Military Instructors Manual Part 26

ARTICLE 54.

FRAUDULENT ENLISTMENT:

Punishment: Court Martial.

"Any person procuring himself to be enlisted by means of willful misrepresentation or concealment as to his qualifications for enlistment and shall receive pay or allowance," ...

This offense requires two (2) steps: (1) Misrepresentation or concealment.

(2) Receiving pay or allowances.

ARTICLE 58.

DESERTION:

Punishment: (Wartime) Death or Court Martial. (Peacetime) Court Martial.

"Any person--who deserts or attempts to desert in time of War ... death or such other punishment as the court martial may direct ... any other time any punishment except death."

Essential features are: (1) An intent not to return.

(2) An overt act of separation from duty.

Drunkenness tends to show absence of the intent.

Minority is no defense.

Enlistment while in desertion does not remove the charge of desertion.

ARTICLE 61.

ABSENCE WITHOUT LEAVE:

Punishment: Court Martial.

"Any person who fails to repair at the fixed time to duty, or goes from same without leave of absence, or absents himself from his command, guard, quarters, station or camp without proper leave...."

Does not require to prove intent, yet persons ignorant of military law, drunk or victims of mistake are dealt with gently.

ARTICLE 62.

DISRESPECT TOWARD PRESIDENT, VICE-PRESIDENT, CONGRESS, SECRETARY OF WAR, GOVERNORS, LEGISLATURES:

Punishment: (Officer) Dismissal from the service, (Soldier) Court martial.

"Any officer who uses contemptuous or disrespectful words against the President, etc.... any other person subject to military law who so offends."

Contemptuous language is objectionable and liable to court martial whether (1) Used in public or private.

(2) In official or private capacity.

(3) Written or spoken.

(4) True or untrue.

ARTICLE 63.

DISRESPECT TOWARD A SUPERIOR OFFICER:

Punishment: Court-martial.

"Any person subject to military law who behaves himself with disrespect toward his superior officer...."

Unlike Article 62, disrespect toward a superior officer requires no words--acting or neglecting to act (such as rudeness or failure to salute) are enough.

ARTICLE 64.

a.s.sAULTING OR WILLFULLY DISOBEYING SUPERIOR OFFICER:

Punishment: Death or court-martial.

(1) "Any person subject to military law who on any pretense whatsoever, strikes his superior officer--lifts a weapon, or offers violence against him, being in the execution of his office."

(2) "Or willfully disobeys any lawful command of his superior officer."

Drunkenness here tends to show absence of the essential willfullness.

Self defense is not forbidden nor violence to suppress mutiny.

ARTICLE 65.

INSUBORDINATE CONDUCT TOWARD A NON-COMMISSIONED OFFICER:

Punishment: Court-martial.

(1) "Any soldier who a.s.saults or attempts or threatens to strike or a.s.sault."

(2) "Or willfully disobeys the lawful order of a non-commissioned officer while in the execution of his office."

(3) "Or uses threatening or insulting language."

(4) "Or behaves in an insubordinate or disrespectful manner."

Drunkenness will not have the effect here of showing an absence of willfullness.

ARTICLE 68.

DISORDERS:

Punishment: Court-martial.

"All officers and non-commissioned officers have power to quell disorders and to order officers who take part in the same into arrest, and other persons into arrest or confinement.

Whosoever, being so ordered: (1) Refuses to obey.

(2) Draws a weapon.

(3) Otherwise threatens or does violence shall be punished."

This is one instance (except a.w., 67, mutiny) where even a corporal might order a general into arrest.

This is the only instance: (1) Where anyone other than a commissioned officer can put an officer under arrest.

(2) Where anyone other than an officer can order, arrest or confinement of a soldier except on power given by C.O.

ARTICLE 69.