Page:United States Statutes at Large Volume 70A.djvu/122

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64 (b) If a previously executed sentence of dishonorable or badconduct discharge is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment. (c) If a previously executed sentence of dismissal is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the President alone to such commissioned grade and with such rank as in the opinion of the President that former officer would havo attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances. § 876. Art. 76. Finality of proceedings, findings, and sentences The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courtsmartial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74), and the authority of the President. SUBCHAPTER X.—PUNITIVE AKTICLES Sec. Art.

877. 878. 879. 880. 881. 882. 883. 884. 885. 886. 887. 888. 889. 890. 891. 892. 893. 894. 895. 896. 897. 898. 899^

77. Principals. 78. Accessory after the fact. 79. Conviction of lesser included offense. 80. Attempts. 81. Conspiracy. 82. Solicitation. 83. Fraudulent enlistment, appointment, or separation. 84. Unlawful enlistment, appointment, or separation. 85. Desertion. 86. Absence without leave. 87. Missing movement. 88. Contempt toward officials. 89. Disrespect toward superior commissioned officer. 90. Assaulting or willfully disobeying superior commissioned officer. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. 92. Failure to obey order or regulation. 93. Cruelty and maltreatment. 94. Mutiny or sedition. 95. Resistance, breach of arrest, and escape. 96. Releasing prisoner without proper authority. 97. Unlawful detention. 98. Noncompliance with procedural rules. 99- Misbehavior before the enemy.