Chapter 55 — MILITIA
214 sections in this chapter.
Neb. Rev. Stat. § 55-437 Reconsideration; revision.
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(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (2) Where there i…
Neb. Rev. Stat. § 55-438 Rehearing.
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(1) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves…
Neb. Rev. Stat. § 55-439 Approval by the convening authority.
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In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unl…
Neb. Rev. Stat. § 55-440 Disposition of records after review by the convening authority.
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When the convening authority has taken final action in a court-martial case, he shall send the entire record, including his action thereon and the opinion or opinions of the Staff Judge Advocate or legal officer, to the State Judge Advocate.
Neb. Rev. Stat. § 55-441 Court of Military Review; members; qualifications; appointment.
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The Adjutant General, upon the recommendation of the State Judge Advocate, shall appoint a Court of Military Review consisting of three members each to serve for a term of five years. The members shall be either civilians or commissioned officers of the military forces who are ad…
Neb. Rev. Stat. § 55-442 Court of Military Review; compensation.
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Members of the Court of Military Review shall be paid the sum of fifty dollars per day when sitting and in addition shall be reimbursed for all expenses incurred as provided in sections 81-1174 to 81-1177 for state employees.
Neb. Rev. Stat. § 55-443 Court of Military Review; powers.
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(1) The State Judge Advocate shall refer to the Court of Military Review the complete record of every case of trial by general or special court-martial within thirty days after receiving the record. The referral of the record in summary courts-martial shall be according to the ma…
Neb. Rev. Stat. § 55-444 Counsel for appellant; appointment.
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In every case coming before the Court of Military Review, the Court of Appeals, or the Nebraska Supreme Court under the Nebraska Code of Military Justice, the State Judge Advocate shall appoint counsel to represent the accused and such counsel shall be qualified under section 55-…
Neb. Rev. Stat. § 55-445 Review of cases; procedure.
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(1) The accused in cases reviewed by the Court of Military Review shall have thirty days from the time when he or she is notified of the decision of the Court of Military Review to petition the Court of Appeals for a review. Upon petition of the accused and for good cause shown, …
Neb. Rev. Stat. § 55-446 Sentence; execution.
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No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him.
Neb. Rev. Stat. § 55-447 Petition for new trial.
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At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition…
Neb. Rev. Stat. § 55-448 Principal, defined.
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Any person punishable under this code who: (1) Commits an offense punishable by the provisions of this code, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by him would be punishable by this code, is a p…
Neb. Rev. Stat. § 55-449 Restoration of rights, privileges, property.
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All rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a s…
Neb. Rev. Stat. § 55-450 Accessory after the fact, defined.
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Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-451 Conviction of lesser offense; when.
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An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
Neb. Rev. Stat. § 55-452 Attempt to commit an offense.
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(1) An act done with specific intent to commit an offense under the code, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense. (2) Any person subject to the code who attempts to commit any offense…
Neb. Rev. Stat. § 55-453 Conspiracy.
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Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-454 Solicitation for violation of code.
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Any person subject to this code who solicits or advises another or others to desert in violation of section 55-457 or mutiny in violation of section 55-466 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commi…
Neb. Rev. Stat. § 55-455 Fraudulent enlistment, appointment, or separation.
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Any person who: (1) Procures his own enlistment or appointment in the military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) Procures his own separat…
Neb. Rev. Stat. § 55-456 Unlawful enlistment, appointment, or separation.
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Any person subject to this code who effects an enlistment or appointment in or a separation from the military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be p…
Neb. Rev. Stat. § 55-457 Desertion.
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(1) Any member of the military forces who: (a) Without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; or (b) Quits his unit, organization, or place of duty with intent to avoid hazardous duty or to …
Neb. Rev. Stat. § 55-458 Absence without leave.
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Any member of the military forces who, without authority: (1) Fails to go to his appointed place of duty at the time prescribed; (2) Goes from that place; or (3) Absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the t…
Neb. Rev. Stat. § 55-459 Missing movement.
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Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-460 Contempt toward officials.
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Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of the Treasury of the United States, or the Governor or Legislature of any state, territory, …
Neb. Rev. Stat. § 55-461 Disrespect toward superior commissioned officer.
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Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-462 Superior commissioned officer; assaulting; willfully disobeying.
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Any person subject to this code who: (1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (2) Willfully disobeys a lawful command of his superior commissioned officer, shall…
Neb. Rev. Stat. § 55-463 Warrant officer, noncommissioned officer; insubordination.
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Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office; (2) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or (3) Treats with conte…
Neb. Rev. Stat. § 55-464 Failure to obey order or resolution.
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Any person subject to this code who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the military forces, which it is his duty to obey, fails to obey the order; or (3) Is derelict in the pe…
Neb. Rev. Stat. § 55-465 Cruelty; maltreatment.
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Any person subject to this code who is guilty of cruelty toward or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-466 Mutiny; sedition.
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(1) Any person subject to this code who: (a) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (b) With intent to cause the ove…
Neb. Rev. Stat. § 55-467 Resistance; breach of arrest; escape.
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Any person subject to this code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-468 Seizure of abandoned property.
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(1) All persons subject to this code shall give notice and turn over to the proper authority without delay all abandoned property in their possession, custody or control. (2) Any person subject to this code who: (a) Fails to carry out the duties prescribed in subsection (1) of th…
Neb. Rev. Stat. § 55-469 Military property of United States; loss, damage, destruction, or wrongful disposition.
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Any person subject to this code who, without proper authority: (1) Sells or otherwise disposes of; (2) Willfully or through neglect damages, destroys, or loses; or (3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of, any milita…
Neb. Rev. Stat. § 55-470 Drunk or reckless driving.
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Any person subject to this code who operates any vehicle while under the influence of alcoholic liquor or any drug, or in a reckless or wanton manner, shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-471 Alcoholic liquor; drugs; consumption on duty.
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Any person subject to this code who is found under the influence of alcoholic liquor or any drug while on duty, shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-472 Misbehavior of sentinel.
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Any sentinel or lookout who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-473 Malingering.
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Any person subject to this code who for the purpose of avoiding work, duty or service: (1) Feigns illness, physical disablement, mental lapse or derangement; or (2) Intentionally inflicts self-injury, shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-474 Riot or breach of peace.
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Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-475 Provoking speeches or gestures.
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Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-476 Perjury.
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Any person subject to this code who in a judicial proceeding or in a court of justice willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury…
Neb. Rev. Stat. § 55-477 Conduct unbecoming an officer and a gentleman.
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Any commissioned officer or cadet, who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Neb. Rev. Stat. § 55-478 Obtaining property unlawfully.
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Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind with intent permanently or temporarily to deprive or defraud another pe…
Neb. Rev. Stat. § 55-479 Forgery.
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Any person subject to this code who, with intent to defraud: (1) Falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or (2) Utters, o…
Neb. Rev. Stat. § 55-480 Disorders and prejudice of good order and discipline.
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Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces and crimes and offenses not capital, of which persons subject to this cod…
Neb. Rev. Stat. § 55-481 Summarized administrative discipline for minor offenses; procedure; appeal; notice; contents.
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(1) Any commanding officer, with regard to enlisted members, and any general officer, with regard to officers, may issue summarized administrative discipline for minor offenses. A minor offense shall be any offense which, under the Uniform Code of Military Justice of the United S…
Neb. Rev. Stat. § 55-501 Act, how cited.
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Sections 55-501 to 55-507 shall be known and may be cited as the Family Military Leave Act.
Neb. Rev. Stat. § 55-502 Terms, defined.
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For purposes of the Family Military Leave Act: (1) Employee means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. Employee does include an independent contractor. Employee inc…
Neb. Rev. Stat. § 55-503 Family military leave authorized; conditions.
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(1) Any employer that employs between fifteen and fifty employees shall provide up to fifteen days of unpaid family military leave to an employee during the time federal or state deployment orders are in effect, subject to the conditions set forth in this section. (2) An employer…
Neb. Rev. Stat. § 55-504 Employee exercising right to family military leave; rights; continuation of benefits.
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(1) Any employee who exercises the right to family military leave under the Family Military Leave Act, upon expiration of the leave, shall be entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent sen…
Neb. Rev. Stat. § 55-505 Loss of certain employee benefits prohibited; act; how construed.
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(1) Taking family military leave under the Family Military Leave Act shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. (2) Nothing in the act shall be construed to affect an employer's obligation to comply with any collecti…