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 502 — Enlistment oath: who may administer

**(a) Enlistment Oath.—** Each person enlisting in an armed force shall take the following oath:“I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” **(b) Who May Administer.—** The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1442a — Members of armed forces sued or prosecuted

A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States for the district where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 940 — Art. 140. Delegation by the President

The President may delegate any authority vested in him under this chapter, and provide for the subdelegation of any such authority.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 937 — Art. 137. Articles to be explained

**(a) Enlisted Members.—** (1) The sections (articles) of this chapter specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within fourteen days after)— (A) the member’s initial entrance on active duty; (B) the member’s initial entrance into a duty status with a reserve component; or (C) the member’s initial entrance on active duty or into a space force active status. (2) Such sections (articles) shall be explained again— (A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruit training; (B) after a member of the Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and (C) at the time when the member reenlists. (3) This subsection applies with respect to sections 802, 803, 807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139). **(b) Officers.—** (1) The sections (articles) of this chapter specified in paragraph (2) shall be carefully explained to each officer at the time of (or within six months after)— (A) the initial entrance of the officer on active duty as an officer; or (B) the initial commissioning of the officer in a reserve component or the Space Force. (2) This subsection applies with respect to the sections (articles) specified in subsection (a)(3) and such other sections (articles) as the Secretary concerned may prescribe by regulation. **(c) Training for Certain Officers.—** Under regulations prescribed by the Secretary concerned, officers with the authority to convene courts-martial or

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 936 — Art. 136. Authority to administer oaths

**(a)** The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants. (4) All commanding officers of the Navy, Marine Corps, and Coast Guard. (5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers. (6) All other persons designated by regulations of the armed forces or by statute. **(b)** The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties: (1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial. (2) The president and the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition. (4) All persons detailed to conduct an investigation. (5) All recruiting officers. (6) All other persons designated by regulations of the armed forces or by statute. **(c)** Each judge and senior judge of the United States Court of Appeals for the Armed Forces shall have the powers relating to oaths, affirmations, and acknowledgments provided to justices and judges of the United States by [section 459 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section459&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 938 — Art. 138. Complaints of wrongs

Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon.

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