Missouri Revised Statutes
Chapter 40 - Military Justice
Section 40.010 - Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when.

Effective - 28 Aug 1984
40.010. Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when. — 1. Any commissioned officer subject to sections 40.005 to 40.490, dismissed by order of the governor, may make a written application for trial by court-martial setting forth, under oath, that he has been wrongfully dismissed. In such event, the governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which he was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he 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.
2. If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
3. If a discharge is substituted for a dismissal under sections 40.005 to 40.490, the governor alone may reappoint the officer to the grade and rank as that former officer would have attained had the 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 the time between the dismissal and the reappointment shall be considered as actual service for all state purposes.
4. If an officer is discharged from the state military forces 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.
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(L. 1984 H.B. 1035 § 4)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title V - Military Affairs and Police

Chapter 40 - Military Justice

Section 40.005 - Definitions — law applicable to all state military forces not in federal service.

Section 40.007 - Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court.

Section 40.010 - Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when.

Section 40.015 - Jurisdiction of military courts.

Section 40.017 - State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions.

Section 40.020 - Apprehension defined — authority to apprehend, when.

Section 40.023 - Absent without leave, authority to apprehend — offender outside state, procedure.

Section 40.025 - Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer.

Section 40.030 - Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when.

Section 40.035 - Confinement, where.

Section 40.036 - Jails and prisons required to keep prisoners, when — official's duties.

Section 40.038 - Confinement requirements — other punishment prohibited — exception.

Section 40.040 - Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when.

Section 40.043 - Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial.

Section 40.050 - Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction.

Section 40.055 - General courts-martial, jurisdiction — punishment.

Section 40.060 - Special courts-martial, jurisdiction — punishment — exceptions.

Section 40.065 - Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial.

Section 40.070 - Discharges or dismissals by courts-martial, requirements — governor's approval required.

Section 40.075 - Sentence to confinement at one dollar a day instead of fine — limitations.

Section 40.079 - Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when.

Section 40.083 - Convening general courts-martial, persons authorized.

Section 40.085 - Convening special courts-martial, persons authorized.

Section 40.088 - Convening summary courts-martial, persons authorized.

Section 40.090 - Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons.

Section 40.095 - Military judge — appointment — qualifications — duties — restrictions.

Section 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.

Section 40.100 - Court reporters, appointment, when.

Section 40.105 - Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure.

Section 40.108 - Charges — contents — oath — accused to be informed.

Section 40.112 - Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence.

Section 40.114 - Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure.

Section 40.117 - Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements.

Section 40.119 - Referring charges for trial requirements to be met in general court-martial.

Section 40.121 - Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial.

Section 40.124 - Procedure in military courts.

Section 40.126 - Attempts to influence or coerce court prohibited — exceptions.

Section 40.128 - Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties.

Section 40.130 - Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members.

Section 40.133 - Continuances, granted, when.

Section 40.135 - Challenges, general or special court-martial.

Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters.

Section 40.141 - Time limitation to bring action — war time, certain offenses no limitation — computation.

Section 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.

Section 40.148 - Not guilty plea, entered when.

Section 40.150 - Witnesses and evidence, authority to obtain.

Section 40.153 - Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute.

Section 40.155 - Contempt, authority of military court — penalties.

Section 40.157 - Depositions authorized, when — procedure — exception — admitted into evidence, when.

Section 40.160 - Sworn testimony in court of inquiry, record admissible in evidence, when — exception.

Section 40.165 - Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law.

Section 40.168 - Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect.

Section 40.170 - Sentence and findings announced, when.

Section 40.173 - Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when.

Section 40.175 - Cruel and unusual punishment prohibited.

Section 40.178 - Punishment, governor may prescribe limits.

Section 40.180 - Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when.

Section 40.183 - Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized.

Section 40.185 - Sentence, convening authority may approve, suspend or commute.

Section 40.190 - Trial record review by reviewing authority.

Section 40.193 - Opinion on general court-martial — drafted by whom — acquittal, limitations.

Section 40.195 - Record returned for reconsideration, when.

Section 40.198 - Rehearing limitations — dismissal of charges, when.

Section 40.200 - Sentence, approval by convening authority — powers.

Section 40.203 - Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial.

Section 40.205 - Record of trial examined by judge advocate — board of review to review, when.

Section 40.208 - Boards of review — appointment — membership — qualifications — powers and duties.

Section 40.210 - Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.

Section 40.214 - Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications.

Section 40.216 - Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers.

Section 40.218 - Probationer, violations — hearing, rights of probationer to counsel — procedure.

Section 40.220 - New trial, petition by accused when, grounds — time limitation.

Section 40.225 - Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when.

Section 40.228 - Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.

Section 40.230 - Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts.

Section 40.231 - Appeals from final decisions, how made.

Section 40.234 - Duty status required for conviction on certain offenses.

Section 40.237 - Principal in actions defined.

Section 40.240 - Assists offender, how punished.

Section 40.245 - Attempt to commit offense may be part of offense.

Section 40.250 - Attempt to commit offense even though failing in commission is offense, when.

Section 40.255 - Conspirators, deemed to have committed offense, when.

Section 40.260 - Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment.

Section 40.265 - False representation to procure enlistment — appointment — separation — court-martial proceedings.

Section 40.270 - Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial.

Section 40.273 - Desertion, defined — punishment by court-martial.

Section 40.276 - Absent from place of duty — court-martial.

Section 40.278 - Missing ship, aircraft or unit — court-martial.

Section 40.280 - Contemptuous words, used against certain officials — court-martial.

Section 40.285 - Disrespect to superior commissioned officer — court-martial.

Section 40.290 - Violence or willfully disobeying command of superior commissioned officer.

Section 40.295 - Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when.

Section 40.300 - Orders — failure or dereliction in obeying — court-martial.

Section 40.305 - Cruelty or maltreatment of persons subject to his orders — court-martial.

Section 40.307 - Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial.

Section 40.310 - Arrest, resists or breaks — escape from confinement — court-martial.

Section 40.312 - Escape by neglect or improper release of prisoners — court-martial.

Section 40.315 - False apprehension, arrest, confinement — court-martial.

Section 40.320 - Delay in case — failure to enforce regulation of proceedings — court-martial.

Section 40.325 - Hostile force, in presence of, commits certain offenses — court-martial.

Section 40.328 - Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial.

Section 40.330 - Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial.

Section 40.335 - Forcing a safeguard, court-martial.

Section 40.340 - Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial.

Section 40.350 - Hostile forces, aid — court-martial.

Section 40.355 - Hostile forces, capture — conduct improper — court-martial.

Section 40.360 - Signs official documents with intent to deceive — court-martial.

Section 40.365 - Military property — sells, neglects, damages, destroys, loses — court-martial.

Section 40.370 - Property, not military — willfully, recklessly wastes or spoils — court-martial.

Section 40.375 - Hazarding vessels of the United States or state, causing to be hazarded — court-martial.

Section 40.380 - Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial.

Section 40.385 - Fighting — promoting a fight or duel, failure to report — court-martial.

Section 40.387 - Avoiding work, duty or service — court-martial.

Section 40.390 - Riot or breach of the peace, causing or participating — court-martial.

Section 40.395 - Provocative gestures or words, constituting a threat of violence — court-martial.

Section 40.398 - Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial.

Section 40.400 - False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial.

Section 40.405 - Larceny or wrongful appropriation of property — court-martial.

Section 40.408 - Officer's conduct, unbecoming to an officer and a gentleman — court-martial.

Section 40.410 - Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial.

Section 40.415 - Military property, purchasing or receiving in pawn or pledge — court-martial.

Section 40.420 - Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records.

Section 40.425 - Oaths, persons having authority to administer.

Section 40.430 - Military justice — certain sections explained to enlisted members, when — complete text to be available on request.

Section 40.435 - Complaints against commanding officer, procedure.

Section 40.440 - Property of person damaged or taken, board convened to investigate, procedure.

Section 40.445 - Processes and sentences of courts-martial executed by civil officers, fees, how paid.

Section 40.450 - Process or mandates, authority to issue.

Section 40.455 - Fines and costs imposed by military court, how paid.

Section 40.460 - Civilian officers to execute required duties, failure to perform, penalty.

Section 40.465 - Actions against convening authority or member of court, prohibited, when.

Section 40.470 - Jurisdiction presumed, burden of proof.

Section 40.475 - Governor's powers to delegate authority — exception.

Section 40.480 - Purpose of military laws.

Section 40.485 - Expenses, per diems, transportation for military personnel and civilians required to participate, how paid.

Section 40.490 - Reemployment rights of persons ordered to active duty — attorney general to enforce rights.

Section 40.495 - Severability of sections.