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10 U.S.C. § 804 — Art. 4. Dismissed officer’s right to trial by court-martial

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

10 U.S.C. § 804 — Art. 4. Dismissed officer’s right to trial by court-martial

**(a)** If any commissioned officer, dismissed by order of the President, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the President, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. **(b)** If the President fails to convene a general court-martial within six months from the presentation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. **(c)** If a discharge is substituted for a dismissal under this article, the President alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for al

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Source location: Title 10, Chapter 47, § 804; chapter-047-uniform-code-of-military-justice.md

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

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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

50 U.S.C. § 551 to 556 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 551, act May 5, 1950, ch. 169, § 1, 64 Stat. 108, defined terms used in this chapter. See sections 101 and 801 of Title 10, Armed Forces. Section 552, acts May 5, 1950, ch. 169, § 1, 64 Stat. 109; Aug. 1, 1956, ch. 852, § 23, 70 Stat. 911, related to persons subject to Articles of War. See [section 802 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section802&num=0&edition=prelim). Act Aug. 1, 1956, ch. 852, § 23, 70 Stat. 911 was repealed by Pub. L. 87–651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526. Section 553, act May 5, 1950, ch. 169, § 1, 64 Stat. 109, related to jurisdiction to try certain personnel. See [section 803 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section803&num=0&edition=prelim). Section 554, act May 5, 1950, ch. 169, § 1, 64 Stat. 110, provided for dismissed officer’s right to trial by court-martial. See [section 804 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section804&num=0&edition=prelim). Section 555, act May 5, 1950, ch. 169, § 1, 64 Stat. 110, provided that this chapter should be applicable in all places. See [section 805 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section805&num=0&edition=prelim). Section 556, act May 5, 1950, ch. 169, § 1, 64 Stat. 110, related to judge advocates and legal officers. See [section 806 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.

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

10 U.S.C. § 804 — Art. 4. Dismissed officer’s right to trial by

Page 721 TITLE 10—ARMED FORCES § 804 In subsection (a), the words ‘‘the provisions of’’ are omitted as surplusage. The words ‘‘no * * * may’’ are substituted for the words ‘‘any * * * shall not’’. The word ‘‘for’’ is substituted for the word ‘‘of’’ before the words ‘‘five years’’. The words ‘‘of a State, a Territory, or’’ are substituted for the words ‘‘any State or Terri- tory thereof or of’’. The word ‘‘court-martial’’ is sub- stituted for the word ‘‘courts-martial’’. In subsection (b), the words ‘‘Each person’’ are sub- stituted for the words ‘‘All persons’’. The words ‘‘who is later’’ are substituted for the word ‘‘subsequently’’. The words ‘‘his discharge is’’ are substituted for the words ‘‘said discharge shall * * * be’’. The words ‘‘the provisions of’’ are omitted as surplusage. The word ‘‘is’’ is substituted for the words ‘‘shall * * * be’’. The words ‘‘he is’’ are substituted for the words ‘‘they shall be’’. The word ‘‘before’’ is substituted for the words ‘‘prior to’’. In subsection (c), the words ‘‘No * * * may’’ are sub- stituted for the words ‘‘Any * * * shall not’’. The word ‘‘later’’ is substituted for the word ‘‘subsequent’’. Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tion 973 of this title. AMENDMENTS 2023—Subsec. (d). Pub. L. 118–31 inserted ‘‘or the Space Force’’ after ‘‘reserve component’’. 1992—Subsec. (a). Pub. L. 102–484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Subject to section 843 of this title (article 43), no person charged with having committed, while in a sta- tus in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in th

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