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HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 3Art. 3§ 267 Desertion Restoration Rules

§ 267 Desertion Restoration Rules

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

§ 267 Desertion Restoration Rules

This law says a soldier who ran away can only be put back to work after a trial, unless the governor or a special officer does it, and even then the desertion charge stays on his record and any penalties still apply.

Key Takeaways

  • •A deserter must have a trial before being returned to duty, except in limited cases.
  • •Even if restored without trial, the desertion charge and any penalties stay.
  • •If a desertion charge is dismissed as a mistake, the charge and its penalties are removed.

Example

A soldier leaves his unit and goes home without permission.

He cannot just be sent back to his unit without a hearing. Only the governor or a special officer can let him return, and even then the desertion charge remains and any punishments like losing pay still apply.

How to Calculate

No numeric formula is provided in the statute

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

Official Source
View on CA.gov

§ 267 Desertion Restoration Rules

A deserter shall not be restored to duty without trial except by the Governor or by an officer authorized to appoint a general court-martial. Restoration to duty without trial shall not remove the charge of desertion or relieve the enlisted person from any of the forfeitures attached to that offense. Setting aside a charge of desertion as having been erroneously made shall remove the charge of desertion and all stoppages and forfeitures arising therefrom. (Amended by Stats. 2018, Ch. 118, Sec. 17. (SB 1501) Effective January 1, 2019.)

Last verified: January 11, 2026

Key Terms

deserterrestored to duty without trialGovernorgeneral court-martialcharge of desertionforfeitureserroneously made

Related Statutes

  • § 266 Deserter Restoration Requirements
  • § 237 Officer Dismissal Procedure
  • § 256 California National Guard Retirement
  • § 258 Emergency Retired Military Recall
  • § 263 Desertion By National Guard

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 267.
View Official Source