Page:United States Statutes at Large Volume 70A.djvu/97

39 39 grade and with such rank as, in the opinion of the President, that former officer would have 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. (d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the President, he has no right to trial under this article. § 805. Art. 5. Territorial applicability of this chapter This chapter applies in all places. § 806. Art. 6. Judge advocates and legal officers (a) The assignment for duty of all judge advocates of the Army and Air Force and law specialists of the Navy and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The Judge Advocate General or senior members of his staff shall make frequent inspections in the field in supervision of the administration of military justice. (b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General. (c) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case. SUBCILiPTER Sec. 807. 808. 809. 810. 811. 812. 81.3. 814.

II.—APPEEHENSION

AND

RESTRAINT

Art. 7. Apprehension. 8. Apprehension of deserters. 9. Imposition of restraint. 10. Restraint of persons charged with offenses. 11. Reports and receiving of prisoners. 12. Confinement with enemy prisoners prohibited. 13. Punishment prohibited before trial. 14. Delivery of offenders to civil authorities.

§ 807. Art. 7. Apprehension (a) Apprehension is the taking of a person into custody. (b) Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein. 81913 O—56

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