Military Instructors Manual Part 28

"Any officer or cadet convicted of unbecoming conduct shall be dismissed...."

Misconduct may be official or unofficial.

ARTICLE 96.

GENERAL ARTICLE, THE CATCH ALL:

Punishment: Court-martial.

"... all disorders and neglects to the prejudice of good military discipline.

All conduct of a nature to bring discredit upon the military service.

All crimes and offences not capital shall be taken cognizance of by (1) General, (2) Special, (3) Summary court-martials according to the nature and degree of the offense and punished....

Article of War 96 covers all crimes and is handy when no other Article of War fits. It is wise, however, to use this Article sparingly on Charges, finding if possible the exact Article necessary to cover the case at hand."

EXAMPLES.

PROBLEM 1:

Charge.--Violation of ---- Article of War.

Specification.--In that Private John Doe, Company C. 301st Regiment Infantry, did at Albany, New York, on or about September 15th, 1917, dress himself in the uniform of a 1st Lieutenant and attend a dance at Odd Fellows Hall.

(Signed) JOHN HANc.o.c.k, Captain, 301st Infantry.

Under what article of war, if any, does this belong?

PROBLEM 2:

Charge.--Violation of ---- and ---- Articles of War.

Specification.--In that Sergeant James Hopkins, Company H, 205th Infantry, did at Franconia, N.H., on or about July 4th return to barracks intoxicated.

In that Sergeant James Hopkins, moreover, refused to appear at reveille July 5th.

(Signed) WILLIAM HITCHc.o.c.k, Captain, 205th Infantry.

Under what articles of war do these offenses belong?

What kind of court-martial required?

PROBLEM 3:

Charge.--Violation of ---- Article of War.

Specification.--In that Captain George Jones, 125th Infantry did at Laconia, Maine, on or about August 20, 1917, make a speech in which he stated that the Reichstag of Germany was a more efficient and democratic body than the United States Congress.

(Signed) ALBERT SMITH, Major, 125th Infantry.

Under what article of war does this offense belong?

NO. ARTICLES OF WAR. PUNISHMENT.

54. Fraudulent enlistment Court martial 58. Desertion War: Death or court martial Peace: Except death 61. Absence without leave Court martial 62. Disrespect to Presidents Officer: Dismissal Vice-President, Secretary Soldier: Court martial of War, Congress, etc.

63. Disrespect to superior officer Court martial 64. a.s.saulting or disobeying Death or court martial superior officer 65. Insubordination to a Court martial non-commissioned officer 69. Arrest or confinement Officer: Dismissal of accused persons Soldier: Court martial 75. Misbehavior before the enemy Death or court martial 83. Loss, etc., military property Make good the loss and court martial 84. Loss of military property Court martial issued to soldiers 85. Drunk on duty { Officers-- { War: Dismissal { Peace: Court martial { Soldiers: Court martial 86. Misbehavior of sentinel { War: Death or { Peace: Court martial (except death) 93. Various crimes Court martial 94. Frauds against the Government Court martial 95. Conduct unbecoming an officer Dismissal 96. General article Court martial (General or special)

CHAPTER 7.

Notes on Army Regulations

1. OBEDIENCE required in the military service--strict and prompt.

2. AUTHORITY EXERCISED with firmness, kindness and justice--prompt and lawful punishment.

3. ABUSIVE LANGUAGE or conduct by superiors forbidden.

4. RESPECT TO SUPERIORS will be extended upon all occasions, whether on duty or not.

5. REMARKS BY OFFICERS or soldiers upon others in the military service, whether praise or censure, public or private, written or spoken, is prohibited. Any effort to affect legislation for a personal favor will be entered against a man's military record.

106. FURLOUGHS not granted to men about to be discharged. Not more than five per cent of a company shall be absent at one time.

109. MEN ON FURLOUGH may not leave the United States.

111. FOR MEN IN FOREIGN COUNTRIES furlough can begin on date of reaching United States.

113. No PAYMENTS made to men while on furlough. Arms not to be taken on furlough or while reporting sick.

(N.B.--There will unquestionably be a modification of this ruling, as the custom abroad is to have every man keep his complete equipment with him whenever possible.)

116. DESERTION. Property lost or destroyed will be charged against deserter.

117. ABANDONED CLOTHES turned over to Quartermaster. Personal effects sold and credited to United States.

121. REWARD OF $50 for apprehension and delivery of deserter or military prisoner.

127. COSTS OF APPREHENSION will be charged against deserter.

129. NO PAY OR CLOTHES drawn by soldier awaiting trial on charge of desertion.

131. WILL BE RESTORED to duty only by court martial or authority competent to order trial.

132. ABSENT WITHOUT LEAVE. Enlisted man forfeits all pay and allowances while away.