37 U.S.C. § 804 § 804. Enlisted members of the Army or Air Force: pay and allowances not to accrue during suspended sentence of dishonorable discharge. Pay and allowances do not accrue to an enlisted member of the Army or the Air Force who is in confinement under sentence of dishonorable discharge, while the execution of the sentence to discharge is suspended. d. STATUTES APPLICABLE TO THE NAVAL SERVICE 10 U.S.C. §5947 § 5947. Requirement of exemplary conduct. All commanding officers and others in authority in the naval service are required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and to take all necessary and proper measures, under the laws, regulations, and customs of the naval service, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge. 10 U.S.C. § 5951 § 5951. Continuation of authority after loss of vessel or aircraft. If the crew of any naval vessel or naval aircraft are separate from their vessel or aircraft because of its wreck, loss, or destruction, all the command and authority given to the officers of the vessel or aircraft remain in full force until the crew are discharged or reassigned. 10 U.S.C. § 5952 § 5952. Marine Corps organizations on vessels: authority of officers. When an organization of the Marine Corps is embarked in any vessel, not as part of the authorized complement of the vessel, the authority of the officers of that organization is the same as though the organization were serving at a naval station. However, this section does not impair the paramount authority of the commanding officer of a vessel over the vessel and all persons embarked in it. 10 U.S.C. § 6031 § 6031. Chaplains: divine services. (b) The commanders of vessels and naval activities to which chaplains are attached shall cause divine services to be performed on Sunday, whenever the weather and other circumstances allow it to be done; and it is earnestly recommended to all officers, seamen, and others in the naval service diligently to attend at every performance of the worship of Almighty God. (c) All persons in the Navy and in the Marine Corps are enjoined to behave themselves in a reverent and becoming manner during divine service. 10 U.S.C. § 6408 § 6408. Navy and Marine Corps; warrant officers, W-1: limitation on dismissal. (a) No officer who holds the grade of warrant officer, W-1, may be dismissed from the Navy or the Marine Corps except in time of war, by order of the President. (b) The President may drop from the rolls of the Navy or the Marine Corps any officer who holds the grade of warrant officer, W-1, who— (1) has been absent without authority for at least three months; or (2) is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a courtmartial or other military court, and whose sentence has become final. .. STATUTES APPLICABLE TO THE COAST GUARD 14 U.S.C. § 508 § 508. Deserters; payment of expenses incident to apprehension and delivery; penalties. (b) No person who is convicted by court-martial for desertion from the Coast Guard in time of war, and as the result of such conviction is dismissed or dishonarably discharged from the Coast Guard shall afterwards be enlisted, appointed, or commissioned in any military or naval service of the United States, unless the disability resulting from desertion, as established by this section is removed by a board of commissioned officers of the Coast Guard convened for consideration of the case, and the action of the Board is approved by the Secretary; or unless he is restored to duty in time of war. f. TECHNICAL SECTIONS OF ACT OF 10 AUGUST 1956 NOTE. The act of 10 August 1956 revised, codified, and enacted into law title 10, United States Code, Armed Forces, and title 32, United States Code, National Guard. Certain technical sections of the act, Public Law 1028, 84th Congress, are set forth below. Saving and Severability Clauses § 49. (a) In sections 1-48 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after March 31, 1955, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. (b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-48. (c) Actions taken and offenses committed under the replaced law shall be considered to have been taken or committed under the corresponding provisions of sections 1-48. (d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. (e) In chapter 47 of title 10, United States Code, enacted by section 1 of this Act, no inference of a legislative construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter.3 Effective Date of Uniform Code of Military Justice § 51. Chapter 47 of title 10, United States Code, enacted by section 1 of this Act, takes effect January 1, 1957.* Repeal Provisions $53. The following laws are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act and except as provided in section 49: *** [Sections 1,6-11, 13, and 14(f) of the Act of 5 May 1950. Repeal of section 1 (Uniform Code of Military Justice) is effective on the effective date of chapter 47 of title 10, United States Code, enacted by section 1 of this Act.] " 270A Stat. 1 (1956). a 70A Stat. 640 (1956). Ibid. 570A Stat. 641, 680 (1956). NOTE 1. The heading of orders convening general courts-martial (including letterhead, place, date, etc.) may be as indicated, or as prescribed in regulations of the Secretary of a Department. This appendix shows only the content required to be set forth in all convening orders. Abbreviations authorized in the department may be used. A general court-martial is hereby ordered to convene (at) (on board) hours on at 19, or as soon thereafter as practicable, for the trial of such persons as may properly be brought before it. The court will be constituted as follows: NOTE 2. Convening orders may be signed personally by the officer having authority to convene the general court-martial, or may be authenticated in any manner prescribed in regulations of the Secretary of a Department. NOTE 3. Legal qualifications of all counsel of a general court-martial are shown in the convening orders. See 6b and d. As to limitations on who may conduct the defense, see 48a. *NOTE 4. (*). The further identification of the officer members of the court, the law officer, and counsel, by service number, organization, etc., will be as prescribed in regulations of the Secretary of a Department or as is customary in the particular service. NOTE 5. When a commanding officer is designated by the Secretary concerned pursuant to Article 22(a) (6) or empowered by the President pursuant to Article 22(a) (7) to convene general courts-martial (5a (2)), the convening order will cite such authorization in the first paragraph: "Pursuant to authority contained in (para 19_) (SECNAV ltr ser General Orders Dept 19_) ), a general court-martial is hereby ordered to convene", etc. NOTE 6. A succession of orders modifying a convening order may result in serious errors. When practicable, it should be avoided by convening a new court. See 37c (1). It is not deemed advisable to issue an order dissolving a court-martial, and when a new court is convened to replace one in existence, the following sentence should merely be added, below the names of the personnel of the court (36b), to the order convening the new court: "All unarraigned cases in the hands of the trial counsel of the general court-martial convened by will be brought to trial before the court hereby convened." NOTE 7. For heading and closure, see Notes 1 and 2 above. NOTE 8. When an enlisted person has requested enlisted members on the court which tries him, the following may be used when his case has already been referred to a court without enlisted membership to the number of one-third. See 36c (2) (a). This general type of order may also be modified and used to detail additional officer members to the court (37a). The text of such a convening order in the Army might read as follows: The following members are detailed to GCM convened by CMCO 61st Inf Div (for the trial of PRIVATE Inf, only) (for the trial of enlisted persons who Master Sergeant Master Sergeant Sergeant First Class Hq RA 12 345 678, Co A, 1st Bn, 61st make a timely request, pursuant to Co B, 1st Bn, 61st Inf Hq Btry, 3d FA Bn (How) Co C, 2d Bn 1st Inf Sergeant Co B, 3d Bn, 1st Inf NOTE 9. Additional members may be detailed for one specified case only, or for all cases which may come before the court. NOTE 10. An order detailing enlisted persons as members of a general court-martial must show the unit to which each is assigned. See 4a, 36b, and Article 25 (c). (b) Replacing law officer. NOTE 11. For heading and closure, see Notes 1 and 2 above. This form may be modified to replace a member of the court or counsel. (Captain) (Colonel) ーラ (*Note 4 above), certified in accordance with Article 26(a), is detailed Law Officer of the general court-martial convened by vice (Captain) (Colonel) (*Note 4 above), relieved. b. SPECIAL COURT-MARTIAL CONVENING ORDERS. NOTE 12. Same as for general courts-martial, except that no law officer is detailed and the manner of stating legal qualifications of counsel is different. Qualifications of counsel or their lack of qualifications in the sense of Article 27 must be shown in the convening order (6c and d). If counsel is qualified to act as counsel before a general court-martial (Art. 27 (c) (1)), the phrase, "certified in accordance with Article 27 (b)" will be used. If counsel is a judge advocate, a law specialist, or a member of the bar of a Federal court or the highest court of a State (Art. 27 (c) (2)), but has not been certified in accordance with Article 27 (b), the phrases, "judge advocate," "law specialist," or "member of the bar of -," respectively, will be used. If counsel has none of the foregoing legal qualifications, the phrase, "not a lawyer in the sense of Article 27," will be used. In a particular case a convening order might list counsel and their legal qualifications or lack of legal qualifications, as follows: (Lieutenant) (Captain) (Ensign) (Second Lieutenant) (Lieutenant Commander) (Major) (Lieutenant) (Captain) (*Note 4 above), TRIAL COUN- (*Note 4 above), ASSISTANT NOTE 13. When desirable, a convening authority may specify in the order the names of the person or persons to be tried. See Notes 8 and 9, above, for the use of "only" in convening orders. |