§328. Special courts-martial of National Guard not in Federal service
(a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority.
(b) A special court-martial may not try a commissioned officer.
(c) A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than $100 for a single offense.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 328(a)
328(b) |
32:93 (less last sentence). 32:93 (1st 32 words of last sentence). |
June 3, 1916, ch. 134, §104, |
| 328(c) | 32:93 (last sentence, less 1st 32 words). |
In subsection (a), the words "Federal service" are substituted for the words "service of the United States". The words "where troops are on duty" are inserted for clarity. The words "for his command" are omitted, since they cast doubt on the right of a court-martial to try others than members of the command of the appointing authority. The words "air base, auxiliary air base", "wing, group", and "detached squadron" are inserted to clarify the applicability of the revised section to Air Force organizations. The words "convene" and "convened" are substituted for the words "appoint" and "appointed" to conform to 32:92 and similar provisions of section 823 of title 10 (article 23 of the Uniform Code of Military Justice). The words "when by the latter deemed advisable" are omitted as surplusage.
In subsection (b), the positive authority of a special court-martial to try any person subject to military law is omitted as covered by section 326 of this title.
In subsection (c), the words "for a single offense" are inserted for clarity.
Cross References
Uniform Code of Military Justice-
Generally, see section 801 et seq. of Title 10, Armed Forces.
Convening special courts-martial, see section 823 of Title 10.
Jurisdiction of special courts-martial, see section 819 of Title 10.
Sentences, generally, see sections 855 to 858a of Title 10.