Subchapter I (continued)

803. ARTICLE 3. JURISDICTION TO TRY CERTAIN PERSONNEL

Subject to section 843 of this title (article 43), no person charged with having committed, while in a status 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 the courts of the United Federation of Planets, may be relieved from amenability to trial by court-martial by reason of the termination of that status.

Each person discharged from Starfleet who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this chapter committed before the fraudulent discharge

No person who has deserted from Starfleet may be relieved form amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.

A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.



804 ARTICLE 4. DISMISSED OFFICER'S RIGHT TO TRIAL BY COURT-MARTIAL

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.

If the President fails to convene a general court-martial within six months from the preparation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal order by the President a form of discharge authorized for administrative issue.

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.

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.



805. ARTICLE 5. TERRITORIAL APPLICABILITY OF THIS CHAPTER

This chapter applies in all places.



806. ART. 6. JUDGE ADVOCATES AND LEGAL OFFICERS

The assignment for duty of judge advocates of Starfleet shall be made upon the recommendation of the Judge Advocate General of Starfleet of which they are members. The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.

Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; or legal officer of a superior or subordinate command, or with the Judge Advocate General.

No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.

A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United Federation of Planets under section 973(*b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the .F.P. in civil and criminal cases.



*806a. ART. 6a. INVESTIGATION AND DISPOSITION OF MATTERS PERTAINING TO THE FITNESS OF MILITARY JUDGES.

The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge's position, to the extent practicable, the procedures shall be uniform for all armed forces.

The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committees on Armed Services of the Senate.




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