§124A-4 Dismissal of commissioned officer. (a) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer 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, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(b) If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this chapter, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this chapter, the governor alone may reappoint the officer of such commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had the former officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, the officer has no right to trial under this section. [L 1982, c 171, pt of §2; gen ch 1985]
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
124A. Hawaii Code of Military Justice
124A-2 Persons subject to this chapter.
124A-3 Jurisdiction to try certain personnel.
124A-4 Dismissal of commissioned officer.
124A-5 Territorial applicability of the chapter.
124A-6 Judge advocates and legal officers.
124A-12 Apprehension of deserters.
124A-13 Imposition of restraint.
124A-14 Restraint of persons charged with offenses.
124A-16 Reports and receiving of prisoners.
124A-17 Punishment prohibited before trial.
124A-18 Delivery of offenders to civil authorities.
124A-21 Commanding officer's nonjudicial punishment.
124A-32 Jurisdiction of courts-martial in general.
124A-33 Jurisdiction of general courts-martial.
124A-34 Jurisdiction of special courts-martial.
124A-35 Jurisdiction of summary courts-martial.
124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor.
124A-38 Confinement instead of fine.
124A-41 Who may convene general courts-martial.
124A-42 Special courts-martial of state military forces not in federal service; who may convene.
124A-43 Summary courts-martial of state military forces not in federal service; who may convene.
124A-44 Who may serve on courts-martial.
124A-45 Law officer of a general court-martial.
124A-46 Detail of trial counsel and defense counsel.
124A-47 Detail or employment of reporters and interpreters.
124A-48 Absent and additional members.
124A-51 Charges and specifications.
124A-52 Compulsory self-incrimination prohibited.
124A-54 Forwarding of charges.
124A-55 Advice of state judge advocate and reference for trial.
124A-61 Governor to adopt rules.
124A-62 Unlawfully influencing action of court.
124A-63 Duties of trial counsel and defense counsel.
124A-68 Statute of limitations.
124A-71 Opportunity to obtain witnesses and other evidence.
124A-72 Refusal to appear or testify.
124A-75 Admissibility of records of courts of inquiry.
124A-77 Number of votes required.
124A-78 Court to announce action.
124A-81 Cruel and unusual punishments prohibited.
124A-83 Effective date of sentences.
124A-84 Execution of confinement.
124A-91 Execution of sentence; suspension of sentence.
124A-92 Initial action on the record.
124A-93 General court-martial records; opinion by staff judge advocate.
124A-94 Reconsideration and revision.
124A-96 Approval by the convening authority.
124A-97 Review of records; disposition.
124A-98 Error of law; lesser included offense.
124A-100 Vacation of suspension.
124A-101 Petition for a new trial.
124A-102 Remission and suspension.
124A-104 Finality of proceedings, findings, and sentences.
124A-113 Accessory after the fact.
124A-114 Conviction of lesser included offense.
124A-118 Fraudulent enlistment, appointment, or separation.
124A-119 Unlawful enlistment, appointment, or separation.
124A-121 Absence without leave.
124A-123 Contempt towards officials.
124A-124 Disrespect towards superior commissioned officer.
124A-125 Assaulting or wilfully disobeying superior commissioned officer.
124A-126 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
124A-127 Failure to obey order or regulation.
124A-128 Cruelty and maltreatment.
124A-130 Resistance, breach of arrest, and escape.
124A-131 Releasing prisoner without proper authority.
124A-132 Unlawful detention of another.
124A-133 Noncompliance with procedural rules.
124A-134 Misbehavior before the enemy.
124A-135 Subordinate compelling surrender.
124A-136 Improper use of countersign.
124A-138 Captured or abandoned property.
124A-140 Misconduct of a prisoner.
124A-141 False official statements.
124A-142 Military property; loss, damage, destruction, or wrongful disposition.
124A-143 Property other than military property; waste, spoilage, or destruction.
124A-144 Improper hazarding of vessel.
124A-145 Drunken or reckless driving.
124A-146 Drunk on duty; sleeping on post; leaving post before relief.
124A-149 Riot or breach of peace.
124A-150 Provoking speeches or gestures.
124A-152 Frauds against the government.
124A-153 Larceny and wrongful appropriation.
124A-154 Conduct unbecoming an officer.
124A-162 Authority to administer oaths.
124A-163 Military justice training.
124A-164 Complaints of wrongs.
124A-165 Redress of injuries to property.
124A-166 Execution of process and sentence.
124A-167 Process of military courts.
124A-168 Payment of fines and disposition thereof.
124A-169 Immunity for action of military courts or nonjudicial punishment.
124A-170 Presumption of jurisdiction.
124A-171 Delegation of authority by the governor; rulemaking authority of governor.