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

MISSOURI STATUTES AND CODES

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

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

40.010. 1. Any commissioned officer subject to sections40.005 to 40.490, dismissed by order of the governor, may make awritten application for trial by court-martial setting forth,under oath, that he has been wrongfully dismissed. In suchevent, the governor, as soon as practicable, shall convene ageneral court-martial to try such officer on the charges on whichhe was dismissed. A court-martial so convened shall havejurisdiction to try the dismissed officer on such charge, and heshall be considered to have waived the right to plead any statuteof limitations applicable to any offense with which he ischarged. The court-martial may, as part of its sentence, adjudgethe affirmance of the dismissal, but if the court-martial acquitsthe accused or if the sentence adjudged, as finally approved oraffirmed, does not include dismissal, the adjutant general shallsubstitute for the dismissal ordered by the governor a form ofdischarge authorized for administrative issue.

2. If the governor fails to convene a general court-martialwithin six months from the presentation of an application fortrial under this section, the adjutant general shall substitutefor the dismissal ordered by the governor a form of dischargeauthorized for administrative issue.

3. If a discharge is substituted for a dismissal undersections 40.005 to 40.490, the governor alone may reappoint theofficer to the grade and rank as that former officer would haveattained had the officer not been dismissed. The reappointmentof such a former officer may be made only if a vacancy isavailable under applicable tables of organization. All the timebetween the dismissal and the reappointment shall be consideredas actual service for all state purposes.

4. If an officer is discharged from the state militaryforces by administrative action or by board proceedings under lawor is dropped from the rolls by order of the governor, theofficer has no right to trial under this section.