
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC804]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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 all purposes, including the right to pay and 
allowances.
    (d) If an officer is discharged from any armed force by 
administrative action or is dropped from the rolls by order of the 
President, he has no right to trial under this article.

(Aug. 10, 1956, ch. 1041, 70A Stat. 38.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
804(a)................................  50:554(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
804(b)................................  50:554(b).                            4
), 64 Stat. 110.
804(c)................................  50:554(c).
804(d)................................  50:554(d).
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---------------------------------

    In subsection (a), the word ``If'' is substituted for the word 
``When''. The word ``commissioned'' is inserted before the word 
``officer''. The word ``considered'' is substituted for the word 
``held''.
    In subsections (a) and (b), the words ``Secretary concerned'' are 
substituted for the words ``Secretary of the Department''.
    In subsection (c), the word ``If'' is substituted for the word 
``Where''. The words ``the authority of'' are omitted as surplusage. The 
words ``grade and with such rank'' are substituted for the words ``rank 
and precedence'', since a person is appointed to a grade, not to a 
position of precedence, and the word ``rank'' is the accepted military 
word denoting the general idea of precedence. The words ``the existence 
of a'' are substituted for the word ``position'' for clarity. The word 
``receive'' is omitted as surplusage.
    In subsection (d), the word ``If'' is substituted for the word 
``When''. The words ``he has no'' are substituted for the words ``there 
shall not be a''.
