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32 U.S.C. § 327Courts-martial of National Guard not in Federal service: convening authority

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says how National Guard courts-martial work when the Guard isn't under federal control. General courts-martial can only be convened by the President. Special and summary courts-martial can be convened by certain local commanding officers.

(a) In the National Guard when it's not serving under federal control, general, special, and summary courts-martial can be convened the way the laws of the relevant state, Puerto Rico, the District of Columbia, Guam, or the Virgin Islands say. (b) In that same non-federal National Guard: (1) Only the President can convene a general court-martial. (2) A special court-martial can be convened by the commanding officer of a place like a garrison, fort, post, camp, air base, or auxiliary air base where Guard members are on duty, or by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or similar detached command. (3) A summary court-martial can be convened by the same kind of place-based commanding officer, or by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment. (c) The convening authorities listed in (b) are in addition to — not instead of — the ones listed in (a).
the actual law source: uscode.house.gov ↗public domain
(a)

In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

(b)

In the National Guard not in Federal service—

(1)

general courts-martial may be convened by the President;

(2)

special courts-martial may be convened—

(A)

by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or

(B)

by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and

(3)

summary courts-martial may be convened—

(A)

by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or

(B)

by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment.

(c)

The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a).

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100–456, div. A, title XII, § 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 107–314, div. A, title V, § 512(b), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109–163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 2059
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2537
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3442

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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