Military Law And the Procedure of Courts-Martial

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Military Law And the Procedure of Courts-Martial
Edgar Swartwout Dudley
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The finding of the retiring board is in the nature of a recommendation and, until it is approved by the Presi- dent, no retirement can be ordered thereon.^ When ap- proved by the President the finding is conclusive as to the facts.* 513. The board finds the facts and the President ap- proves or disapproves the finding, but the law does not empower him to modify the finding or to substitute a different one. There is here a judicial power, vested in the two, and not in the President acting singly..., and when the power has been once fully exercised it is exhausted as to that case.^ The case cannot be re-opened, and if in- justice has been done relief can be afforded by Congress » A. R. 78. » Dig. Op. J. A. G. 2194.
» Sec. 1250, R. S. * Id. 2206.
» Dig. Op. J. A. G. 2206; see U. S. v. Burchard, 125 U. S. 179.
RETIREMENT— RETIRING BOARDS 233 alone.^ If the board should find the officer not incapaci- tated for active service, the President could not disapprove the proceedings and then retire him.^ 514.


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