Jurisdiction to try certain personnel

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  1. (a) Jurisdiction of courts-martial shall be coextensive with the jurisdiction provided for similar courts of the United States Army and United States Air Force while accounting for the differences in the types of duty status of members of the organized militia.

  2. (b)

    1. (1) A person discharged from the organized militia who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial under this code.

    2. (2) A person convicted under subdivision (b)(1) of this section is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

  3. (c) No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.


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