Page:United States Statutes at Large Volume 62 Part 1.djvu/672

 642 PUBLIC LAWS-CH. 625-JUNE 24, 1948 [62 STAT. accused upon trial, and when so shown shall be considered in deter- mining the measure of punishment to be adjudged in the event of a finding of guilty." 41Stat. 9. SEC. 239. Article 108 is amended to read as follows: 10 V. 5. C. §1580; Supp. I,§ 1580 note. "ART. 108. SOLDIERS-SEPARATION FROM THE SERVICE.-No enlisted person, lawfully inducted into the military service of the United States, shall be discharged from said service without a certificate of discharge, and no enlisted person shall be discharged from said service before his term of service has expired, except in the manner prescribed by the Secretary of the Department of the Army, or by sentence of a general or special court-martial." 1 s.tas. 8C. SEC. 240. Article 110 is amended to read as follows: "ART. 110. CERTAIN ARTICLES OF WAR To BE READ OR EXPLAINED.- A, .S C.t R 143eq. Articles 1, 2, 24, 28, 29, 54 to 97, inclusive, 104 to 109, inclusive, and 121 eq.; 8upp. I, 11473 et shall be read or carefully explained to every soldier at the time of his Ku. notes. enlistment or muster in, or within six days thereafter, and shall be read or explained once every six months to the soldiers of every garri- son, regiment, or company m the service of the United States. And a complete text of the Articles of War and of the Manual for Courts- Martial shall be made available to any soldier, upon his request, for his personal examination." 41 tat. 811 . SIO. 241. Article 116 is amended to read as follows: U. S.C. "ART. 116 . POWERS OF ASSISTANT TRIAL JUDGE ADVOCATE AND OF ASSISTANT DEFENSE COUNSEL. -An assistant trial judge advocate of a general or special court-martial shall be competent to perform any duty devolved by law, regulation, or the custom of the service upon the trial judge advocate of the court. An assistant defense counsel shall be competent likewise to perform any duty devolved by law, regulation, or the custom of the service upon counsel for the accused." 1St.a. 8 159 EC. 242 . Article 117 is amended to read as follows: "ART. 117 . REMOVAL OF CIVI Surrs. - When any civil or criminal prosecution is commenced in any court of a State of the United States against any officer, soldier, or other person in the military service of the United States on account of any act done under color of his office or status, or in respect to which he claims any right, title, or authority under any law of the United States respecting the military forces thereof, or under the law of war, such suit or prosecution may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States in the district where the same is pending in the manner prescribed by law, and the cause shall there- upon be entered on the docket of such district court, which shall pro- ceed as if the cause had been originally commenced therein and shall have full power to hear and determine said cause." 41S. t . 811. SEm. 243. Section 1 of article 121 is amended to read as follows: "ABT. 121 . COMPLAINTS OF WRONos.-Any officer or soldier who believes himself wronged by his commanding officer, and, upon due application to such commander, is refused redress, may complain to the officer exercising general court-martial jurisdiction over the officer against whom the complaint is made. That officer shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Department of the Army a true statement of such complaint, with the proceedings had thereon." lective t . SEC. 244. This title shall become effective on the first day of the eighth calendar month after approval of this title. oresb. 245. All offenses committed and all penalties, forfeitures, fines, or liabilities incurred prior to the effective date of this title, under any law embraced in or modified, changed or repealed by this title may be prosecuted, punished, and enforced in the same manner and with the same effect as if this title had not been passed.

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