Section 5924.85 | Desertion.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) Any member of the organized militia who does any of the following is guilty of desertion: (1) Without authority goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away from the unit, organization, […]
Section 5924.86 | Absence Without Leave.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Any person subject to this code who, without authority, does any of the following shall be punished as a court-martial may direct: (A) Fails to go to the person’s appointed place of duty at the time prescribed; (B) Goes from the person’s […]
Section 5924.72 | Vacation of Suspension of Sentence.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) An officer having special court-martial jurisdiction over a person whose sentence has been suspended may recommend vacation of the suspension of an approved sentence or part of a sentence that was imposed by a special court-martial and includes a bad-conduct discharge […]
Section 5924.73 | Petition for New Trial.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the ground of newly discovered evidence or fraud on the court. The adjutant general […]
Section 5924.582 | Forfeiture of Pay and Allowances.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) A member who receives a court-martial sentence that includes confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal forfeits pay, or pay and allowances, during any period of confinement […]
Section 5924.74 | Remission and Suspension by Adjutant General, State Judge Advocate, or Convening Authority.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) The adjutant general, the state judge advocate when authorized by the adjutant general, or a convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures, other than a sentence approved […]
Section 5924.59 | Review of Finding.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (B) Any reviewing authority with the power to approve or […]
Section 5924.75 | Effect of Disapproval of Sentence; Reappointment of Officers; Leave Pending Actions.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) Under any regulations that the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a […]
Section 5924.60 | Report of Findings to Convening Authority; Submission of Matters by Accused; Actions by Convening Authority; Revision or Rehearing.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) A court-martial shall report its findings and sentence to the convening authority after announcing the sentence. (B)(1) The accused may submit to the convening authority matters relating to the findings and sentence to the convening authority for its consideration. A submission […]
Section 5924.76 | Finality of Proceedings.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly The appellate review of records of trial pursuant to this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed pursuant to this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, […]