10 USC § 8329 - Officers not to be retired for misconduct

---
identifier: "/us/usc/t10/s8329"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8329 - Officers not to be retired for misconduct"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8329"
section_name: "Officers not to be retired for misconduct"
chapter_number: 841
chapter_name: "VOLUNTARY RETIREMENT"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6329; renumbered § 8329, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)"
---


# § 8329. Officers not to be retired for misconduct

No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate.

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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6329; renumbered § 8329, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6329 | 34 U.S.C. 385. | R.S. 1456. |
|  | 34 U.S.C. 626–1(a) (1st sentence). | Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68. |

The words “for which trial by court-martial would be appropriate” are substituted for the words “but he shall be brought to trial by court-martial for such misconduct”. The peremptory command in the source text is at variance with the theory of the Uniform Code of Military Justice and conflicts with the provisions of articles 30, 32, and 34. The substituted words are in accord with the interpretation placed on R.S. 1456 in  v. , 263 U.S. 29, 36 ().

## Editorial Notes

### Amendments

2018— renumbered  as this section.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .