Section 5924.83 | Fraudulent Enlistment, Appointment or Separation.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Any person who does either of the following shall be punished as a court-martial may direct: (A) Procures the person’s own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to the person’s qualifications for that […]
Section 5924.84 | Unlawful Enlistment, Appointment or Separation.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited […]
Section 5924.70 | Appellate Counsel.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) The state judge advocate shall detail one or more judge advocates as appellate government counsel and one or more judge advocates assigned to the United States army trial defense service or the United States air force area defense counsel as appellate […]
Section 5924.71 | Sentence of Dismissal or Discharge.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) If the sentence of a court-martial of a commissioned officer or cadet includes dismissal, that part of the sentence providing for dismissal may not be executed until it is approved by the adjutant general. The adjutant general may commute, remit, or […]
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 […]