Mississippi § 33-13-11 - Dismissal of commissioned officer.

Full text of Mississippi Mississippi Code of 1972 Annotated § 33-13-11 — Dismissal of commissioned officer., with citation guidance and answers to common questions.

§ 33-13-11. Dismissal of commissioned officer.

If any commissioned officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused he shall retain his status in the Mississippi military forces. If the Governor fails to convene a general court-martial within three (3) months from the presentation of an application for trial under this code, the Adjutant General of Mississippi, or his designee, acting on behalf of the Governor, shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue. If a discharge is substituted for a dismissal under this code, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes. If an officer is discharged from the state military forces by administrative action or by board proceedings under law, he has no right to trial under this section.

Source: official Mississippi text · Last verified 2026-08-27

Frequently Asked Questions About Mississippi § 33-13-11

What does Mississippi Code of 1972 Annotated § 33-13-11 cover?

Section 33-13-11 ("Dismissal of commissioned officer.") is part of the Mississippi Code of 1972 Annotated, the codified statutory law of Mississippi. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Mississippi § 33-13-11?

A common citation format is "Mississippi Code of 1972 Annotated § 33-13-11" (Mississippi). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Mississippi law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Mississippi official source linked on this page or consult a licensed Mississippi attorney.

How does Mississippi § 33-13-11 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Mississippi can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Mississippi.