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HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 3Art. 3§ 266 Deserter Restoration Requirements

§ 266 Deserter Restoration Requirements

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 266 Deserter Restoration Requirements

This law says that if a soldier is marked as a deserter, they can't just go back to work without dealing with the desertion charge first. They have to either go to trial, admit they deserted, or prove the charge was a mistake.

Key Takeaways

  • •If a soldier is called a deserter, they can't just go back to work like nothing happened.
  • •They have to fix the desertion charge by going to trial, admitting they deserted, or proving it was a mistake.
  • •This rule makes sure desertion charges are taken seriously and not ignored.

Example

A soldier leaves the army without permission and is marked as a deserter. Later, they want to come back.

The soldier can't just return to duty. They must either go to a military trial, admit they deserted in writing, or show that the desertion charge was wrong.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 266 Deserter Restoration Requirements

An enlisted person who has been dropped as a deserter shall not be restored to duty without prior disposition of the charge of desertion standing against them. The charge shall be disposed of by trial by court-martial; by restoration to duty, desertion admitted, upon a written application of the soldier admitting the desertion; or by the setting aside of the charge of desertion when it had been erroneously made. (Amended by Stats. 2024, Ch. 129, Sec. 23. (SB 1097) Effective January 1, 2025.)

Last verified: January 11, 2026

Key Terms

deserterrestored to dutycharge of desertioncourt-martialwritten applicationerroneously made

Related Statutes

  • § 267 Desertion Restoration Rules
  • § 263 Desertion By National Guard
  • § 264 Deserter Roll Removal Authority
  • § 250 Enlistment Qualification Requirements
  • § 251 Enlistment Oath Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 266.
View Official Source