10 U.S.C. § 639
Continuation on active duty to complete disciplinary action
When any action has been commenced against an officer with a view to trying such officer by court-martial and such officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action.
Notes of Decisions
Cited in 2
cases, 2002–2007 · leading case: Fricke v. Sec'y of the Navy, 509 F.3d 1287 (10th Cir. 2007).
Fricke v. Sec'y of the Navy, 509 F.3d 1287 (10th Cir. 2007). “The court also concluded that Petitioner was not entitled to relief on the merits of his claim because he had not actually been discharged from military service and, moreover, because 10 U.”
Loeh v. United States, 53 Fed. Cl. 2 (Fed. Cl. 2002). “This mandate, however, is qualified by 10 U.S.C. § 639 , which provides that the Secretary may delay retirement pending completion of a court-martial.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.