Subdivision 1. Application for court-martial. Any commissioned officer, dismissed by order of the governor, may make a written application for trial by court-martial, setting forth, under oath, that the dismissal was wrongful. 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.
Subd. 2. Substitution of discharge. If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this code, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
Subd. 3. Reappointment by governor. If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had there been no dismissal. 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.
Subd. 4. No right to trial. 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.
1963 c 661 s 192A.03; 1986 c 444
Structure Minnesota Statutes
Chapters 190 - 195 — Military Affairs
Chapter 192A — Uniform Code Of Military Justice
Section 192A.01 — Short Title.
Section 192A.015 — Definitions.
Section 192A.02 — Persons Subject To This Code; Jurisdiction.
Section 192A.021 — Purely Military Offenses.
Section 192A.025 — Jurisdiction To Try Certain Personnel.
Section 192A.03 — Dismissal Of Commissioned Officer.
Section 192A.035 — Territorial Applicability Of Code.
Section 192A.04 — Judge Advocates And Legal Officers.
Section 192A.041 — Practice Of Military Law.
Section 192A.045 — Apprehension.
Section 192A.05 — Apprehension Of Deserters.
Section 192A.055 — Imposition Of Pretrial Restraint.
Section 192A.065 — Confinement In Jails.
Section 192A.07 — Receiving Prisoners.
Section 192A.08 — Delivery Of Offenders To Civil Authorities.
Section 192A.0851 — Commanding Officer's Nonjudicial Punishment.
Section 192A.09 — Members Of State Military Forces Not In Federal Active Service.
Section 192A.095 — Jurisdiction Of Courts-martial In General.
Section 192A.10 — Jurisdiction Of General Courts-martial.
Section 192A.105 — Jurisdiction Of Special Courts-martial.
Section 192A.11 — Jurisdiction Of Summary Courts-martial.
Section 192A.111 — Maximum Limits.
Section 192A.115 — Governor's Approval Of Dismissal Or Dishonorable Discharge.
Section 192A.13 — Who May Convene General Courts-martial.
Section 192A.135 — Who May Convene Special Courts-martial.
Section 192A.14 — Who May Convene Summary Courts-martial.
Section 192A.15 — Military Judge System.
Section 192A.155 — Detail Of Trial Counsel And Defense Counsel.
Section 192A.16 — Detail Or Employment Of Reporters And Interpreters.
Section 192A.20 — Governor May Prescribe Rules.
Section 192A.205 — Unlawful Command Influence.
Section 192A.235 — Statute Of Limitations.
Section 192A.24 — Former Jeopardy.
Section 192A.25 — Opportunity To Obtain Witnesses And Other Evidence.
Section 192A.255 — Refusal To Appear Or Testify.
Section 192A.28 — Grounds For Conviction.
Section 192A.31 — Execution Of Confinement.
Section 192A.341 — Error Of Law; Lesser Included Offenses.
Section 192A.343 — Action By Convening Authority.
Section 192A.351 — Withdrawal Of Appeal.
Section 192A.353 — Appeal By State.
Section 192A.361 — Rehearings.
Section 192A.363 — Review By Senior Force Judge Advocate.
Section 192A.371 — Review By State Appellate Authority.
Section 192A.373 — Appellate Counsel.
Section 192A.381 — Finality Of Proceedings, Findings, And Sentences.
Section 192A.384 — Offenses Subject To Court-martial.
Section 192A.395 — Accessory After The Fact.
Section 192A.40 — Conviction Of Lesser Included Offense.
Section 192A.415 — Solicitation.
Section 192A.42 — Fraudulent Enlistment, Appointment, Or Separation.
Section 192A.425 — Unlawful Enlistment, Appointment, Or Separation.
Section 192A.435 — Absence Without Leave.
Section 192A.44 — Missing Movement.
Section 192A.445 — Contempt Towards Officials.
Section 192A.45 — Disrespect Towards Superior Commissioned Officer.
Section 192A.455 — Assaulting Or Willfully Disobeying Superior Commissioned Officer.
Section 192A.46 — Insubordinate Conduct Toward Warrant Officer Or Noncommissioned Officer.
Section 192A.465 — Failure To Obey Order Or Rule.
Section 192A.47 — Cruelty And Maltreatment.
Section 192A.475 — Mutiny Or Sedition.
Section 192A.48 — Resistance, Breach Of Arrest, And Escape.
Section 192A.485 — Releasing Prisoner Without Proper Authority.
Section 192A.49 — Unlawful Detention Of Another.
Section 192A.495 — Noncompliance With Procedural Rules.
Section 192A.50 — Misbehavior Before The Enemy.
Section 192A.51 — Improper Use Of Countersign.
Section 192A.515 — Forcing A Safeguard.
Section 192A.525 — Aiding The Enemy.
Section 192A.535 — False Official Statements.
Section 192A.54 — Military Property; Loss, Damage, Destruction, Or Wrongful Disposition.
Section 192A.545 — Property Other Than Military Property; Waste, Spoilage, Or Destruction.
Section 192A.55 — Improper Hazarding Of Vessel Or Aircraft.
Section 192A.555 — Driving While Under The Influence Or Reckless Driving.
Section 192A.566 — Illegal Presence Of Controlled Substance While In Duty Status.
Section 192A.57 — Malingering.
Section 192A.575 — Riot Or Breach Of Peace.
Section 192A.59 — Frauds Against The Government.
Section 192A.595 — Larceny And Wrongful Appropriation.
Section 192A.60 — Conduct Unbecoming An Officer.
Section 192A.6012 — Nonconsensual Distribution Of Intimate Images.
Section 192A.6013 — Fraudulent Use Of Credit Cards, Debit Cards, And Other Access Devices.
Section 192A.6014 — Unauthorized Use Of Government Computer.
Section 192A.6015 — Retaliation.
Section 192A.605 — General Article.
Section 192A.61 — Courts Of Inquiry.
Section 192A.612 — Search Warrants.
Section 192A.615 — Authority To Administer Oaths.
Section 192A.62 — Sections To Be Explained.
Section 192A.625 — Complaints Of Wrongs.
Section 192A.63 — Redress Of Injuries To Property.
Section 192A.635 — Execution Of Process And Sentence.
Section 192A.64 — Process Of Military Courts.
Section 192A.645 — Payment And Disposition Of Fines.
Section 192A.65 — Immunity For Action Of Military Courts.