Discharge Fraudulently Obtained

  1. Law
  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Military Affairs
  5. Code of Military Justice
  6. General Provisions
  7. Discharge Fraudulently Obtained

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  1. Each person discharged from the organized militia who is later charged with having fraudulently obtained such discharge shall be, subject to Code Section 38-2-1043, subject to trial by court-martial on that charge and is, after apprehension, subject to this article while in custody under the direction of the organized militia for that trial. Upon conviction of such charge, such person shall be subject to trial by court-martial for all offenses under this article committed prior to the fraudulent discharge.
  2. No person who has deserted from the organized militia shall be relieved from amenability to the jurisdiction of this article by virtue of a separation from any later period of service.

(Code 1981, §38-2-1003, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, § 199.

ALR.

- Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R. 1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.


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