The fact that a general prisoner is at the time of sentence in the status of a general prisoner under suspended sentence of dishonorable discharge does not prevent the imposition of dishonorable discharge and other forms of punishment, but if the general prisoner is not in such status the imposition of any form of punishment other than confinement at hard labor would in general be futile.
5. Reprimand; admonition.--There is no restriction either as to the court which may impose these punishments or as to the persons subject to military law on whom they may be imposed, but the court will not fix the terms or wording of the reprimand or admonition.

6. Restriction to limits.--This form of punishment is rather a deprivation of privileges than confinement. There is no restriction either as to the court which may impose this punishment or as to the persons subject to military law on whom it may be imposed, but it will not be imposed in excess of three months and will not in any event operate to exempt the person on whom it is imposed from any military duty.

7. Forfeiture; fines; detention of pay.--To be effective any forfeiture, fine, or detention intended must be imposed in express terms. Forfeiture of pay, without mention of allowances, does not affect allowances, and vice versa. Fines and forfeitures accrue to the United States and can not be imposed by sentence of court-martial for the benefit of any individual. A court-martial has no authority to provide by stoppage, ,assignment, or otherwise, for the settlement of any pecuniary liability whatever, including any liability to the Government and any liability to a government agency, such as a company fund. Forfeitures of deposits or of the interest thereon can not be imposed by sentence of a court-martial. A sentence requiring a deposit or contribution of pay or other funds is illegal. See, generally, as to forfeitures, Army Regulations relating to the Finance Department, particularly AR 35-2460 (Court-martial forfeitures--enlisted men).

   Fine is expressly recognized as a form of punishment in A.W. 80 and A.W. 94. Detention of pay will not be imposed by sentence of a court-martial except on enlisted men of the Army.

8. Loss of rank; loss of promotion; suspension from rank, command, or duty.--Loss of rank is accomplished by a sentence directing that the accused be reduced in rank a certain number of files, or that he be reduced in rank to the foot of the list of officers of his grade, or that he be reduced in rank so that he shall be and remain at the foot of the list of his grade for a certain length of time.

   Loss of promotion is, if the name of the accused is on the promotion list, accomplished by a sentence directing that the accused be reduced on the promotion list a certain number of files. If the

accused is entitled to promotion after a certain period of service, the sentence should direct that he be suspended from promotion for a certain length of time after his promotion would otherwise be due.

Suspension from rank includes suspension from command. It does not affect an officer's right to promotion nor his right to rise in files, but renders him ineligible to sit as a member of a court-martial, court of inquiry, or military board, and deprives him of privileges depending on rank, such as any priority dependent on rank in the selection of quarters.

Suspension from command merely deprives the officer of authority to exercise military command, and consequently of his authority to give orders to his juniors and to perform any duty involving the exercise of command. It does not affect an officer's right to pro-motion.

Suspension from duty is analogous to suspension from command and is particularly appropriate in the case of an officer assigned to a purely administrative duty not involving the exercise of military command.

9. Confinement at hard labor; hard labor.--Confinement "without hard labor" will not be imposed. See A.W. 37 as to effect of a failure to couple hard labor with confinement. The place of confinement mill not be, designated by the court.

   Hard labor without confinement will not be imposed in excess of three months.

   Hard labor without confinement, imposed as a punishment by court-martial, shall be performed in addition to other duties which fall to the soldier; and no soldier shall be excused or relieved from any military duty for the purpose of performing such hard labor. A sentence imposing hard labor shall be considered as satisfied when the soldier shall have performed hard labor during available time in addition to performing his military duties.

104. COURTS-MARTIAL--PUNISHMENTS--Maximum Limits of Punishments.

     1. Persons and offenses.--The limits prescribed herein (104) will be applied by courts-martial in cases of enlisted men only, excluding aviation cadets and including general prisoners not dishonorably discharged provided that the punishment in any case for an offense committed before the date this manual became effective will not exceed either any applicable limit prescribed in this manual or any applicable limit operative on the day before this manual became effective.

     2. General limitations.--The limitations herein (104) do not exclude any other applicable limitations; for example, those set forth in 102 and 103.

A court shall not, by a single sentence which does not include dishonorable discharge, adjudge against an accused:

Forfeiture of pay at a rate greater than two-thirds of his pay per month.

Forfeiture of pay in an amount greater than two-thirds of his pay for six months.

Confinement at hard labor for a period greater than six months.

A court shall not, by a single sentence, adjudge against an accused:

Detention of pay at a rate greater than two-thirds of his pay per month.

Detention of pay in an amount greater than two-thirds of his pay for three months.

In the execution of a single sentence not including dishonorable discharge, and in the execution of two or more concurrent sentences against the same accused, none of which includes dishonorable discharge, any forfeiture or forfeitures of pay, included in the sentence or sentences shall be applied, together with other authorized stoppages or deductions, if any, excepting such as are made at the request of the accused, so as not to deprive the accused of more than two-thirds of his pay for any month.

3. Maximum punishments.-The punishment stated opposite each offense listed in the table below is hereby prescribed as the maximum limit of punishment for that offense, for any included offense if not so listed, and for any offense closely related to either, if not so listed. Offenses not thus provided for remain punishable as authorized by statute or by the custom of the service.

   The description of each offense listed must be construed in connection with the Article of War under which such offense is listed.

   Subject to all applicable limitations, substitution for the punishments specified are authorized, at the discretion of the court, at the following rates, unless dishonorable discharge is imposed:

   Forfeiture	Confinement at hard labor	Detention	Hard labor without confinement	Restriction to limits
   1 day's pay	1 day	11/2 day's pay	11/2 days	3 days

   In computing what the maximum amount of forfeiture is in dollars and cents (see forms of sentences, App. 9) the soldier's base pay (of the reduced grade if the sentence carry a reduction) plus pay for length of service will be taken as the basis. The term "base pay" comprehends no element of pay other than the minimum base pay of the grade or class within grade as fixed by statute and does not include specialists' pay or extra pay for any special qualification in the use of arms or incident to an award of a decoration of honor. In computing time of absence without leave any one continuous period

of absence found that totals not more than 24 hours is counted as a day; any such period found that totals more than 24 hours and not more than 45 hours is counted as two days, and so on. The hours of departure and return on different dates are assumed to be the same if both are not found.

In determining the maximum punishment for two or more separate and distinct, but like, offenses against property, values as found in different specifications can not be aggregated.

Table of maximum punishments
SECTION A

Article of War	Offenses	Punishments
		Dishonorable discharge, forfeiture of all pay and allowances due and to become due	Confinement at hard labor not to exceed--			Forfeiture of two-thirds pay per month, not to exceed--	Forfeiture of pay not to exceed--
			Years	Months	Days	Months	Days
54	Enlistment, fraudulent:
	Procured by means of willful misrepresentation or concealment of a fact in regard to a prior enlistment or discharge, or in regard to a conviction of a civil or military offense, or in regard to imprisonment under sentence of a court.	Yes	1
	Other cases of	Yes		6
58	Attempting to desert:
	After not more than 6 months in service.	Yes		6
	After more than 6 months in service.	Yes		9
	In execution of a conspiracy or in the presence of an unlawful assemblage which the troops may be opposing.	Yes	3
	Desertion:
	Terminated by apprehension--
	Not more than 6 months in service at time of desertion.	Yes	11/2
	More than 6 months in service at time of desertion.	Yes	21/2
	Terminated by surrender--
	After absence of not more than 60 days.	Yes	1
	After absence of more than 60 days.	Yes	11/2
	In the execution of a conspiracy or in the presence of an unlawful assemblage which the troops may be opposing.	Yes	5
59	Advising another to desert.			6		6
	Assisting knowingly, or persuading another to desert.	Yes	1
61	Absence without leave:
	From command, quarters, station, or camp--
	For not more than 60 days, for each day or fraction of a day of absence.				3		2
	For more than 60 days	Yes		6
	From guard--
	For not more than 1 hour						15
	For more than 1 hour			3		3
	With intent to abandon			6		6
	Failing to repair at the fixed time to the properly appointed place of--
	A routine scheduled duty other than those specified below						3
	March			2		2
	Reveille or retreat roll call						1

*NOTE.--The limitations upon punishments for violations of Articles of War 58, 59, and 86 were suspended until further order, as to offenses thereafter committed, by Executive Order 9048, February 3, 1942 (Sec. IV, Bull. 6, W.D., Feb. 9, 1942). The limitations upon punishments for absence without leave from command, guard, quarters, station, or camp in violation of Article of War 61 were suspended until further order, as to offenses committed after December 1, 1942, by Executive Order 9267, November 9, 1942 (Sec. I, Bull. 57, W.D., Nov. 19, 1942).

Table of maximum punishments--Continued
SECTION A--Continued

Article of War	Offenses	Punishments
		Dishonorable discharge, forfeiture of all pay and allowances due and to become due	Confinement at hard labor not to exceed--			Forfeiture of two-thirds pay per month, not to exceed--	Forfeiture of pay not to exceed--
			Years	Months	Days	Months	Days
61	Leaving without permission the properly appointed place of assembly for, or place for--
	A routine duty						.5
	Reveille or retreat roll call						2
62	Using contemptuous or disrespectful words against the President, Vice President, etc.	Yes	1
63	Behaving with disrespect toward his superior officer			6		6
64	Willful disobedience except in time of war or grave public emergency of the lawful order of a commissioned officer in the execution of his office	Yes	5
65	Attempting to strike or attempting otherwise to assault a warrant officer or a noncommissioned officer in the execution of his office.			6		6
	Behaving in an insubordinate or disrespectful manner toward a warrant officer of a noncommissioned officer in the execution of his office.			2		2
	Disobedience, willful, of the lawful order of a warrant officer or a noncommissioned officer in the execution of his office.			6		6
	Striking or otherwise assaulting a warrant officer of a noncommissioned officer in the execution of his office.	Yes	1
	Threatening to strike or otherwise assault, or using other threatening language toward a warrant officer or a noncommissioned officer in the execution of his office.			4		4
	Using insulting language toward a warrant officer or a noncommissioned officer in the execution of his office.			2		2
68	Drawing a weapon upon a nurse, band leader, warrant officer, field clerk, or a noncommissioned officer quelling a quarrel, fray, or disorder.	Yes	3
	Refusing to obey a nurse, band leader, warrant officer, field clerk, or a noncommissioned officer quelling a quarrel, fray, or disorder.	Yes	1
	Threatening a nurse, band leader, warrant officer, field clerk, or a noncommissioned officer quelling a quarrel, fray, or disorder.			6		6
69	Breach of arrest			3		3
73	Releasing with proper authority, a prisoner committed to his charge.	Yes	1
	Suffering a prisoner committed to his charge to escape:
	Through design	Yes	1
	Through neglect			6		6
83	Suffering through neglect, military property to be damaged, lost, spoiled, or wrongfully disposed of:
	Of a value of $20 or less			3		3
	Of a value of $50 or less and more than $20			6		6
	Of a value of more than $50	Yes	1
	Suffering, wilfully, military property to be damaged, lost, spoiled, or wrongly disposed of:
	Of a value of $20 or less			6		6
	Of a value of $50 or less and more than $20	Yes		6
	Of a value of more than $50	Yes	2

Table of maximum punishments--Continued
SECTION A--Continued

Article of War	Offenses	Punishments
		Dishonorable discharge, forfeiture of all pay and allowances due and to become due	Confinement at hard labor not to exceed--			Forfeiture of two-thirds pay per month, not to exceed--	Forfeiture of pay not to exceed--
			Years	Months	Days	Months	Days
84	Injuring or losing, through neglect, horse, arms, ammunition, accouterments, equipment, clothing, or other property issued for use in the military service, or items belonging to two or more of said classes:
	Of a value of $20 or less.			3		3
	Of a value of $50 or less and more than $20			6		6
	Of a value of more than $50	Yes	1
	Injuring or losing, willfully, horse, arms, ammunition, accouterments, equipment, clothing, or other property issued for use in the military service, or items belonging to two or more of said classes:
	Of a value of $20 or less.			6		6
	Of a value of $50 or less and more than $20	Yes		6
	Of a value of more than $50	Yes	2
	Selling or otherwise wrongfully disposing of horse, arms, ammunition, accouterments,
	Of a value of $20 or less.	Yes		6
	Of a value of $50 or less and more than $20	Yes	1
	Of a value of more than $50	Yes	5
85	Found drunk:
	At formation for, or on a duty other than those specified below.						20
	Reveille or retreat roll call						5
	On guard			6		6
86	Found sleeping or drunk on post, sentinel	Yes		6		6
	Leaving post before regularly relieved from, sentinel	Yes	1
90	Using a provoking or reproachful speech or gesture to another.
93	Arson	Yes	20
	Assault:
	With intent to do bodily harm.	Yes	1
	With intent to do bodily harm with a dangerous weapon, instruments, or other thing.	Yes	5
	With intent to commit any felony except murder and rape.	Yes	10
	With intent to commit murder or rape.	Yes	20
	Burglary	Yes	10
	Embezzlement or larceny:
	Of property of a value of $20 or less.	Yes		6
	Of property of a value of $50 or less, and more than $20.	Yes	1
	Of property of a value of more than $50.	Yes	5
	Housebreaking	Yes	10
	Manslaughter:
	Involuntary, in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution or circumspection.	Yes	3
	Voluntary, upon a sudden quarrel or heat of passion.	Yes	10
	Perjury	Yes	5
	Robbery	Yes	10

*NOTE.--See footnote, page 97, supra.

Table of maximum punishments--Continued
SECTION A--Continued

Article of War	Offenses	Punishments
		Dishonorable discharge, forfeiture of all pay and allowances due and to become due	Confinement at hard labor not to exceed--			Forfeiture of two-thirds pay per month, not to exceed--	Forfeiture of pay not to exceed--
			Years	Months	Days	Months	Days
93	Sodomy	Yes	5
94	Forging or counterfeiting a signature, making a false oath, and offenses related to either of these.	Yes	5
	Other cases:
	When the amount involved is $20 or less	Yes		6
	When the amount involved is $50 or less, and more than $20.	Yes	1
	When the amount involved is more than $50	Yes	5
96	Abusing a public animal			3		3
	Allowing a prisoner to receive or obtain intoxicating liquor.			3		3
	Appearing in civilian clothing without authority.						10
	Appearing in unclean uniform, or not in prescribed uniform, or in uniform worn otherwise than in manner prescribed.			1		1
	Assault			3		3
	Assault and battery			6		6
	Attempting to escape from confinement	Yes		6
	Breach of restriction (other than quarantine) to command, quarters, station, or camp.			1		1
	Carrying a concealed weapon.			3		3
	Committing a nuisance.			3		3
	Concealing, destroying, mutilating, obliteration, or removing willfully and unlawfully a public record, or taking and carrying away a public record with intent to conceal, destroy, mutilate, obliterate, remove, or steal the same.	Yes	3
	Conspiring to escape from confinement.	Yes		6
	Destroying willfully public property:
	Of a value of $20 or less.	Yes		6
	Of a value of $50 or less and more than $20.	Yes	1
	Of a value of more than $50.	Yes	5
	Discharging, through carelessness, a firearm.			3		3
	Disorderly in command, quarters, station, or camp.			1		1
	Disorderly under such circumstances as to bring discredit upon the military service.			4		4
	Drinking liquor with prisoner.			2		2
	Drunk and disorderly in command, quarters, station, or camp.			3		3
	Drunk and disorderly under such circumstances as to bring discredit upon the military service.			6		6
	Drunk in command, quarters, station, or camp.						15
	Drunk under such circumstances as to bring discredit upon the military service.			3		3
	Drunk, prisoner found.			3		3
	Failing to obey a lawful order:
	Of a superior officer.			6		6
	Of a noncommissioned officer.			3		3
	Failing to pay a just debt under such circumstances as to bring discredit upon the military service.	Yes		6
	False official report or statement knowingly made:
	By a noncommissioned officer.			3		3
	By any other soldier.			1		1
	False swearing	Yes	3
	Gambling:
	By a noncommissioned officer with a person of lower military rank or grade.					3
	In command, quarters, station, or camp in violation of orders.			2		2

Table of maximum punishments--Continued
SECTION A--Continued

Article of War	Offenses	Punishments
		Dishonorable discharge, forfeiture of all pay and allowances due and to become due	Confinement at hard labor not to exceed--			Forfeiture of two-thirds pay per month, not to exceed--	Forfeiture of pay not to exceed--
			Years	Months	Days	Months	Days
96	Indecent exposure of person			6		6
	Introducing a habit-forming narcotic drug into command, quarters, station, or camp:
	For sale.	Yes	2
	All other cases.	Yes	1
	Introducing intoxicating liquor into command, quarters, station, or camp:
	For sale.			6		6
	All other cases.			3		3
	Loaning money, either as principal or agent, at an usurious rate of interest to another in the military service.					3
	Obtaining money or other property under false pretenses:
	When the amount obtained is $20 or less.	Yes		6
	When the amount obtained is $50 or less and more than $20.	Yes	1
	When the amount obtained is more than $50.	Yes	3
	Sentinel:
	Offenses against--
	Attempting to strike, or attempting otherwise to assault, in the execution of his duty.			6		6
	Behaving in an insubordinate or disrespectful manner toward, in the execution of his duty.			1		1
	Disobedience, willful, of the lawful order of, in the execution of his duty.	Yes	1
	Failing to obey a lawful order of.			3		3
	Striking or otherwise assaulting, in the execution of his duty.	Yes	1
	Threatening to strike or otherwise assault or using other threatening language toward, in the execution of his duty.			4		4
	Using insulting language toward, in the execution of his duty.			3		3
	Offenses by--
	Loitering or sitting down on duty.			1		1
	Straggling			3		3
	Subornation of perjury	Yes	5
	Unclean accouterment, arm, clothing, equipment, or other military property, found with.			1		1
	Violation of condition of parole by general prisoner.			3

SECTION B

Permissible additional punishments.--If an accused be found guilty by the court of an offense or offenses for none of which dishonorable discharge is authorized, proof of five or more previous convictions will authorize dishonorable discharge, total forfeitures, and, if the confinement otherwise authorized is less than three months, confinement at hard labor for three months.

If an accused be found guilty by the court of two or more offenses for none of which dishonorable discharge is authorized, the fact that the authorized confinement without substitution for such offenses is six months or more, will authorize dishonorable discharge and total forfeitures.

Upon the conviction of a noncommissioned officer or a private, first class, of an offense or offenses for which confinement at hard labor for a period of more than 5 days, authorized substitutions considered, may be adjudged, the court may, in addition to the punishments otherwise authorized, adjudge reduction to the grade of private. Reprimand or admonition may be adjudged in any case.

Table of Contents
Previous Chapter (22) *  Next Chapter (24)