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(b) So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty. § 326. Courts-martial of National Guard not in Federal service; composition, jurisdiction, and procedures In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. § 327.
General courts-martial of National Guard not in Federal service (a) I n the National Guard not in Federal service, general courtsmartial may be convened by the President or by the governor of a State or Territory, Puerto Rico, or the Canal Zone, or by the commanding general of the National Guard of the District of Columbia. (b) A general court-martial may sentence to— (1) a fine of not more than feoo; (2) forfeiture of pay and allowances; (3) a reprimand; (4) dismissal or dishonorable discharge; (5) reduction of a noncommissioned officer to the ranks; or (6) any combination of these punishments. § 328. Special courts-martial of National Guard not in Federal service (a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. (b) A special court-martial may not try a commissioned officer. (c) A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special courtmartial may not be more than $100 for a single offense. § 329. Summary courts-martial of National Guard not in Federal service (a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal. (b) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks.
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