39A-5-306. Bad conduct discharge or dismissal — Approval by governor.
| (1) |
A sentence imposing dismissal or bad conduct discharge against a member of the National Guard who is not in federal service may not be executed until it is approved by the governor. |
Terms Used In Utah Code 39A-5-306
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
| (2) |
A discharge or dismissal may not be imposed by any military court unless a complete written record of the proceedings has been made and is available for consideration of the military court. |
Renumbered and Amended by Chapter 373, 2022 General Session
