Reserve forces-Cont'd Termination of status in-Cont'd honorable conditions, discharge under, as appropriate type Res F § 69.1 Res F § 69.33
Regular Navy, enlistment of naval reservist in
Res F § 41.7 resignation ...... Res F § 69.13 security risks, methods of re- moving from service
Vending machines located in ar- mory where several Reserve units perform training, disposi- tion of proceeds of
Unit, etc Funds § 5.51
Reserve Officers Training Corps Aircraft, liability of ROTC Uni- versity for claims arising from operation of .... Claims § 137 Detail of officers mandatorily re- tired Retire § 11.3 Graduates who have signed defer- ments, ordering to active duty Res F § 5.1 Injury of cadet returning home from AFROTC summer camp, right to pay and allowances Res F § 85.5 Injury or death of member result-
ing from operation of aircraft, liability of government for
Physical examination of appli- cants for advanced course, pay- ment out of appropriated funds Res F § 75.5
Res ipsa loquitur
Negligent damage to government vehicle, principle inapplicable in prosecution for
Loss, etc Mil Prop § 49.1
Resisting arrest
See APPREHENSION AND ARREST
Burden of proof Defenses § 11.15 Confessions held inadmissible at prior trial, inadmissibility on second trial for separate offense Evid § 109.15
Res judicata-Cont'd
Error in ruling at first trial, effect Evid § 109.15
Identity of issues-
acquittal of accused at former trial for motor vehicle offense on insufficiency of evidence of identity of accused as driver, as binding on issue of identity in subsequent trial for other offenses arising out of same incident .... Defenses § 11.15 general acquittal in former trial Defenses § 11.15
parol evidence as to how mem- bers voted and reasons there- for, inadmissibility
Defenses § 11.15 single transaction, doctrine as not limited to issues arising out of.... Evid § 109.15 vote, and reasons therefor, of members of former court, ad- missibility of parol evidence of Defenses § 11.15 Interlocutory question for law of- ficer and not subject to objection by members of court
Defenses § 11.15 Motion to dismiss on ground of, as motion predicated on evidence Defenses § 11.15
Parol evidence- admissibility, generally
Retired pay-Cont'd Dual compensation—
civilian employment by retired persons with government, gen- erally Retire § 71.1 civilian purchasing agent in pur- chasing office of Far East Command, retired officer hold- ing position as .. Retire § 71.1 erroneous advice as to inappli- cability of Dual Compensation Statute, reliance on
Retire § 71.1 government contractors, employ- ment by .. Retire § 71.11 National Shipping Authority, retired Coast Guard officer employed on vessel operated by Retire § 71.23 nonappropriated fund instru- mentality, retired officer em- ployed by .... Retire § 71.1 post librarian at military reser- vation, retired officer holding position as Retire § 71.1 retired warrant officer, Dual Compensation Statute not ap- plicable to ..... Retire § 71.1 Good conduct or heroism, eligibili- ty for additional pay for
Retire § 75.27 Highest rank held during entire career, right to have retired pay computed on ... Retire § 7.1 Medical treatment and hospitaliza-
tion, effect of relinquishment of retired pay on right to
administrative discharge for conviction by civil authorities
Recall to active duty as affecting
court-martial sentence directing
enlistment in other service
Retire § 11.1 Retire § 15.1
Resignation from ... Retire § 15.1
Retired pay Commissary privileges, effect of relinquishment of retired pay on right to ... Retire § 15.1 Disability retired pay, see DISABIL- ITY RETIREMENT
Disability severance pay as pre-
disability incurred while on
Retire § 20.1 president authorized to order to Retire § 11.1
Civil defense activities, Posse Comitatus Act as not prohibit- ing retired officer from exercis- ing police powers in connection with Retire § 79.1 Claims against the United States, retired officer prohibited from prosecuting or assisting in pros- ecuting Retire § 71.11 Commissary privileges, effect of relinquishment of retired pay on right to .... Retire § 15.1 Contracts with government, retired officer prohibited from negotiat- ing, procuring, or aiding in pro- curing Retire § 71.11
warrant officer retired as enlist- ed man, Dual Office Statute of 31 July 1894 as not applicable to Retire § 71.1 Enlistment in Marine Corps by member on Army disability re- tirement list, legality
EM § 19.1 Medical treatment and hospital- ization, effect of relinquishment
Retired personnel-Cont'd Recall to active duty-Cont'd temporary promotion of retired colonel during recall, return to retired status in grade of brigadier general Retire § 7.1 Recruiting duties, detail of officers mandatorily retired
Retire § 11.3 Re-enlistment of member on Army disability retirement list
Retire § 11.1 Regular Army enlisted man re- tired under sec 4 of Armed Forces Voluntary Recruitment Act, service as Reserve officer as fulfilling Reserve obligation Res F § 41.7 ROTC duties, detail of officers mandatorily retired
Temporary storage of household goods Transp § 67.1
Termination of status- by court-martial sentence direct- ing discharge from retired list Retire § 15.1 civilian conviction of manslaugh- ter, authority to discharge en- listed man from retired list because of... . . . Retire § 15.1 re-enlistment of member on Army disability retired list followed by discharge
Retire § 11.1 relinquishment of retired pay as Retire § 15.1 Transportation, see TRANSPORTA-
of retired pay on right to
Recall to active duty- authority of president
Retire § 11.1 retired pay as affected by Retire § 75.5
See also RETIRED LIST; RETIRED PAY; RETIRED PERSONNEL Active duty status as affected by retirement orders issued and cancelled in same month
Active federal service, temporary hospitalization for physical ex- amination as not constituting Retire § 51.1 Aviation cadet in Naval Reserve and Marine Corps Reserve as serving in uniformed services Retire § 69.1
Retirement-Cont'd
Dental officer awaiting retirement
at home, additional pay
Pay § 85.1 Disability retirement, DISABILITY RETIREMENT Disability severance pay, retired pay precluded by receipt of Retire § 51.21
qualifying service, infra this topic
For length of service-
acceptance of application for re- tirement, revocation of Retire § 1.15 active service as aviation cadet in Naval Reserve and Marine Corps Reserve not counted as commissioned service
Retire § 39.9 brigadier general, Regular Army, age limit for retention on active list ... Retire § 51.5 discharge from one retired status and retirement under another statute. Retire § 35.3 eligibility, generally
Retire § 35.3 qualifying service, infra this topic Regular Army enlisted men, thirty years' retirement law applicable only to
Reserve officers, retention on ac- tive duty after age sixty
reservist placed on temporary disability retired list, right to retirement under sec 202 of A & AFV & R E Act of 1948 Retire § 35.3 Grade on, see Rank or grade, infra this topic Line of duty and misconduct de- terminations final for purposes of LOD § 35.1 Medical officer awaiting retire- ment at home, additional pay Pay § 85.1 Proceedings for removal from ac- tive list, retirement during pend- ency of, effect ... ... Retire § 1 Promotion of officers retained be- yond dates specified for
Transportation, see TRANSPORTA-
Warrant officers of Regular Army, C first proviso of sec 5 of Act of 21 August 1941 applicable only Retire § 35.3
to .. Withdrawal of application for, acceptance of application as precluding ... Retire § 1.15 Women's Medical Specialist Corps Reserve Officers, credit for in- active commissioned service in AUS without component prior to 1948 ... Retire § 51.15
Action by convening or supervi- sory authority, see CONVENING AUTHORITY
Board of officers convened under SR-140-15-1, right of appeal from findings of ..... Res F § 1 Board of review, see BOARD OF REVIEW
Complaint of wrongs under Art 138 as not authorizing review of court-martial conviction
Review § 51.15 Continuance, discretion of court in granting or denying
Trial § 15.5 Correction boards, see CORRECTION BOARDS Court of Military Appeals, see COURT OF MILITARY APPEALS Disability review board, see DIS- ABILITY REVIEW BOARD Disciplinary punishment by prison commandant as subject of Defenses § 15.1 Error as harmless or prejudicial, see HARMLESS OR PREJUDICIAL ERROR Expiration of appointment or commission of accused as af- fecting jurisdiction Crt-M § 49.1 Failure to object at trial, see WAIVER
False and fraudulent record of trial, action on .. Review § 37.7 Initial action by convening or su- pervisory authority, see CON- VENING AUTHORITY
Instructions to court, see INSTRUC- TIONS TO COURT
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