Subdivision 1.General rule.

Any person subject to this code who:

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Terms Used In Minnesota Statutes 192A.43

  • Code: means this chapter;

    (4) "Commanding officer" means a commissioned officer who is in command of any unit;

    (5) "Commissioned officer" includes a commissioned warrant officer;

    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;

    (7) "Enlisted member" means a person in an enlisted grade;

    (8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015

  • Commissioned officer: includes a commissioned warrant officer;

    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;

    (7) "Enlisted member" means a person in an enlisted grade;

    (8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015

  • Military: refers to any or all of the armed forces of the United States or any state;

    (13) "Military court" means a court-martial, a court of inquiry;

    (14) "Officer" means commissioned or warrant officer;

    (15) "Rank" means the order of precedence among members of the state military forces;

    (16) "Shall" is used in a mandatory sense;

    (17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015

  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • State military forces: means the National Guard of the state, as defined in United States Code, title 32, § 101(3) and any other military force organized under the laws of the state;

    (19) "Superior commissioned officer" means a commissioned officer superior in rank and command. See Minnesota Statutes 192A.015

(1) without authority goes or remains absent from that member’s unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits that member’s unit, organization, or place of duty with intent to avoid hazardous duty or to shirk service; or

(3) without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that that member has not been regularly separated;

shall be punished as a court-martial may direct.

Subd. 2.Officers after resignation.

Any commissioned officer of the state military forces who, after tender of the officer’s resignation and before notice of its acceptance, quits the post or proper duties without leave and with intent to remain away therefrom permanently shall be punished as a court-martial may direct.

Subd. 3.

[Repealed, 2002 c 308 s 71]