GENERAL ORDERS, No. 16. HEADQUARTERS OF THE ARMY Washington, April 6, 1898. By direction of the Secretary of War, the following Executive order is published for the information and guidance of all concerned: EXECUTIVE MANSION, March 30, 1898. The executive order, dated March 20, 1895, establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders, No. 16, 1895, Headquarters of the Army, is amended so as to prescribe as follows, to take effect thirty days after the date of this order: ARTICLE I. In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances. Subject to the modifications authorized in Section 3 of this article the limit of the term of confinement (at hard labor) for desertion shall be as follows: SECTION 1. In case of surrender (a) When the deserter surrenders himself after an absence of not more than thirty days, one year. (b) When the surrender is made after an absence of more than thirty days, eighteen months. SEC. 2. In case of apprehension— (a) When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months. (b) When he shall have been more than six months in the service, two and one-half years. SEC. 3. The foregoing limitations are subject to modification under the following conditions: (a) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion. (b) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion the presence of an outbreak of Indians or of any unlawful assemblage which the 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. Limits of punishment. UNDER 17TH ARTICLE OF WAR. Selling horse or arms, or both Selling accoutrements. Selling clothing Losing or spoiling horse or arms through neglect. Losing or spoiling accoutrements or clothing through neglect. UNDER 20TH ARTICLE OF WAR. Behaving himself with disrespect to his commanding officer. UNDER 24TH ARTICLE OF WAR. Refusal to obey or using violence to officer or noncommissioned officer while quelling quarrels or disorders. Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three years. Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Four 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. 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, with forfeiture of all pay and allowances and confinement at hard labor for two years. UNDER 32D ARTICLE OF WAR. Absence without leave One hour or less Forfeiture of $1; corporal, $2; sergeant, $3; 1st sergeant or noncommissioned officer of higher grade, $4. For more than one to six hours, Forfeiture of $2; corporal, $3; sergeant, $4; inclusive. For more than six to twelve hours, inclusive. For more than twelve to twentyfour hours, inclusive. 1st sergeant or noncommissioned officer of higher grade, $5. Forfeiture of $3; corporal, $4; sergeant, $6; 1st sergeant or noncommissioned officer of higher grade, $7. Forfeiture of $5; corporal, $6; sergeant, $7; 1st sergeant or noncommissioned officer of higher grade, $10. *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, and for transportation of himself and guard. Offenses. Limits of punishment. Forfeiture of $6 and five days' confinement at hard labor. For corporal, forfeiture of $8; sergeant, $10; 1st sergeant or noncommissioned officer of higher grade, $12; or, for all noncommissioned officers, reduction. Forfeiture of $10 and ten days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto. Forfeiture of $20 and one months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto. Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto. Dishonorable discharge and forfeiture of all pay and allowances and six months' confinement at hard labor. Forfeiture of $1; corporal, $2; sergeant, $3; 1st 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. *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, and for transportation of himself and guard. Offenses. Limits of punishment. UNDER 40TH ARTICLE OF WAR. Quitting guard UNDER 51ST ARTICLE OF War. Persuading soldiers to desert UNDER 60TH ARTICLE of War. UNDER 62D ARTICLE OF War. Manslaughter Assault, with intent to kill Burglary Forgery Perjury False swearing Robbery. Larceny or embezzlement of property *_ Of the value of more than $100. Of the value of $100 or less and more than $50. Of the value of $50 or less and more than $20. Of the value of $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. Fraudulent enlistment, other cases of. 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 one year's confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and ten years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and ten years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and five years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and six years' confinement at hard labor, Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and three years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor. Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for one year. Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for six months. *In specifications to charges of larceny or embezzlement the value of the propererty shall be stated. Offenses. Limits of punishment. UNDER 62D ARTICLE OF WAR-cont'd. Disobedience of orders, involving Absence from fatigue duty Drunkenness at post or in quarters Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within ten miles of his station. Noisy or disorderly conduct in quar ters. Drunk and disorderly in post or quarters. Abuse by noncommissioned officer of his authority over an inferior. Noncommissioned officer encourag- false report. officer making Sentinel allowing a prisoner under his charge to escape through neglect. Sentinel willfully suffering prisoner under his charge to escape. Sentinel allowing a prisoner under his charge to obtain liquor. Sentinel or member of guard drinking liquor with prisoners. Disrespect or affront to a sentinel____ Resisting or disobeying sentinel in lawful execution of his duty. 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 officer, reduction and forfeiture of $5. Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5. Forfeiture of $10 and seven days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12. Forfeiture of $4; corporal, $7; sergeant, $10. Forfeiture of $7; for noncommissioned officer, reduction and forfeiture of $10. Reduction, three months' confinement at hard labor, and forfeiture of $10 per month for the same period. Reduction and forfeiture of $5. Reduction, forfeiture of $8, and ten days' confinement 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 one year's confinement at hard labor. Two months' confinement at hard labor and forfeiture of $10 per month for the same period. Two months' confinement at hard labor and forfeiture of $10 per month for the same period. Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. Lewd or indecent exposure of person_Three months' confinement at hard labor Committing nuisance in or about quarters. and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto. |