Jurisdiction to try personnel

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26-1003. Jurisdiction to try personnel

A. Each person discharged from the national guard who is later charged with having fraudulently obtained the discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. On conviction of that charge the person is subject to trial by court-martial for all offenses in this code committed before the fraudulent discharge.

B. A person who has deserted from the national guard is subject to the jurisdiction of this code notwithstanding a separation from any later period of service.


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