troops may be opposing shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years. ARTICLE II. Except as herein otherwise indicated punishments shall not exceed the limits prescribed in the following table: Offenses. Under seventeenth article of war. Selling accouterments.. Selling clothing Losing or spoiling horse or arms Losing or spoiling accouterments Under twenty-fourth article of war. Under thirty-first article of war. Less than 1 hour. From 1 to 6 hourst... From 6 to 12 hours. From 12 to 24 hours.. From 24 to 48 hours From 2 to 10 days.. From 10 to 30 days Limits of punishment. Dishonorable discharge, forfeiture of all pay Four months' confinement at hard labor and Two months' confinement at hard labor and Four months' confinement at hard labor and One month's confinement at hard labor and Six months' confinement at hard labor and Dishonorable discharge, with forfeiture of Forfeiture of $2; corporal, $3; sergeant, $4. Forfeiture of $1; corporal, $2; sergeant, $3; Forfeiture of $2; corporal, $3; sergeant, $4; Forfeiture of $3; corporal, $4; sergeant, $6; Forfeiture of $5; corporal, $6; sergeant, $7; Forfeiture of $6 and 5 days' confinement at Upon trial for desertion and conviction of absence without leave only, the court may, in addition to the limit prescribed for such absence, award a stoppage of the amount paid for apprehension. +Including first and excluding last. Offenses. Under thirty-second article of war continued. Absence without leave-continued. From 30 to 90 days.. Limits of punishment. Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto. For 90 or more than 90 days.... Dishonorable discharge and forfeiture of all pay and allowances and 6 months' confinement at hard labor. Under thirty-third article of war. Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant, $4. Forfeiture of $5; corporal, $8; sergeant, $10. Forfeiture of $2; corporal, $3; sergeant, $5. Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Forfeiture of $20. Forfeiture of $12; for noncommissioned officer, reduction and forfeiture of $20. Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Dishonorable discharge, forfeiture of all pay and allowances, and I year's confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. Limits of punishment. Offenses. Under sixty-second article of False swearing.... Robbery...... Larceny or embezzlement of property of the value of-* More than $100...... Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor. $100 or less and more than $50.. Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' confinement at hard labor. $50 or less and more than $20... Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' confinement $20 or less Fraudulent enlistment procured by false representation or concealment of a fact in regard to a prior enlistment or discharge or in regard to conviction of a civil or military crime. at hard labor. Fraudulent enlistment, other cases Dishonorable discharge, forfeiture of all pay of. Disobedience of orders, involving Introducing liquor into post or and allowances, and confinement at hard labor for 6 months. Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. One month's confinement at hard labor and forfeiture of $10; for noncommissioned officer, reduction in addition thereto. Forfeiture of $4; corporal, $5; sergeant, $6. Forfeiture of $3; for noncommissioned offi- Drunkenness at post or in quarters. Forfeiture of $3; for noncommissioned offi Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within 10 miles of his station. cer, reduction and forfeiture of $5. Forfeiture of $10 and 7 days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12. Noisy or disorderly conduct in Forfeiture of $4; corporal, $7; sergeant, $10. quarters. Abuse by noncommissioned officer of his authority over an inferior. Reduction, 3 months' confinement at hard labor, and forfeiture of $10 per month for the same period. Noncommissioned officer encour- Reduction and forfeiture of $5. aging gambling. Noncommissioned officer making Reduction, forfeiture of $8, and 10 days' con false report. Sentinel allowing a prisoner under his charge to escape through neglect. Sentinel willfully suffering pris oner ander his charge to escape. finement at hard labor. Six months' confinement at hard labor and forfeiture of $10 per month for the same period. Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor. *In specifications to charges of larceny or embezzlement the value of the property shall be stated. Offenses. Under sixty-second article of Sentinel allowing a prisoner un- Sentinel or member of guard Limits of punishment. Two months' confinement at hard labor and Two months' confinement at hard labor and Disrespect or affront to a sentinel.. Two months' confinement at hard labor and Resisting or disobeying sentinel forfeiture of $10 per month for the same Six months' confinement at hard labor and Lewd or indecent exposure of per- Three months' confinement at hard labor son and forfeiture of $10 per month for the ARTICLE III. SECTION I. When a soldier shall be convicted of an offense the punishment for which, as authorized by Article II of this order or the custom of the service, does not exceed that which an inferior court-martial may award, the punishment so authorized may be increased by one-half for every previous conviction of one or more offenses within eighteen months preceding the trial and during the current enlistment: Provided, That the increase of punishment for five or more previous convictions shall not exceed that thus authorized when there are four previous convictions, and that when one or more of such five or more previous convictions shall have been by general court-martial or when such convictions shall have occurred within one year preceding the trial the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months. When the conviction is of an offense punishable under Article II of this order or the custom of the service with a greater punishment than an inferior court-martial can award, but not punishable with dishonorable discharge, the sentence may on proof of five or more previous convictions within eighteen months and during the current enlistment impose dishonorable discharge and forfeiture of all pay and allowances in addition to the authorized confinement, and when this confinement is less than three months it may be increased to three months. When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, if he shall have been convicted of a military offense within a year and during the current enlistment, be sentenced to reduction in addition to the punishment already authorized. SEC. 2. In every case when an offense on trial before a court-martial is of a character admitting of the introduction of evidence of previous convictions and the accused is convicted the court, after determining its findings, will be opened for the purpose of ascertaining whether there is such evidence, and, if so, of hearing it. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, except in the cases of conviction by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary, garrison, or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence. ARTICLE IV. When a soldier shall on one arraignment be convicted of two or more offenses none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, but the aggregate term of confinement for which may exceed six months, dishonorable discharge with forfeiture of pay and allowances may be awarded in addition to the authorized confinement. ARTICLE V. This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases in which the severest punishment should be awarded. In other cases the punishment should be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service. ARTICLE VI. Summary courts are subject to the restrictions named in the eightythird article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, except when in particular cases restraint may be necessary. ARTICLE VII. The following substitutions for punishments named in Article II of this order are authorized at the discretion of the court: Two days' confinement at hard labor for $1 forfeiture; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 forfeiture: Provided, That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: And provided, That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Whenever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this article, the said courts have jurisdiction of such offense or offenses. M P-VOL VIII-42 |