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

Discharge obtained by fraud--desertion--separation from servicewhile proceedings are pending, jurisdiction of court.

40.007. 1. Each person subject to sections 40.005 to 40.490discharged from the state military forces who is later chargedwith having fraudulently obtained a discharge shall be subject tosection 40.141, shall be subject to trial by court-martial onthat charge and shall, after apprehension, be subject to sections40.005 to 40.490 while in the custody of the military for thattrial. Upon conviction of that charge such person is subject totrial by court-martial for all offenses under sections 40.005 to40.490 committed before the fraudulent discharge.

2. No person who has deserted from the state military forcesmay be relieved from amenability to the jurisdiction of sections40.005 to 40.490 by virtue of a separation from any subsequentperiod of service.

3. The fact that any person charged with an offense undersections 40.005 to 40.490 is separated from the service whileproceedings are pending or while undergoing sentence shall notaffect the jurisdiction of any court-martial.

(L. 1984 H.B. 1035 § 3)