APPENDIX 2

               UNIFORM CODE OF MILITARY JUSTICE

          Chapter 47. UNIFORM CODE OF MILITARY JUSTICE

  Subchapter                                           Sec  Art.

     I.   General Provisions                           801  1

     II.  Apprehension and Restraint                        807  7

     III  Non-Judicial Punishment                           815  15

     IV.  Court-Martial Jurisdiction                        816  16

     V.   Composition of Courts-Martial                     822  22

     VI.  Pre-Trial Procedure                          830  30

     VII. Trial Procedure                                   836  36

     VIII.     Sentences                                    855  55

     IX.  Post-Trial Procedure and Review of Courts Martial 859  59

     X.   Punitive Articles                                 877  77

     XI.  Miscellaneous Provisions                     935  135

     *XII Court of Military Appeals                         941  141

               SUB CHAPTER 1. GENERAL PROVISIONS

  Sec.    Art.

  801.    1.   Definitions

  802.    2.   Persons Subject to this chapter.

  803.    3.   Jurisdiction to try certain personnel.

  804.    4.   Dismissed officer's right to trial by court-martial.

  805.    5.   Territorial applicability of this chapter.

  806.    6.   Judge advocates and legal officers.

  *806a   6a.  Investigation and disposition of maters pertaining to the

               fitness of military judges.

   801. ART. 1. DEFINITIONS.

  In this chapter.

  (1) "Judge Advocate General" means, severally, the Judge Advocates

General of the Army, Navy, and Air Force and, except when the Coast guard

is operating as a service in the Navy, the General Counsel of the

Department of Transportation.

  (2) The Navy, the Marine Corps, and the Coast Guard designated as such by

appropriate authority.

  (4) "Officer in Charge" means a member of the Navy, the Marine Corps, or

the Coast Guard designated as such by appropriate authority.

  (5) "Superior commissioned officer" means a commissioned officer superior

in rank of command.

  (6) "Cadet" means a cadet of the United States Military Academy, the

United States Air Force Academy, or the United States Coast Guard Academy.

  (7) "Midshipman" means a midshipman of the United States Naval Academy

and any other midshipman on active duty in the naval service.

  (8) "Military" refers to any or all of the armed forces.

  (9) "Accuser" means a person who signs and swears to charges, any person

who directs that charges nominally be signed and sworn to by another person

who has an interest other than an official interest in the prosecution of

the accused.

  (10) "Military Judge" means an official of a general or special court-

martial detailed in accordance with section 826 of this title (article 26).

  (11) "Law specialist" means a commissioned officer of the Coast Guard

designated for special duty (law).

  (12) "Legal officer" means any commissioned officer of the Navy, Marine

Corps, or Coast Guard designated to perform legal duties for a command.

  (13) "Judge Advocate" means--

     (A) an officer of the Judge Advocate General's Corp of the Army or the

     Navy;

     (B) an officer of the Air Force or the Marine Corps who is designated

     as a judge advocate; or

     (C) an officer of the Coast Guard who is designated as a law

     specialist.

  (14) "Record", when used in connection with the proceedings of a court-

martial means--

     (A) an official written transcript, written summary, or other writing

     relating to the proceedings: or

     (B) an official audiotape, videotape, or similar material from which

     sound and visual images, depicting the proceedings may be reproduced.

   802. ART. 2.     PERSONS SUBJECT TO THIS CHAPTER

  (a) The following persons are subject to this chapter:

  (1) Members of a regular component of the armed forces, including those

awaiting discharge after expiration of their terms of enlistment;

volunteers from the time of their muster or acceptance into the armed

forces; inductees from the time of their actual induction into the armed

forces; and other persons lawfully called or ordered into, or to duty in or

for training in the armed forces, from the dates when they are required by

the terms of the call or order to obey it.

  (2) Cadets, aviation cadets, and midshipman.

  (3) Members of a reserve component while on inactive-duty training, but

in the case of members of the Army National Guard of the United States or

the Air National Guard of the United States only when in Federal Service.

  (4) Retired members of a regular component of the armed forces who are

entitled to pay.

  (5) Retired members of a reserve component who are receiving

hospitalization from an armed force.

  (6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.

  (7) Persons in custody of the armed forces serving a sentence imposed by

a court-martial.

  (8) Members of the National Oceanic and Atmospheric Administration,

Public Health Service, and other organizations, when assigned to and

serving with the armed forces.

  (9) Prisoners of war in custody of the armed forces.

  (10) In time of war, persons serving with or accompanying an armed force

in the field.

  (11) Subject to any treaty or agreement t which the United States is or

may be a party to any accepted rule of international law, persons serving

with, employed by, or accompanying the armed forces outside the United

States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam,

and the Virgin Islands.

  (12) Subject to any treaty or agreement t which the United States is or

may be a party to any accepted rule of international law, persons within an

area leased by or otherwise reserved or acquired for use of the United

States which is under the control of the Secretary concerned and which is

outside the United States and outside the Canal Zone, the Commonwealth of

Puerto Rico, Guam, and the Virgin Islands.

  (b) The voluntary enlistment of any person who has the capacity to

understand the significance of enlisting in the armed forces shall be valid

for purposes of jurisdiction under subsection (a) and change of status from

civilian to member of the armed forces shall be effective upon the taking

of the oath of enlistment.

  (c) Notwithstanding any other provision of law, a person serving with an

armed force who--

  (1) Submitted voluntarily to military authority;

  (2) met the mental competence and minimum age qualifications of sections

     504 and 505 of this title at the time of voluntary submissions to

     military authority:

  (3) received military pay or allowances; and

  (4) performed military duties: is subject to this chapter until such

     person's active service has been terminated in accordance with law or

     regulations promulgated by the Secretary concerned.

  (d)(1) A member of a reserve component who is not on active duty and who

     is made the subject of proceedings under section 815 (article 15) or

     section 830 (article 30) with respect to an offense against this

     chapter may be ordered to active duty involuntary for the purpose of-

     (A) investigation under section 832 of this title (article 32);

     (B) trial by court-martial; or

     (C) non judicial punishment under section 815 of this title (article

     15).

  (2) A member of a reserve component may not be ordered to active duty

     under paragraph (1) except with respect to an offense committed while

     the member was

     (A) on active duty; or

     (B) on inactive-duty training, but in the case of members of the Army

     National Guard of the United States or the Air National Guard of the

     United States only when in Federal service.

  (3) Authority to order a member to active duty under paragraph (1) shall

     be exercised under regulations prescribed by the President.

  (4) A member may be ordered to active duty under paragraph (1) only by a

     person empowered to convene general courts-martial in a regular

     component of the armed forces.

  (5) A member ordered to active duty under paragraph (1), unless the order

     to active duty was approved by the Secretary concerned, may not--

     (A) be sentenced to confinement; or

     (B) be required to serve a punishment of any restriction on liberty

     during a period other than a period of inactive-duty training or

     active duty (other than active duty ordered under paragraph (1)).

   803. ART. 3. JURISDICTION TO TRY CERTAIN PERSONNEL

  (a) Subject to section 843 of this title (article 43), no person charged

with having committed, while in a status in which he was subject to this

chapter, an offense against this chapter, punishable by confinement for

five years or more and for which the person cannot be tried in the courts

of the United States or of a State, a Territory, or District of Columbia,

may be relieved from amenability to trial by court-martial by reason of the

termination of that status.

  (b) Each person discharged from the armed forces who is later charged

with having fraudulently obtained his discharge is, subject to section 843

of this title (article 43), subject to trial by court-martial on that

charge and is after apprehension subject to trial by court-martial for all

offense under this chapter committed before the fraudulent discharge

  (c) No person who has deserted from the armed forces may be relieved form

amenability to the jurisdiction of this chapter by virtue of separation

from any later period of service.

  (d) A member of a reserve component who is subject to this chapter is

not, by virtue of the termination of a period of active duty or inactive-

duty training, relieved from amenability to the jurisdiction of this

chapter for an offense against this chapter committed during such period of

active duty or inactive-duty training.

   804 ART. 4. DISMISSED OFFICER'S RIGHT TO TRIAL BY COURT-MARTIAL

  (a) If any commissioned officer, dismissed by order of the president,

makes a written application for trial by court-martial setting forth under

oath, that he has been wrongfully dismissed, the President, as soon as

practicable, shall convene a general court-martial to try that officer on

the charges on which he was dismissed.  A court-martial so convened has

jurisdiction to try the dismissed officer on those charges, and he shall be

considered to have waived the right to plead any statute of limitations

applicable to any offense with which he is charged.  The court-martial may,

as part of its sentence, adjudge the affirmance of the dismissal, but if

the court-martial acquits the accused or if the sentence adjudged, as

finally approved or affirmed, does not include dismissal or death, the

Secretary concerned shall substitute for the dismissal ordered by the

President a form of discharge authorized for administrative issue.

  (b) If the President fails to convene a general court-martial within six

months from the preparation of an application for trial under this article,

the Secretary concerned shall substitute for the dismissal order by the

President a form of discharge authorized for administrative issue.

  (c) If a discharge is substituted for a dismissal under this article, the

President alone may reappoint the officer to such commissioned grade and

with such rank as, in the opinion of the President, that former officer

would have attained had he not been dismissed.  The reappointment of such a

former officer shall be without regard to the existence of a vacancy and

shall affect the promotion status of other officers only insofar as the

President may direct.  All time between the dismissal and the reappointment

shall be considered as actual service for all purposes, including the right

to pay and allowances.

  (d) If an officer is discharged from any armed force by administrative

action or is dropped from the rolls by order of the President, he has no

right to trial under this article.

   805. ART. 5. TERRITORIAL APPLICABILITY OF THIS CHAPTER

  This chapter applies in all places.

   806. ART. 6. JUDGE ADVOCATES AND LEGAL OFFICERS

  (a) The assignment for duty of judge advocates of the Army, Navy, Air

Force, and Coast Guard shall be made upon the recommendation of the Judge

Advocate General of the armed force of which they are members.  The

assignment for duty of judge advocate of the Marine Corps shall be made by

direction of the Commandant of the Marine Corps.  The Judge Advocate

General or senior members of his staff shall make frequent inspection in

the field in supervision of the administration of military justice.

  (b) Convening authorities shall at all times communicate directly with

their staff judge advocates or legal officers in matters relating to the

administration of military justice; and the staff judge advocate or legal

officer of a superior or subordinate command, or with the Judge Advocate

General.

  (c) No person who has acted as member, military judge, trial counsel,

assistant trial counsel, defense counsel, assistant defense counsel, or

investigating officer in any case may later act as staff judge-advocate or

legal officer to any reviewing authority upon the same case.

  (d)(1) A judge advocate who is assigned or detailed to perform the

functions of a civil office in the Government of the United States under

section 973(*b)(2)(B) of this title may perform such duties as may be

requested by the agency concerned, including representation of the United

States in civil and criminal cases.

     (2) The Secretary of Defense, and the Secretary of Transportation with

respect to the Coast Guard when it in not operating as a service in the

Navy, shall prescribe regulations providing that reimbursement may be a

condition of assistance by judge advocates assigned or detailed under

section 973(b)(2)(B) of this title.

  * 806a. ART. 6a. INVESTIGATION AND DISPOSITION OF MATERS PERTAINING TO

THE FITNESS OF MILITARY JUDGES.

  (a) The President shall prescribe procedures for the investigation and

disposition of charges, allegations, or information pertaining to the

fitness of a military judge or military appellate judge to perform the

duties of the judge's position,  to the extent practicable, the procedures

shall be uniform for all armed forces.

  (b) The President shall transmit a copy of the procedures prescribed

pursuant to this section to the Committees on Armed Services of the Senate

and the House of Representatives.

          SUBCHAPTER II. APPREHENSION AND RESTRAINT

  Sec.    Art.

  807.    7.   Apprehension.

  808.    8.   Apprehension of deserters.

  809.    9.   Imposition of Restraint.

  810.    10.  Restraint of persons charged with offenses.

  811.    11.  Reports and receiving of prisoners.

  812.    12.  Confinement with enemy prisoners prohibited.

  813.    13.  Punishment prohibited before trial.

  814.    14.  Delivery of offenders to civil authorities.

   807. ART. 7. APPREHENSION

  (a) Apprehension is the taking of a person into custody.

  (b) Any person authorized under regulations governing the armed forces to

apprehend persons subject to this chapter or to trial thereunder may do so

upon reasonable belief that an offense has been committed and that the

person apprehended committed it.

  (c) Commissioned officers, warrant officers, petty officers, and

noncommissioned officers have authority to quell quarrels, frays and

disorders among persons subject to this chapter who take part therein.

   808. ART. 8. APPREHENSION OF DESERTERS

  Any civil officer having authority to apprehend offenders under the laws

of the United States or of a State, Territory, Commonwealth, or possession,

or the District of Columbia may summarily apprehend a deserter from the

armed forces and deliver him into the custody of those forces.

   809. ART. 9. IMPOSITION OF RESTRAINT

  (a) Arrest is the restraint of a person by an order, not imposed as a

punishment for an offense, directing him to remain within certain specified

limits.  Confinement is the physical restraint of a person.

  (b) An enlisted member may be ordered into arrest or confinement by any

commissioned officer by an order, oral or written, delivered in person  or

through other persons subject to this chapter.  A commanding officer may

authorize warrant officers, petty officers, or noncommissioned officers to

order enlisted members of his command or subject to his authority into

arrest or confinement.

  (c)A commissioned officer, a warrant officer, or a civilian subject to

this chapter or to trial thereunder may be ordered into arrest or

confinement only by a commanding officer to whose authority he is subject,

by an order, oral or written, delivered in person or by another

commissioned officer.  The authority to order such persons into arrest or

confinement may not be delegated.

  (d) No person may be ordered into arrest or confinement except for

probable cause.

  (e) Nothing in this article limits the authority of person s authorized

to apprehend offenders to secure the custody of an alleged offender until

proper authority may be notified.

   810. ART. 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES

  Any person subject to this chapter charged with an offense under this

chapter shall be ordered into arrest or confinement, as circumstances may

require; but when charged only with an offense normally tried by a summary

court-martial, he shall not ordinarily be placed in confinement.  When any

person subject to this chapter is placed in arrest or confinement prior to

trial, immediate steps shall be taken to inform him of the specific wrong

of which he is accused and to try him or to dismiss the charges and release

him.

   811. ART. 11. REPORTS AND RECEIVING OF PRISONERS

  (a) No provost marshal, commander or a guard, or master at arms may

refuse to receive or keep any prisoner committed to his charge by a

commissioned officer of the armed forces, when the committing officer

furnishes a statement, signed by him, of the offense charged against the

prisoner.

  (b) Every commander of a guard or master at arms to whose charge a

prisoner is committed shall, within twenty-four hours after that commitment

or as soon as he is relieved from guard, report to the commanding officer

the name of the prisoner, the offense charged against him, and the name of

the person who ordered or authorized the commitment.

   812. ART. 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED

  No member of the armed forces may be placed in confinement in immediate

association with enemy prisoners or other foreign nationals not members of

the armed forces.

   813. ART. 13 PUNISHMENT PROHIBITED BEFORE TRIAL

  No person, while being held for trial, may be subjected to punishment or

penalty other than arrest or confinement upon the charges pending against

him, nor shall the arrest or confinement imposed upon him be any more

rigorous than the circumstances required to insure his presence, but he may

be subjected to minor punishment during that period for infractions of

discipline.

   814. ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES

  (a) Under such regulations as the Secretary concerned may prescribe, a

member of the armed forces accused of an offense against civil authority

may be delivered, upon request, to the civil authority for trial.

  (b) When delivery under this article is made to any civil authority of a

person undergoing sentence of a court-martial, the delivery, if followed by

conviction in a civil tribunal, interrupts the execution of the sentence of

the court-martial, and the offender after having answered to the civil

authorities for his offense shall, upon the request of competent military

authority, be returned to military custody for the completion of his

sentence.

          SUBCHAPTER III. NON-JUDICIAL PUNISHMENT

   815. ART. 15. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT

  (a) Under such regulations as the President may prescribe, and under such

additional regulations as may be prescribed by the Secretary concerned,

limitations may be placed on the powers granted by this article with

respect to the kind and amount of punishment authorized, the categories of

commanding officers and warrant officers exercising command authorized to

exercise those powers, the applicability of this article to an accused who

demands trial by court-martial, and the kinds of courts-martial to which

the case may be referred upon such a demand.  However, except in the case

of a member attached to or embarked in a vessel, punishment may not be

imposed upon any member of the armed forces under this article if the

member has, before the imposition of such punishment, demanded trial by

court-martial in lieu of such punishment.  Under similar regulations, rules

may be prescribed with respect to the suspension of punishments authorized

by regulations of the Secretary concerned, a commanding officer exercising

general court-martial jurisdiction or an officer of general or flag rank in

command may delegate his powers under this article to a principal

assistant.

  (b) Subject to subsection (a) any commanding officer may, in addition to

or in lieu of admonition or reprimand, impose one or more of the following

disciplinary punishments for minor offenses without the intervention of a

court-martial--

     (1) upon officers of his command--

          (A) restriction to certain specified limits, with or without

          suspension from duty, for not more that 30 consecutive days;

          (B) if imposed by an officer exercising general court-martial

          jurisdictions or an officer of general flag rank in command--

               (i) arrest in quarters for not more than 30 consecutive

               days;

               (ii) forfeiture of not more than one-half of one month's pay

               per month for two months;

               (iii) restriction to certain specified limits, with or

               without suspension from duty, for not more than 60

               consecutive days;

               (iv) detention of not more than one-half of one month's pay

               per month for three months;

     (2) upon other personnel of his command--

          (A) if imposed upon a person attached to or embarked in a vessel,

          confinement on bread and water or diminished rations for not more

          than three consecutive days;

          (B) correctional custody for not more than seven consecutive

          days;

          (C) forfeiture of not more than seven days' pay;

          (D) reduction to the next inferior pay grade, if the grade from

          which demoted is within the promotion authority of the officer

          imposing the reduction or any officer subordinate to the one who

          imposes the reduction;

          (E) extra duties, including fatigue or other duties, for not more

          than 14 consecutive days;

          (F) restriction to certain specified limits, with or without

          suspension from duty, for not more than 14 consecutive days;

          (G) detention of not more than 14 days' pay;

          (H) if imposed by an officer of the grade of major or lieutenant

          commander, or above--

               (i) the punishment authorized under clause (A);

               (ii) correctional custody for not more than 30 consecutive

               days;

               (iii) forfeiture of not more than one-half of one month's

               pay per month for two months;

               (iv) reduction to the lowest or any intermediate pay grade,

               if the grade from which demoted is within the promotion

               authority of the officer imposing the reduction or any

               officer subordinate to the one who imposes the reduction, by

               an enlisted member in a pay grade above E-4 may not be

               reduced more than two pay grades;

               (v) extra duties, including fatigue or other duties, for not

               more than 45 consecutive days;

               (vi) restriction to certain specified limits, with or

               without suspension from duty, for not more than 60

               consecutive days;

               (vii) detention of not more than one-half of one month's pay

               per month for three months.

  Detention of pay shall be for a stated period of not more than one year

but if the offender's term of service expires earlier, the detention shall

terminate upon that expiration.  No two or more of the punishments of

arrest in quarters, confinement or bread and water or diminished rations,

correctional custody, extra duties, and restriction may be combined to run

consecutively in the maximum amount impossible for each.  Whenever any of

those punishments are combined to run consecutively, there must be an

apportionment.  In addition, forfeiture of pay may not bee combined with

detention of pay without an apportionment.  For the purpose of this

subsection, "correctional custody" is the physical restraint of a person

during duty or nonduty hours and may include extra duties, fatigue duties,

or hard labor.  If practicable, correctional custody will not be served in

immediate association with persons awaiting trial or held in confinement

pursuant to trial by court-martial.

  (c) An officer incharge may impose upon enlisted members assigned to the

unit of which he is in charge such of the punishment authorized under

subsection (b)(2)(A)-(G) as the Secretary concerned may specifically

prescribe by regulation.

  (d) The officer who imposes the punishment authorized in subsection (b),

or his successor in command, may, at any time, suspend probationally any

part or amount of the unexecuted punishment imposed and may suspend

probationally a reduction in grade or forfeiture imposed under subsection

(b), whether or not executed.  In addition, he may, at any time, remit or

mitigate any part or amount of the unexecuted punishment imposed and may

set aside in whole or in part the punishment, whether executed or

unexecuted, and restore all rights, privileges and property affected.  He

may also mitigate reduction in grade to forfeiture or detention of pay.

When mitigating--

     (1) arrest in quarters to restriction;

     (2) confinement on bread and water or diminished rations to

     correctional custody;

     (3) correctional custody confinement on bread and water or diminished

     rations to extra duties or restriction, or both; or

     (4) extra duties to restriction;

  the mitigated punishment shall not be for a greater period than the

punishment mitigated.  When mitigating forfeiture of pay to detention of

pay, the amount of detention shall not be greater than the amount of the

forfeiture.  When mitigating reduction in grade to forfeiture or detention

of pay, the amount of the forfeiture or detention shall not be greater than

the amount that could have been imposed initially under this article by the

officer who imposed the punishment mitigated.

  (e) A person punished under this article who considers his punishment

unjust or disproportionate to the offense may, through proper channels,

appeal to the next superior authority.  The appeal shall be promptly

forwarded and decided, but the person punished may in the meantime be

required to undergo the punishment adjudged.  The superior authority may

exercise the same powers with respect to punishment imposed as may be

exercised under subsection (d) by the officer who imposed the punishment.

Before acting on appeal from a punishment of--

     (1) arrest in quarters for more than seven days;

     (2) correctional custody for more than seven days;

     (3) forfeiture of more than seven days' pay;

     (4) reduction of one or more pay grades from the fourth or a higher

     pay grade;

     (5) extra duties fro more than 14 days;

     (6) restriction for more than 14 days; or

     (7) detention of more than 14 days' pay;

  the authority who is to act on the appeal shall refer the case to a judge

advocate or a lawyer of the Department of Transportation for consideration

and advice, and may so refer the case upon appeal from any punishment

imposed under subsection (b).

  (f) The imposition and enforcement of disciplinary punishment under this

article for any act or omission is not a bar to trial by court-martial for

a serious crime or offense growing out of the same act or omission, and not

properly punishable under this article; but the fact that a disciplinary

punishment has been enforced may be shown by the accuse upon trial, and

when so shown shall be considered in determining the measure of punishment

to be adjudged in the event of a finding of guilty.

  (g) The Secretary concerned may, by regulation, prescribe the form of

records to be kept under this article and may also prescribe that certain

categories of those proceedings shall be in writing.

          SUBCHAPTER IV. COURT-MARTIAL JURISDICTION

  Sec.    Art.

  816.    16.  Courts-Martial classified.

  817.    17.  Jurisdiction of courts-martial in general

  818.    18.  Jurisdiction of general courts-martial.

  819.    19.  Jurisdiction of special courts-martial.

  820.    20.  Jurisdiction of summary courts-martial.

  821.    21.  Jurisdiction of courts-martial not exclusive.

   816. ART. 16. COURT-MARTIAL CLASSIFIED

  The three kinds of courts-martial in each of the armed forces are--

     (1) general courts-martial, consisting of--

          (A) a military judge and not less than five members; or

          (B) only a military judge, if before the court is assembled the

          accused, knowing the identity of the military judge and after

          consultation with defense counsel, requests orally on the record

          or in writing a court composed only of a military judge and the

          military judge approves;

     (2) special courts-martial, consisting of--

          (A) not less than three members; or

          (B) a military judge and not less than three members; or

          (C) only a military judge, if one has been detailed to the court,

          and the accused under the same conditions as those prescribed in

          clause (1)(B) so requests; and

     (3) summary courts-martial, consisting of one commissioned officer.

   817. ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL

  (a) Each armed force has court-martial jurisdiction over all persons

subject to this chapter.  The exercise of jurisdiction by one armed force

over personnel of another armed force shall be in accordance with

regulations prescribed by the President.

  (b) In all cases, departmental review after that by the officer with

authority to convene a general court-martial for the command which held the

trial, where that review is required under this chapter, shall be carried

out by the department that includes the armed force of which the accused is

a member.

   818. ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL

  Subject to section 817 of this title (article 17), general courts-martial

have jurisdiction to try persons subject to this chapter for any offense

made punishable by this chapter and may, under such limitations as the

President may prescribe, adjudge any punishment not forbidden by this

chapter, including the penalty of death when specifically authorized by

this chapter.  General courts-martial also have jurisdiction to try any

person who by the law of war is subject to trial by a military tribunal and

may adjudge any punishment permitted by the law of war.  However, a general

court-martial of the kind specified in section 816(1)(B) of this title

(article 16(1)(B)) shall not have jurisdiction to try any person for any

offense for which the death penalty may be adjudged unless the case has

been previously referred to trial as noncapital case.

   ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL

  Subject to section 817 of this title (article 17), special courts-martial

have jurisdiction to try persons subject to this chapter for any noncapital

offense made punishable by this chapter and, under such regulations as the

President may prescribe, for capital offenses. Special courts-martial may,

under such limitations as the President may prescribe, adjudge any

punishment not forbidden by this chapter except death, dishonorable

discharge, dismissal, confinement for more than six months, hard labor

without confinement for more than three months, forfeiture of pay exceeding

two-thirds pay per month, or forfeiture of pay for more than six months.  A

bad-conduct discharge may not be adjudged unless a complete record of the

proceedings and testimony has been made, counsel having the qualifications

prescribed under section 827(b) of this title (article 27(b)) was detailed

to represent the accused, and a military judge was detailed to the trial,

except in any case in which a military judge could not be detailed to the

trial, the convening authority shall make a detailed written statement, to

be appended to the record, stating the reason or reasons a military judge

could not be detailed.

   820 ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL

  Subject to section 817 of this title (article 17), summary courts-martial

have jurisdiction to try persons subject to this chapter, except officers,

cadets, aviation cadets, and midshipman, for any noncapital offense made

punishable by this chapter.  No person with respect to whom summary courts-

martial have jurisdiction may be brought to trial before a summary court-

martial if he objects thereto.  If objection to trial by summary court-

martial is made by an accused, trial may be ordered by special or general

court-martial as may be appropriate.  Summary courts-martial may, under

such limitations as the President may prescribe, adjudge any punishment not

forbidden by this chapter except death, dismissal, dishonorable or bad-

conduct discharge, confinement for more than one month, hard labor without

confinement for more than 45 days, restrictions to specified limits for

more than two months, or forfeiture of more than two-thirds of one month's

pay.

   821. ART. 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE

  The provisions of this chapter conferring jurisdiction upon courts-

martial do not deprive military commissions, provost courts, or other

military tribunals of concurrent jurisdiction with respect to offenders or

offenses that by statute or by the law of war may be tried by military

commissions, provost courts, or other military tribunals.

          SUBCHAPTER V. COMPOSITION OF COURTS-MARTIAL

  Sec.    Art.

  822.    22.  Who may convene general courts-martial.

  823.    23.  Who may convene special courts-martial.

  824.    24.  Who may convene summary courts-martial.

  825.    25.  Who may serve on courts-martial.

  826.    26.  Military judge of a general or special court-martial.

  827.    27.  Detail of trial counsel and defense counsel.

  828.    28.  Detail or employment of reporters and interpreters.

  829.    29.  Absent and additional members.

  ú822. ART. 22. WHO MAY CONVENE GENERAL COURTS-MARTIAL

     (a) General courts-martial may be convened by--

          (1) the President of the United States;

          *(2) the Secretary of Defense;

          *(3) the commanding officer of a unified or specified combatant

          command;

          (4) the Secretary concerned;

          (5) the commanding officer of a Territorial Department, an Army

          Group, an Army, an Army Corps, a division, a separate brigade, or

          a corresponding unit of the Army or Marine Corps;

          (6) the commander in chief of a fleet; the commanding officer of

          a naval station or larger activity of the Navy beyond the United

          States.

          (7) the commanding officer of an air command, an air force, an

          air division, or a separate wing of the Air Force or Marine

          Corps;

          (8) any other commanding officer designated by the Secretary

          concerned; or

          (9) any other commanding officer in any of the armed forces when

          empowered by the President.

     (b) If any such commanding officer is an accuser, the court shall be

convened by superior competent authority, and may in any case be convened

by such authority if considered desirable by him.

   823. ART. 23. WHO MAY CONVENE SPECIAL COURTS-MARTIAL

  (a) Special courts-martial may be convened by--

     (1) any person who may convene a general court-martial;

     (2) the commanding officer of a district, garrison, fort, camp,

     station, Air Force base, auxiliary air field, or other place where

     members of the Army or the Air Force are on duty;

     (3) the commanding officer of a brigade, regiment, detached battalion,

     or corresponding unit of the Army;

     (4) the commanding officer of a wing, group, or separate squadron of

     the Air Force;

     (5) the commanding officer of any naval or Coast Guard vessel,

     shipyard, base, or station; the commanding officer of any Marine

     brigade, regiment, detached battalion, or corresponding unit; the

     commanding officer of any Marine barracks, wing, group, separate

     squadron, station, base, auxiliary air field, or other place where

     members of the Marine Corps are on duty;

     (6) the commanding officer of any separate or detached command or

     group of detached units of any of the armed forces placed under a

     single commander for this purpose; or

     (7) the commanding officer or officer in charge of any other command

     when empowered by the Secretary concerned.

  (b) If any such officer is an accuser, the court shall be convened by

     superior competent authority, and may in any case be convened by such

     authority if considered advisable by him.

   824. ART. 24. WHO MAY CONVENE SUMMARY COURTS-MARTIAL

  (a) Summary courts-martial may be convened by--

     (1) any person who may convene a general or special court-martial;

     (2) the commanding officer of a detached company other detachment of

     the Army;

     (3) the commanding officer of a detached squadron or other detachment

     of the Air Force; or

     (4) the commanding officer or officer in charge of any other command

     when empowered by the Secretary concerned.

  (b) When only one commissioned officer is present with a command or

detachment he shall be the summary court-martial of that command or

detachment and shall hear and determine all summary court-martial cases

brought before him.  Summary courts-martial may, however, be convened in

any case by superior competent authority when considered desirable by him.

   825. ART, 25. WHO MAY SERVE ON COURTS-MARTIAL

  (a) Any commissioned officer on active duty is eligible to serve on all

courts-martial for the trial of any person who may lawfully be brought

before such courts for trial.

  (b) Any warrant officer on active duty is eligible to serve on general

and special courts-martial for the trial of any person, other than a

commissioned officer, who may lawfully be brought before such courts for

trial.

  *(c)(1) Any enlisted member of an armed force on active duty who is not a

member of the same unit as the accused is eligible to serve on general and

special courts-martial for the trial of any enlisted member of an armed

force who may lawfully be brought before such courts for trial, but he

shall serve as a member of a court only if, before the conclusion of a

session called by the military judge under section 839(a) of this title

(article 39(a)) prior to trial or, in the absence of such a session, before

the court is assembled for the trial of the accused, the accused personally

has requested orally on the record or in writing that enlisted members

serve on it.  After such a request, the accused may not be tried by a

general or special courts-martial the membership of which does not include

enlisted members in a number comprising at least one-third of the total

membership of the court, unless eligible enlisted members cannot be

obtained on account of physical conditions or military exigencies.  If such

members cannot be obtained, the court may be assembled and the trial held

without them, but the convening authority shall make a detailed written

statement, to be appended to the record, stating why they could not be

obtained.

     (2) In this article, "unit" means any regularly organized body as

defined by the Secretary concerned, but in no case may it be a body larger

than a company, squadron, ship's crew, or body corresponding to one of

them.

  (d)     (1) When it can be avoided, no member of an armed force may be

tried by a court-martial any member of which is junior to him in rank or

grade.

     (2) When convening a court-martial, the convening authority shall

detail as member thereof such members of the armed forces as, in his

opinion, are best qualified for the duty by reason of age, education,

training, experience, length of service, and judicial temperament.  No

member of an armed force is eligible to serve as a member of a general or

special court-martial when he is the accuser or a witness for the

prosecution or has acted as investigating officer or as counsel in the same

case.

  (e) Before a court-martial is assembled for the trial of a case, the

convening authority may excuse a member of the court from participating in

the case.  Under such regulations as the Secretary concerned may prescribe,

the convening authority may delegate his authority under this subsection to

his staff judge advocate or legal officer or to any other principal

assistant.

   826. ART. 26. MILITARY JUDGE OF A GENERAL OR SPECIAL COURT-MARTIAL

  (a) A military judge shall be detailed to each general court-martial.

Subject to regulations of the Secretary concerned, a military judge may be

detailed to any special court-martial.  The Secretary concerned shall

prescribe regulations providing for the manner in which military judges are

detailed for such courts-martial and for the persons who are authorized to

detail military judges for such courts-martial.  The military judge shall

preside over each open session of the court-martial in which he has been

detailed.

  (b) A military judge shall be a commissioned officer of the armed forces

who is a member of the bar of a Federal court or a member of the bar of the

highest court of a State and who is certified to be qualified for duty as a

military judge by the Judge Advocate General of the armed force of which

such military judge is a member.

  (c) The military judge of a general court-martial shall be designated by

the Judge Advocate General, or his designee, of the armed force of which

the military judge is a member of detail in accordance with regulations

prescribed under subsection (a). Unless the court-martial was convened by

the President or the Secretary concerned, neither the convening authority

nor any member of his staff shall prepare or review any report concerning

the effectiveness, fitness, or efficiency of the military judge so

detailed, which relates to his performance of duty as a military judge.  A

commissioned officer who is certified to be qualified for duty as a

military judge of a general court-martial may perform such duties only when

he is assigned and directly responsible to the Judge Advocate General, or

his designee, of the armed force of which the military judge is a member

and may perform duties of a judicial or nonjudicial nature other than those

relating to his primary duty as a military judge of a general court-martial

when such duties are assigned to him by or with the approval of that Judge

Advocate General or his designee.

  (d) No person is eligible to act as military judge in a case if he is the

accuser or a witness for the prosecution or has acted as investigating

officer or a counsel in the same case.

  (e) The military judge of a court-martial may not consult with the

members of the court except in the presence of the accused, trial counsel,

and defense counsel, nor may he vote with the members of the court.

   827. ART. 27. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL

  (a)     (1) Trial counsel and defense counsel shall be detailed for each

general and special court-martial.  Assistant trial counsel and assistant

and associate defense counsel may be detailed for each general and special

court-martial.  The Secretary concerned shall prescribe regulations

providing for the manner in which counsel are detailed for such courts-

martial and for the persons who are authorized to detail counsel for such

courts-martial.

     (2) No person who has acted as investigating officer, military judge,

or court member in any case may act later as trial counsel, assistant trial

counsel, or, unless expressly requested by the accused, as defense counsel

or assistant or associate defense counsel in the same case.  No person who

has acted for the prosecution may act later in the same case for the

defense, nor may any person who has acted for the defense act later in the

same case for the prosecution.

  (b) Trial counsel or defense counsel detailed for a general court-martial-

-

     (1) must be a judge advocate who is a graduate of an accredited law

school or is a member of the bar of a Federal court or of the highest court

of a State; or must be a member of the bar of a Federal court or of the

highest court of a State; and

     (2) must be certified as competent to perform such duties by the Judge

Advocate General of the armed force of which he is a member.

  (c) In the case of a special court-martial--

     (1) the accused shall be afforded the opportunity to be represented at

the trial by counsel having the qualifications prescribed under section

827(b) of this title (article 27(b)) unless counsel having such

qualifications cannot be obtained on account of physical conditions or

military exigencies. If counsel having such qualifications cannot be

obtained, the court may be convened and the trial held but the convening

authority shall make a detailed written statement, to be appended to the

record, stating why counsel with such qualifications could not be obtained;

     (2) if the trial counsel is qualified to act as counsel before a

general curt-martial, the defense counsel detailed by the convening

authority must be a person similarly qualified; and

     (3) if the trial counsel is a judge advocate or a member of the bar of

a Federal court or the highest court of a State, the defense counsel

detailed by the convening authority must be one of the foregoing.

   828. ART. 28 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.

  Under such regulations as the Secretary concerned may prescribe, the

convening authority of a court-martial, military commission, or court of

inquiry shall detail or employ qualified court reporters, who shall record

the proceedings of and testimony taken before that court or commission.

Under like regulations the convening authority of a court-martial, military

commission, or court of inquiry may detail or employ interpreters who shall

interpret for the court or commission.

   829. ART. 29. ABSENT AND ADDITIONAL MEMBERS

  (a) No member of a general or special court-martial may  be absent or

excused after the court has been assembled for the trial of the accused

unless excused as a result of challenge, excused by the military judge for

physical disability or other good cause, or excused by order of the

convening authority for good cause.

  (b) Whenever a general court-martial, other than a general court-martial

composed of a military judge only, is reduced below five members, the trial

may not proceed unless the convening authority details new member

sufficient in number to provide not less than five members.  The trial may

proceed with the new members present after the recorded evidence previously

introduced before the members of the court has been read to the court in

the presence of the military judge, the accused and counsel for both sides.

  (c) Whenever a special court-martial, other than a special court-marital

composed of a military judge only, is reduced below three members, the

trial may not proceed unless the convening authority details new members

sufficient in number to provide not less than three members.  The trial

shall proceed with the new members present as if no evidence had previously

been introduced at the trial, unless verbatim record of the evidence

previously introduced before the members of the court or a stipulation

thereof is read to the court in the presence of the military judge, if any,

the accused and counsel for both sides.

  (d) If the military judge of a court-martial composed of a military judge

only is unable to proceed with the trial because of physical disability, as

a result of a challenge, or for other good cause, the trial shall proceed,

subject to any  applicable conditions of section 816(1)(B) or (2)(C) of

this title (article 16(1)(B) or (2)(C), after the detail of a new military

judge as if no evidence had previously been introduced, unless a verbatim

record of the evidence previously introduced or a stipulation thereof is

read in court in the presence of the new military judge, the accused, and

counsel for both sides.

               SUBCHAPTER VI. PRE-TRIAL PROCEDURE

  Sec.    Art.

  830.    30.  Charges and specifications

  831.    31.  Compulsory self-incrimination prohibited.

  832.    32.  Investigation.

  833.    33.  Forwarding of charges.

  834.    34.  Advice of staff judge advocate and reference for trial.

  835.    35.  Service of charges.

   830. ART. 30. CHARGES AND SPECIFICATIONS

  (a) Charges and specifications shall be signed by a person subject to

this chapter under oath before a commissioned officer of the armed forces

authorized to administer oaths and shall state--

     (1) that the signer has personal knowledge of, or has investigated,

the matters set forth therein; and

     (2) that they are true in fact to the best of his knowledge and

belief.

  (b) Upon the preferring of charges, the proper authority shall take

immediate steps to determine what disposition should be made thereof in the

interest of justice and discipline, and the person accused shall be

informed of the charges against him as soon as practicable.

   831 ART. 31. COMPULSORY SELF-INCRIMINATION PROHIBITED

  (a) No person subject to this chapter may compel any person to

incriminate himself or to answer any questions the answer to which may tend

to incriminate him.

  (b) No person subject to this chapter may interrogate, or request any

statement from an accused or a person suspected of an offense without first

informing him of the nature of the accusation and advising him that he does

not have to make any statement regarding the offense of which he is accused

or suspected and that any statement made by him may be used as evidence

against him in a trial by court-martial.

  (c) No person subject to this chapter may compel any person to make a

statement or produce evidence before any military tribunal if the statement

or evidence in not material to the issue and may tend to degrade him.

  (d) No statement obtained from any person in violation of this article,

or through the use of coercion, unlawful influence, or unlawful inducement

may be received in evidence against him in a trial by court-martial.

   832. ART. 32. INVESTIGATION

  (a) No charge or specification may be referred to a general court-martial

for trial until a through and impartial investigation of all the matters

set forth therein has been made.  This investigation shall include inquiry

as to the truth of the matter set forth in the charges, consideration of

the form of charges, and recommendation as to the disposition which should

be made of the case in the interest of justice and discipline.

  (b) The accused shall be advised of the charges against him and of his

right to be represented at that investigation as provided in section 838 of

this title (article 38) and in regulations prescribed under that section.

At that investigation full opportunity shall be given to the accused to

cross-examine witnesses against him if they are available and to present

anything he may desire in his own behalf, either in defense or mitigation,

and the investigation officer shall examine available witnesses requested

by the accused.  If the charges are forwarded after the investigation, they

shall be accompanied by a statement of the substance of the testimony taken

on both sides and a copy thereof shall be given to the accused.

  (c) If an investigation of the subject matter of an offense has been

conducted before the accused is charged with the offense, and if the

accused was present at the investigation and afforded the opportunities for

representation, cross-examination, and presentation prescribed in

subsection (b), no further investigation of that charge is necessary under

this article unless it is demanded by the accused after he is informed of

the charge.  A demand for further investigation entitles the accused to

recall witnesses for further cross-examination and to offer any new

evidence in his own behalf.

  (d) The requirements of this article are binding on all persons

administering this chapter but failure to follow them does not constitute

judicial error.

   833. ART.. 33. FORWARDING OF CHARGES

  When a person is held for trial by general court-martial the commanding

officer shall, within eight days after the accused is ordered into arrest

or confinement, if practicable, forward the charges, together with the

investigation and allied papers, to the officer exercising general court

martial jurisdiction. If that is not practicable, he shall report in

writing to that officer the reasons for the delay.

   834. ART. 34. ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL

  (a) Before directing the trial of any charge by general court-martial,

the convening authority shall refer it to his staff judge advocate for

consideration and advice.  The convening authority may not refer a

specification under a charge to a general court-martial for trial unless he

has been advised in writing by the staff judge advocate that--

     (1) the specification alleges an offense under this chapter;

     (2) the specification is warranted by the evidence indicated in the

report of investigation under section 832 of this title (article 32) (if

there is such a report); and

     (3) a court-martial would have jurisdiction over the accused and the

offense.

  (b) The advice of the staff judge advocate under subsection (a) with

respect to a specification under a charge shall include a written and

signed statement by the staff judge advocate--

     (1) expressing his conclusions with respect to each matter set forth

in subsection (a); and

     (2) recommending action that the convening authority take regarding

the specification.

  If the specification is referred for trial, the recommendation of the

staff judge advocate shall accompany the specification.

  (c) If the charges or specifications are not formally correct or do not

conform to the substance of the evidence contained in the report of the

investigation officer, formal corrections, and such changes in the charges

and specifications as are needed to make them conform to the evidence, may

be made.

   835. ART. 35. SERVICE OF CHARGES.

  The trial counsel to whom court-martial charges are referred for trial

shall cause to be served upon the accused a copy of the charges upon which

trial is to be had.  In time of peace no person may, against his objection,

be brought to trial or be required to participate by himself or counsel in

a session called by the military judge under section 839(a) of this title

(article 39(a)), in a general court-martial case within a period of five

days after the service of charges upon him or in a special court-martial

within a period of three days after the service of the charges upon him.

               SUBCHAPTER VII. TRIAL PROCEDURE

  Sec.    Art.

  836.    36.  President may prescribe rules

  837.    37.  Unlawful influencing the action of the court.

  838.    38.  Duties of trial counsel and defense counsel.

  839.    39.  Sessions.

  840.    40.  Continuances.

  841.    41.  Challenges.

  842.    42.  Oaths.

  843.    43.  Statute of limitations.

  844.    44.  Former jeopardy.

  845.    45.  Pleas of the accused.

  846.    46.  Opportunity to obtain witnesses and other evidence.

  847.    47.  Refusal to appear or testify.

  848.    48.  Contempt's.

  849.    49.  Depositions.

  850.    50.  Admissibility of records of courts of inquiry.

  851.    51.  Voting and rulings.

  852.    52.  Number of votes required.

  853.    53.  Court to announce action.

  854.    54.  Record of trial.

   836. ART 36. PRESIDENT MAY PRESCRIBE RULES

  (a) Pretrial, trial, and post trial procedures, including modes of proof,

for cases arising under this chapter triable in courts-martial, military

commissions and other military tribunals, and procedures for courts of

inquiry, may be prescribed by the President by regulations which shall, so

far as he considers practicable, apply the principles of law and the rules

of evidence generally recognized in the trial of criminal cases in the

United States district courts, but which may not be contrary to or

inconsistent with this chapter.

  (b) All rules and regulations made under this article shall be uniform

insofar as practicable and shall be reported to Congress.

   837. ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT

  (a) No authority convening a general, special, or summary court-martial,

nor any other commanding officer, may censure, reprimand, or admonish the

court or any member, military judge, or counsel thereof, with respect to

the findings or sentence adjudged by the court, or with respect to any

other exercises of its or his functions in the conduct of the proceedings.

No person subject to this chapter may attempt to coerce or, by any

unauthorized means, influence the action of a court-martial or any other

military tribunal or any member thereof, in reaching the findings or

sentence in any case, or the action of any convening, approving, or

reviewing authority with respect to his judicial acts.  The foregoing

provisions of the subsection shall not apply with respect to (1) general

instructional or informational courses in military justice if such courses

are designed solely for the purpose of instructing members of a command in

the substantive and procedural aspects of courts-martial, or (2) to

statements and instructions given in open court by the military judge,

president of a special court-martial, or counsel.

  (b) In the preparation of an effectiveness, fitness, or efficiency report

on any other report or document used in whole or in part for the purpose of

determining whether a member of the armed forces is qualified to be

advanced, in grade, or in determining the assignment or transfer of a

member of the armed forces or in determining whether a member of the armed

forces should be retained on active duty, no person subject to this chapter

may, in preparing any such report (1) consider or evaluate the performance

of duty of any such member, as counsel, represented any accused before a

court-martial.

   838. ART. 38. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL

  (a) The trial counsel of a general or special court-martial shall

prosecute in the name of the United States, and shall, under the direction

of the court, prepare the record of the proceedings.

  (b)     (1) The accused has the right to be represented in his defense

before a general or special court-martial or at an investigation under

section 832 of this title (article 32) as provided in this subsection.

     (2) The accused may be represented by civilian counsel if provided by

him.

     (3) The accused may be represented--

          (A) by military counsel detailed under section 827 of this title

(article 27); or

          (B) by military counsel of his own selection if that counsel is

reasonably available (as determined under regulations prescribed under

paragraph (7)).

     (4) If the accused is represented by civilian counsel, military

counsel detailed or selected under paragraph (3) shall act as associate

counsel unless excused at the request of the accused.

     (5) Except as provided under paragraph (6), if the accused is

represented by military counsel of his own selection under paragraph

(3)(B), any military counsel detailed under paragraph (3)(A) shall be

excused.

     (6) The accused is not entitled to be represented by more than one

military counsel.  However, the person authorized under regulations

prescribed under section 827 of this title (article 27) to detail counsel

in his sole discretion--

          (A) may detail additional military counsel as assistant defense

          counsel; and

          (B) if the accused is represented by military counsel of his own

          selection under paragraph (3)(B), may approve a request from the

          accused that military counsel detailed under paragraph (3)(A) act

          as associate defense counsel.

     (7) The Secretary concerned shall, by regulation, define "reasonably

available" for the purpose of paragraph (3)(B) and establish procedures for

determining whether the military counsel selected by an accused under that

paragraph is reasonably available.  Such regulations may not prescribe any

limitation based on the reasonable availability of counsel solely on the

grounds that the counsel selected by the accused if from an armed force

other than the armed force of which the accuse is a member.  To the maximum

extent practicable, such regulations shall establish uniform policies among

the armed forces while recognizing the differences in the circumstances and

needs of the various armed forces.  The Secretary concerned shall submit

copies of regulations prescribed under this paragraph to the Committees on

Armed Services of the Senate and House of Representatives.

  (c) In any court-martial proceeding resulting in a conviction, the

defense counsel-

     (1) may foreword for attachment to the record of proceedings a brief

of such matters as he determines should be considered in behalf of the

accused on review (including any objections to the contents of the record

which he considers appropriate);

     (2) may assist the accused in the submission of any mater under

section 860 of this title (article 60); and

     (3) may take other action authorized by this chapter.

  (d) An assistant trial counsel of a general court-martial may, under the

direction of the trial counsel or when he is qualified to be a trial

counsel as required by section 827 of this title (article 27), perform any

duty imposed by law, regulation, or the custom of the service upon the

trial counsel of the court.  An assistant trial counsel of a special court-

martial may perform any duty of the trial counsel.

  (e) An assistant defense counsel of a general or special court-martial

may, under the direction of the defense counsel or when he is qualified to

be the defense counsel as required by section 827 of this title (article

27), perform any duty imposed by law, regulation, or custom of the service

upon counsel for the accused.

  839. ART. 39. SESSIONS

  (a) At any time after the service of charges which have been referred for

trial by court-martial composed of a military judge and members, the

military judge may, subject to section 835 of this title (article 35), call

the court into session without the presence of the members for the purpose

of--

     (1) hearing and determining motions raising defenses or objections

which are capable of determination without trial of the issues raised by a

plea of not guilty;

     (2) hearing and ruling upon any matter which may be ruled upon by the

military judge under this chapter, whether or not the matter is appropriate

for later consideration or decision by the members of the court;

     (3) if permitted by regulations of the Secretary concerned, holding

the arraignment and receiving the pleas of the accused; and

     (4) performing any other procedural function which may be performed by

the military judge under this chapter or under rules prescribed pursuant to

section 836 of this title (article 36) and which does not require the

presence of the members of the court.

  These proceedings shall be conducted in the presence of the accused, the

defense counsel, and the trial counsel and shall be made part of the

record.

     (b) When the members of a court-martial deliberate or vote, only the

members may be present.  All other proceedings, including any other

consultation of the members of the court with counsel or the military

judge, shall be made a part of the record and shall be in the presence of

the accused, the defense counsel, the trial counsel, and in cases in which

a military judge has been detailed to the court, the military judge.

   840. ART. 40. CONTINUANCES.

     The military judge or a court-martial without a military judge may,

for reasonable cause, grant a continuance to any party for such time, and

as often, as may appear to be just.

   841. ART. 41. CHALLENGES

     (a) The military judge and members of a general or special court-

martial may be challenged by the accused or the trial counsel for cause

stated to the court.  The military judge, or if none, the court, shall

determine the relevance and validity of the challenges for cause, and may

not receive a challenge to more than one person at a time.  Challenges by

the trial counsel shall ordinarily be presented and decided before those by

the accused are offered.

  (b) Each accused and the trial counsel is entitled to one preemptory

challenge, but the military judge may not be challenged except for cause.

   842. ART. 42. OATHS

  (a) Before performing their respective duties, military judges, members

of general and special courts-martial, trial counsel, assistant trial

counsel, defense counsel, assistant or associate defense counsel,

reporters, and interpreters shall take an oath to perform their duties

faithfully.  The form of the oath, the time and place of the taking

thereof, the manner of recording the same, and whether the oath shall be

taken for all cases in which these duties are to be performed or for a

particular case, shall be as prescribed in regulations of the Secretary

concerned.  These regulations may provide that an oath to perform

faithfully duties as a military judge, trial counsel, assistant trial

counsel, defense counsel, or assistant or associate defense counsel may be

taken at any time by any judge advocate or other person certified to be

qualified or competent for duty, and if such an oath is taken it need not

again be taken at the time the judge advocate, or other person is detailed

to that duty.

  (b) Each witness before a court-martial shall be examined on oath.

  * 843. ART. 43. STATUTE OF LIMITATIONS

  (a) A person charged with absence without leave or missing movement in

time of war, or with any offense punishable by death, may be tried at any

time without limitation.

  (b)     (1) Except as otherwise provided in this section (article), a

person charged with an offense is not liable to be tried by court-martial

if the offense was committed more than five years before the receipt of

sworn charges and specifications by an officer exercising summary court-

martial jurisdiction over the command.

     (2) A person charged with an offense is not liable to be punished

under section 815 of this title (article 15) if the offense was committed

more than two years before the imposition of punishment.

  (c) Periods in which the accused is absent without authority or fleeing

from justice shall be excluded in computing the period of limitation

prescribed in this section (article).

  (d) Periods in which the accused was absent from territory in which the

United States has the authority to apprehend him, or in the custody of

civil authorities, or in the hands of the enemy, shall be excluded in

computing the period of limitation prescribed in this article.

  (e) For an offense the trial of which in time of war is certified to the

President by the Secretary concerned to be detrimental to the prosecution

of the war or inimical to the national security, the period of limitation

prescribed in this article is extended to six months after the termination

of hostilities as proclaimed by the President or by a joint resolution of

Congress.

  (f) When the United States is at war, the running of any statute of

limitations applicable to any offense under this chapter--

     (1) involving fraud or attempted fraud against the United States or

any agency thereof in any manner, whether by conspiracy or not;

     (2) committed in connection with the acquisition, care, handling,

custody, control, or disposition of any real or personal property of the

United States; or

     (3) committed in connection with the negotiation, procurement, award,

performance, payment, interim financing, cancellation, or other termination

or settlement, of any contract, subcontract, or purchase order which is

connected with or related to the prosecution of the war, or with any

disposition of termination inventory by any war contractor or Government

agency;

  is suspended until three years after the termination of hostilities as

proclaimed by the President or by a joint resolution of Congress.

  *(g)    (1) If charges or specifications are dismissed or insufficient

for any cause and the period prescribed by the applicable statute of

limitations--

          (A) has expired; or

          (B) will expire within 180 days after the date of dismissal of

          the charges and specifications, trial and punishment under new

          charges and specifications are not bared by the statute of

          limitations if the conditions specified in paragraph (2) are met.

     (2) The conditions referred to in paragraph (1) are that the new

charges and specifications must--

          (A) be received by an officer exercising summary court-martial

jurisdiction over the command within 180 days after dismissal of the

charges or specifications; and

          (B) allege the same acts or omissions that were alleged in the

dismissed charges or specifications (or allege acts or omissions that were

included in the dismissed charges or specifications).

   844. ART. 44. FORMER JEOPARDY

  (a) No person may, without his consent, be tried a second time for the

same offense.

  (b) No proceeding in which the accused has been found guilty by court-

martial upon any charge or specification is a trial in the sense of this

article until the finding of guilty has become final after review of the

case has been fully completed.

  (c) A proceeding which, after the introduction of evidence but before a

finding, is dismissed or terminated by the convening authority or motion of

the prosecution for failure of available evidence or witnesses without any

fault of the accused is a trial in the sense of this article.

   845. ART. 45. PLEAS OF THE ACCUSED

  (a) If an accused after arraignment makes an irregular pleading, or after

a plea of guilty sets up matter inconsistent with the plea, or if it

appears that he has entered the plea of guilty improvidently or through

lack of understanding of its meaning and effect, or if he fails or refuses

to plead, a plea of not guilty shall be entered in the record, and the

court shall proceed as though he had pleaded not guilty.

  (b) A plea of guilty by the accused may not be received to any charge or

specification alleging an offense for which the death penalty may be

adjudged.  With respect to any other charge or specification to which a

plea of guilty has been made by the accused and accepted by the military

judge or by a court-martial without a military judge, a finding of guilty

of the charge or specification may, if permitted by regulations of the

Secretary concurrence, be entered immediately whither vote.  This finding

shall constitute the finding of the court unless the plea of guilty is

withdrawn prior to announcement of the sentence, in which event the

proceedings shall continue as though the accused had pleaded not guilty.

   846. ART. 46. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE

  The trial counsel, the defense counsel, and the court-martial shall have

equal opportunity to obtain witnesses and other evidence in accordance with

such regulations as the President may prescribe.  Process issued in court-

martial cases to compel witnesses to appear and testify and to compel the

production of other evidence shall be similar to that which courts of the

Unites States having criminal jurisdiction may lawfully issue and shall run

to any part of the United States, or the Territories, Commonwealths, and

possessions.

   847. ART. 47. REFUSAL TO APPEAR OR TESTIFY

  (a) Any person not subject to this who--

     (1) has been dully subpoenaed to appear as a witness before a court-

martial, military commission, court of inquiry, or any other military court

or board, or before any military or civil officer designated to take a

deposition to be read in evidence before such a court, commission, or

board;

     (2) has been dully paid or tendered the fees and mileage of a witness

at the rates allowed to witnesses attending the courts of the United

States; and

     (3) willfully neglects or refuses to appear, or refuses to qualify as

a witness or to testify or to produce any evidence which that person may

have been legally subpoenaed to produce;

  is guilty of an offense against the United States.

  (b) Any person who commits an offense named in subsection (a) shall be

tried on information in a United States district court or in a court of

original criminal jurisdiction in any of the Territories, Commonwealths, or

possessions of the United States, and jurisdiction is conferred upon those

courts for that purpose.  Upon conviction, such person shall be punished by

a fine of not more than $500, or imprisonment for not more than six months,

or both.

  (c) The United States attorney or the officer prosecuting for the United

States in any such court of original criminal jurisdiction shall, upon the

certification of the facts to him by the military court, commission, court

of inquiry, or board, file an information against and prosecute any person

violating this article.

  (d) The fees and mileage of witnesses shall be advanced or paid out of

the appropriations for the compensation of witnesses.

   848. ART. 48. CONTEMPT'S

  A court-martial, provost court, or military commission may punish for

contempt any person who uses any menacing word, sign, or gesture in its

presence, or who disturbs its proceedings by any riot or disorder.  The

punishment may not exceed confinement for 30 days or a fine of $100 or

both.

   849. ART. 49. DEPOSITIONS

  (a) At any time after charges have been signed as provided in section 830

of this title (article 30), any party may take oral or written depositions

unless the military judge or court-martial without a military judge hearing

the case or, if the case is not being heard, an attorney competent to

convene a court-martial for the trial of those charges forbids it for good

cause.  If a deposition is to be taken before charges are referred for

trial, such authority may designate commissioned officers to represent the

prosecution and the defense and may authorize those officers to take the

deposition of any witness.

  (b) The party at whose instance a deposition is to be taken shall give to

every other party reasonable written notice of the time and place for

taking the deposition.

  (c) Depositions may be taken before and authenticated by any military or

civilian authorized by the laws of the United States or by the laws of the

place where the deposition is taken to administer oaths.

  (d) A duly authenticated deposition taken upon reasonable notice to other

parties, so far as otherwise admissible under the rules of evidence, may be

read in evidence or, in the case of audiotape, videotape, or similar

material, may be played in evidence before any military court or commission

in any case not capital, or in any proceeding before a court of inquiry or

military board, if it appears--

     (1) that the witness resides or is beyond the State, Territory,

Commonwealth, or District of Columbia in which the court, commission, or

board is ordered to sit, or beyond 100 miles from the place of trial or

hearing;

     (2) that the witness by reason of death, age, sickness, bodily

infirmity, imprisonment, military necessity, non amenability to process, or

other reasonable cause is unable or refuses to appear and testify in person

at the place of trial or hearing; or

     (3) that the present whereabouts of the witness is unknown.

  (e) Subject to subsection (d), a deposition may be read in evidence or,

in the case of audiotape, videotape, or similar material, may be played in

evidence in any case in which the death penalty is authorized but is not

mandatory, whenever the convening authority directs that the case be

treated as not capital, and in such a case a sentence of death may not be

adjudged by the court-martial.

   850. ART. 50. ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY

  (a) In any case not capital and not extending to the dismissal of a

commissioned officer, the sworn testimony, contained in the duly

authenticated record of proceedings of a court of inquiry, of a person

whose oral testimony cannot be obtained, may, if otherwise admissible under

the rules of evidence, be read in evidence by any party before a court-

martial or military commission if the accused was a party before the court

of inquiry and if the same issue was involved or if the accused consents to

the introduction of such evidence.

  (b) such testimony may be read in evidence only by the defense in capital

cases extending to the dismissal of a commissioned officer.

  (c) Such testimony may also be read in evidence before a court of inquiry

or a military board.

  * 850a. ART. 50a. DEFENSE OF LACK OF MENTAL RESPONSIBILITY

  (a) It is an affirmative defense in a trial by court-martial that, at the

time of the commission of the acts constituting the offense, the accused,

as a result of a sever mental disease or defect, was unable to appreciate

the nature and quality or the wrongfulness of the acts.  Mental disease or

defect does not otherwise constitute a defense.

  (b) The accused has the burden of proving the defense of lack of mental

responsibility by clear and convincing evidence.

  (c) Whenever lack of mental responsibility of the accused with respect to

an offense is properly at issue, the military judge, or the president of

the court-martial without a military judge, shall instruct the members of

the court as to the defense of lack of mental responsibility under this

section and shall charge them to find the accused--

     (1) guilty;

     (2) not guilty; or

     (3) not guilty only by reason of lack of mental responsibility.

  (d) Subsection (c) does not apply to a court-martial composed of a

military judge only.  In the case of a court-martial composed of a military

judge only, whenever lack of mental responsibility of the accused with

respect to an offense is properly at issue, the military judge shall find

the accused--

     (1) guilty;

     (2) not guilty; or

     (3) not guilty only by reason of lack of mental responsibility.

  (e) Notwithstanding the provision of section 852 of this title (article

52), the accused shall be found not guilty only by reason of lack of mental

responsibility if--

     (1) a majority of the members of the court-martial present at the time

the vote is taken determines that the defense of lack of mental

responsibility has been established; or

     (2) in the case of court-martial composed of a military judge only,

the military judge determines that the defense of lack of mental

responsibility has been established.

   851. ART. 51. VOTING AND RULINGS

  (a) Voting by members of a general or special court-martial on the

findings and on the sentence, and by members of a court-martial without a

military judge upon questions of challenge, shall be by secret written

ballot.  The junior member of the court shall count the votes.  The count

shall be checked by the president, who shall forthwith announce the result

of the ballot to the members of the court.

  (b) The military judge and, except for questions of challenge, the

president of a court-martial without a military judge shall ruse upon all

questions of law and all interlocutory questions arising during the

proceedings.  Any such ruling made by the military judge upon any question

of lay or any interlocutory question other than the factual issue of mental

responsibility of the accused, or by the president of a court-martial

without a military judge upon any question of law other than a motion for a

finding of not guilty, is final and constitutes the ruling of the court.

However, the military judge or the president of a court-martial without a

military judge may change his ruling at any time during the trial.  Unless

the ruling is final, if any member objects thereto, the court shall be

cleared and closed and the question decided by a voice vote as provided in

section 852 of this title (article 52), beginning with the junior in rank.

  (c) Before a vote is taken of the findings, the military judge or the

president of a court-martial without a military judge shall, in the

presence of the accused and counsel, instruct the members of the court as

to the elements of the offense and charge them--

     (1) that the accused must be presumed to be innocent until his guilt

is established by legal and competent evidence beyond reasonable doubt;

     (2) that in the case being considered, if there is a reasonable doubt

as to the guilt of the accused, the doubt must be resolved in favor of the

accused and he must be acquitted;

     (3) that, if there is reasonable doubt as to the degree of guilt, the

finding must be in a lower degree as to which there is no reasonable doubt;

and

     (4) that the burden of proof to establish the guilt of the accused

beyond a reasonable doubt is upon the United States.

  (d) Subsections (a), (b), and (c) do not apply to a court-martial

composed of a military judge only.  The military judge of such a court-

martial shall determine all questions of law and fact arising during the

proceedings, and, if the accused is convicted, adjudge an appropriate

sentence.  The military judge of such a court-martial shall make a general

finding and shall in addition on request find the facts specially.  If an

opinion or memorandum of decision is field, it will be sufficient if the

findings of fact appear therein.

   852. ART. 52. NUMBER OF VOTES REQUIRED

  (a)     (1) No person may be convicted of an offense for which the death

penalty is made mandatory by law, except by the concurrence of all the

members of the court-martial present at the time the vote is taken.

     (2) No person may be convicted of any other offense, except as

provided in section 845(b) of this title (article 45(b)) or by concurrence

of two-thirds of the members present at the time the vote is taken.

  (b)     (1) No person may be sentenced to suffer death, except by the

concurrence of all the members of the court-martial present at the time the

vote is taken and for an offense in this chapter expressly made punishable

by death.

     (2) No person may be sentenced by life imprisonment or to confinement

for more than ten years, except by the concurrence of three-fourths of the

members at the time the vote is taken.

     (3) All other sentences shall be determined by the concurrence of two-

thirds of the members at the time the vote is taken.

  (c) All other questions to be decided by the members of a general or

special court-martial shall be determined by a majority vote, but a

determination to reconsider a finding of guilty or to reconsider a

sentence, with a view toward decreasing it, may be made by any lesser vote

which indicates that the reconsideration is not opposed by the number of

votes required for that finding or sentence.  A tie vote on a challenge

disqualifies the member challenged.  A tie vote on a motion for a finding

of not guilty or on a motion relating to the question of the accused

sanity. is a determination against the accused.  A tie vote on any other

question is a determination in favor of the accused.

   853. ART. 53. COURT TO ANNOUNCE ACTION

  A court-martial shall announce its findings and sentence to the parties

as soon as determined.

   854. ART. 54. RECORD OF TRIAL

  (a) Each general court-martial shall deep a separate record of the

proceedings in each case brought before it, and the record shall be

authenticated by the signature of the military judge.  If the record cannot

be authenticated by the military judge by reason of his death, disability,

or absence, it shall be authenticated by the signature of the trial counsel

or by that of a member if the trial counsel is unable to authenticate it by

reason of his death, disability, or absence.  In a court-martial consisting

of only a military judge the record shall be authenticated by the court

reporter under the same conditions which would impose such a duty on a

member under the subsection.

  (b) Each special and summary court-martial shall keep a separate record

of the proceedings in each case, and the record shall be authenticated in

the manner required by such regulations as the President may prescribe.

  (c)     (1) A complete record of the proceedings and testimony shall be

prepared--

          (A) in each general court-martial case in which the sentence

          adjudged includes death, a dismissal, a discharge, or (if the

          sentence adjudged does not include a discharge) or any other

          punishment which exceeds that which may otherwise be adjudged by

          a special court-martial; and

          (B) in each special court-martial case in which the sentence

          includes a bad-conduct discharge.

     (2) In all other court-martial cases, the record shall contain such

matters as may be prescribed by regulations of the President.

  (d) A copy of the record of the proceedings of each general and special

court-martial shall be given to the accused as soon as it is authenticated.

                    SUBCHAPTER VIII. SENTENCES

  Sec.    Art.

  855.    55.  Cruel and unusual punishments prohibited.

  856.    56.  Maximum limits.

  857.    57.  Effective date of sentences.

  858.    58.  Execution of confinement.

  858a.   58a. Sentences: reduction in enlisted grade upon approval.

   855. ART. 55. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED.

  Punishment by flogging, or by branding, marking, or tattooing on the

body, or any other cruel or unusual punishment, may not be adjudged by a

court-martial or inflicted upon any person subject to this chapter.  The

use of irons, single or double, except for the purpose of safe custody, is

prohibited.

   856. ART. 56. MAXIMUM LIMITS

  The punishment which a court-martial may direct for an offense may not

exceed such limits as the President may prescribe for that offense.

   857. ART. 57. EFFECTIVE DATE OF SENTENCES

  (a) No forfeiture may extend to any pay or allowances accrued before the

date on which the sentence is approved by the person acting under section

860(c) of this title (article 60(c)).

  (b) Any period of confinement included in a sentence of a court-martial

begins to run from the date the sentence is adjudged by the court-martial,

but periods during which the sentence to confinement is suspended or

deferred shall be excluded in computing the service of the term of

confinement.

  (c) All other sentences of courts-martial are effective on the date

ordered executed.

  (d) On application by an accused who is under sentence to confinement

that has not been ordered executed, the convening authority, or, if the

accused is no longer under his jurisdiction, the officer exercising general

court-martial jurisdiction over the command to which the accused is

currently assigned, may in his sole discretion defer service of the

sentence to confinement. The deferment shall terminate when the sentence is

ordered executed.  The deferment may be rescinded at any time by the

officer who granted it or, if the accused is no longer under his

jurisdiction, by the officer exercising general court-martial jurisdiction

over the command to which the accused is currently assigned.

   858. ART. 58. EXECUTION OF CONFINEMENT.

  (a) Under such instructions as the Secretary concerned may prescribe, a

sentence of confinement adjudged by a court-martial or other military

tribunal, whether or not the sentence includes discharge or dismissal, and

whether or not the discharge or dismissal has been executed, may be carried

into execution by confinement in any place of confinement under the control

of any of the armed forces or in any penal or correctional institution

under the control of the United States, or which the United States may be

allowed to use.  Persons so confined in a penal or correctional institution

not under the control of one of the armed forces are subject to the dame

discipline and treatment as persons confined or committed by the courts of

the United States or of the State, Territory, District of Columbia, or

place in which the institution is situated.

  (b) The omission of the words "hard labor" from any sentence of a court-

martial adjudging confinement does not deprive the authority executing that

sentence of the power to require hard labor as a part of the punishment.

   858a. ART. 58a. SENTENCES: REDUCTION IN ENLISTED GRADE UPON APPROVAL

  (a) Unless otherwise provided in regulations to be prescribed by the

Secretary concerned, a court-martial sentence of an enlisted member in pay

grade above E-1, as approved by the convening authority, that includes--

     (1) a dishonorable or bad-conduct discharge;

     (2) confinement; or

     (3) hard labor without confinement;

  reduces that member to pay grade E1, effective on the date of that

approval.

  (b) If the sentence of a member who is reduced in pay grade under

subsection (a) is set aside or disapproved, or, as finally approved does

not include any punishment named in subsection (a)(1), (2), or (3), the

rights and privileges of which he was deprived because of that reduction

shall be restored to him and he is entitled to the pay and allowances to

which he would have been entitled for the period the reduction was in

effect, had he not been so reduced.

               SUBCHAPTER IX. POST-TRIAL PROCEDURE

                     AND REVIEW OF COURTS-MARTIAL

  Sec.    Art.

  859.         59.  Error of law; lesser included offense.

  860.         60.  Action by the convening authority.

  861.         61.  Waiver or withdrawal of appeal.

  862.         62.  Appeal by the United States.

  863.         63.  Rehearings.

  864.         64.  Review by a judge advocate.

  865.         65.  Disposition of records.

  866.         66.  Review by Court of Military Review.

  867.         67.  Review by the Court of Military Appeals.

  *867a.  67a. Review by the Supreme Court.

  868.         68.  Branch offices.

  869.         69.  Review in the office of the Judge Advocate

General.

  870.         70.  Appellate counsel.

  871.         71.  Execution of sentence; suspension of

sentence.

  872.         72.  Vacation of suspension.

  873.         73.  Petition for a new trial.

  874.         74.  Remission and suspension.

  875.         75.  Restoration.

  876.         76.  Finality of proceedings, findings, and

sentences.

  876a.   76a. Leave required to be taken pending review of

          certain court-martial convictions.

   859. ART. 59. ERROR OF LAW; LESSER INCLUDED OFFENSE

  (a) A finding or sentence of court-martial may not be held

incorrect on the ground of an error of law unless the error

materially prejudices the substantial rights of the accused.

  (b) Any reviewing authority with the power to approve or affirm

a finding of guilty may approve or affirm, instead, so much of

the finding as includes a lesser included offense.

   860. ART. 60. ACTION BY THE CONVENING AUTHORITY

  (a) the findings and sentence of a court-martial shall be

reported promptly to the convening authority after the

announcement of the sentence.

  (b)     (1) the accused may submit to the convening authority

matters for consideration by the convening authority with respect

to the findings and the sentence.  Except in a summary court-

martial case, such a submission shall be made within 10 days

after the accused has been given an authenticated record of trial

and, if applicable, the recommendation of the staff judge

advocate or legal officer under subsection (d).  In a summary

court-martial case, such submission shall be made within seven

days after the sentence is announced.

     (2) If the accused shows that additional time is required

for the accused to submit such matters, the convening authority

or other person taking action under this section, for good cause,

may extend the applicable period under paragraph (1) for not more

than an additional 20 days.

     (3) In a summary court-martial case, the accused shall be

promptly provided a copy of the record of trial for use in

preparing a submission authorized by paragraph (1).

     (4) The accused may waive his right to make a submission to

the convening authority under paragraph (1).  Such a waiver must

be made in writing and may not be revoked.  For the purposes of

subsection (c)(2), the time within which the accused may make a

submission under this subsection shall be deemed to have expired

upon the submission of such a waiver to the convening authority.

  (c)     (1) The authority under this section to  modify the

findings and sentence of a court-martial is a matter of command

prerogative involving the sole discretion of the convening

authority.  Under regulations of the Secretary concerned, a

commissioned officer commanding for the time being, a successor

in command, or any person exercising general court-martial

jurisdiction may act under this section in place of the convening

authority.

     (2) Action on the sentence of a court-martial shall be taken

by the convening authority or by another person authorized to act

under this section.  Subject to regulations of the Secretary

concerned, such action may be taken only after consideration of

any matters submitted by the accused under subsection (b) or

after the time for submitting such matters expires, whichever is

earlier.  The convening authority or other person taking such

action, in his sole discretion, may approve, disapprove, commute,

or suspend the sentence in whole or in part.

     (3) Action on the findings of a court-martial by the

convening authority or other person acting on the sentence is not

required.  However, such person, in his sole discretion, may--

          (A) dismiss any charge or specification by setting

          aside a finding of guilty thereto; or

          (B) change a finding of guilty to a charge or

          specification to a finding of guilty to an offense that

          is a lesser included offense of the offense stated in

          the charge or specification.

  (d) Before acting under this section on any general court-

martial case or any special court-martial case that includes a

bad-conduct discharge, the convening authority or other person

taking action under this section shall obtain and consider the

written recommendation of his staff judge advocate or legal

officer.  The convening authority or other person taking action

under this section shall refer the record of trial to his staff

judge advocate or legal officer, and the staff judge advocate or

legal officer shall use such record in the preparation of his

recommendation.  The recommendation of the staff judge advocate

or legal officer shall include such matters as the President may

prescribe by regulation and shall be served on the accused, who

may submit any matter in response under subsection (b).  Failure

to object in the response to the recommendation or to any matter

attached to the recommendation waives the right to object

thereto.

  (e)     (1) The convening authority or other person taking

action under this section, in his sole discretion, may order a

proceeding in revision or a rehearing.

     (2) A proceeding in revision may be ordered if there is an

apparent error or omission in the record or if the record shows

improper or inconsistent action by a court-martial with respect

to the findings or sentence that can be rectified without

material prejudice to the substantial rights of the accused.  In

no case, however, may a proceeding in revision--

          (A) reconsider a finding of not guilty of any

          specification or a ruling which amounts to a finding of

          not guilty;

          (B) reconsider a finding of not guilty of any charge,

          unless there has been a finding of guilty under a

          specification laid under that charge, which

          sufficiently alleges a violation of some article of

          this chapter; or

          (C) increase the severity of some article of the

          sentence unless the sentence prescribed for the offense

          is mandatory.

     (3) A rehearing may be ordered by the convening authority or

other person taking action under this section if he disapproves

the findings and sentence and states the reasons for disapproval

of the findings.  If such a person disapproves the findings and

sentence and does not order a rehearing, he shall dismiss the

charges.  A rehearing as to the findings may not be ordered where

there is a lack of sufficient evidence in the record to support

the findings.  A rehearing as to the sentence may be ordered if

the convening authority or other person taken action under this

subsection disapproves the sentence.

   861. WAIVER OR WITHDRAWAL OF APPEAL

  (a) In each case subject to appellate review under section 866

or 869(a) of this title (article 66 or 69(a)), except a case in

which the sentence as approved under section 860(c) of this title

(article 60(c)) includes death, the accused may file with the

convening authority a statement expressly waving the right of the

accuse d to such review.  Such a waiver shall be signed by both

the accused and by defense counsel and must be filed within 10

days after the action under sections 860(c) of this title

(article 60(c)) is served on the accused or on defense counsel.

the convening authority or other person taking such action, for

good cause, may extend the period for such filing by not more

than 30 days.

  (b) Except in a case in which the sentence as approved under

section 860(c) of this title (article 60(c)) includes death, the

accused may withdraw an appeal at any time.

  (c) A waiver of the right to appellate review or the withdrawal

of an appeal under this section bars review under section 866 or

869(a) of this title (article 66 or 69(a)).

   862. ART. 62. APPEAL BY THE UNITED STATES

  (a)     (1) In a trial by court-martial in which a military

judge presides and in which a punitive discharge may be adjudged,

the United States may appeal an order or ruling of the military

judge which terminates the proceedings with respect to a charge

or specifications or which excludes evidence that is substantial

proof of a fact material in the proceeding.  However, the United

States may not appeal an order or ruling that is, or amounts to,

a finding of not guilty with respect to the charge or

specification.

     (2) An appeal of an order or ruling may not be taken unless

the trial counsel provides the military judge with written notice

of appeal from the order or ruling within 72 hours of the order

or ruling.  Such notice shall include a certification by the

  (b) An appeal under this section shall be forwarded by means

prescribed under regulations of the President directly to the

Court of Military Review and shall, whenever practicable, have

priority over all other proceedings before that court.  In ruling

on an appeal under this section, the Court of Military review may

act only with respect to matters of law, notwithstanding section

866(c) of this title (article 66(c)).

  (c) Any period of delay resulting from an appeal under this

section shall be excluded in deciding any issue regarding denial

of a speedy trial unless an appropriate authority determines that

the appeal was filed solely for the purpose of delay with the

knowledge that it was totally frivolous and without merit.

   863. ART. 63. REHEARINGS

  Each rehearing under this chapter shall take place before a

court-martial composed of members not members of the court-

martial which first heard the case.  Upon a rehearing the accused

may not be tried for any offense of which he was found not guilty

by the first court-martial, and no sentence in excess of or more

than the original sentence may be imposed unless the sentence is

based upon a finding of guilty of an offense not considered upon

the merits in the original proceedings, or unless the sentence

prescribed for the offense is mandatory.  If the sentence

approved after the first court-martial was in accordance with a

pretrial agreement and the accused at the rehearing changes his

plea with respect to the charges or specifications upon which the

pretrial agreement was based, or otherwise does not comply with

pretrial agreement, the sentence as to those charges or

specifications may include any punishment not in excess of that

lawfully adjudged at the first court-martial.

   864. ART. 64. REVIEW BY A JUDGE ADVOCATE

  (a) Each case in which there has been a finding of guilty that

is not reviewed under section 866 or 869(a) of this title

(article 66 or 69(a)) shall be reviewed by a  judge advocate

under regulations of the Secretary concerned.  A judge advocate

may not review a case under this subsection if he has acted in

the same case as an accuser, investigating officer, member of the

court, military judge, or counsel or has otherwise acted on

behalf of the prosecution or defense.  The judge advocate's

review shall be in writing and shall contain the following:

     (1) Conclusions at to whether--

          (A) the court had jurisdiction over the accused and the

          offense;

          (B) the charge and specification stated an offense; and

          (C) the sentence was within the limits prescribed as a

          matter of law.

     (2) A response to each allegation of error made in writing

by the accused.

     (3) If the case is sent for action under subsection (b), a

recommendation as to the appropriate action to be taken and an

opinion as to whether corrective action is required as a matter

of law.

  (b) The record of trial and related documents in each case

reviewed under subsection (a) shall be sent for action to the

person exercising general court-martial jurisdiction over the

accused at the time the court was convened (or to that person's

successor in command) if--

     (1) the judge advocate who reviewed the case recommends

corrective action;

     (2) the sentence approved under section 860(c) of this title

(article 60(c)) extends to dismissal, a bad-conduct or

dishonorable discharge, or confinement for more than six months;

or

     (3) such action is otherwise required by regulations of the

Secretary concerned.

  (c)     (1) The person to whom the record of trial and related

documents are sent under subsection (b) may--

          (A) disapprove or approve the findings or sentence, in

          whole or in part;

          (B) remit, commute, or suspend the sentence in whole or

          in part;

          (C) except where the evidence was insufficient at the

          trial to support the findings, order a rehearing on the

          findings, on the sentence, or on both; or

          (D) dismiss the charges.

     (2) If a rehearing is ordered by the convening authority

finds a rehearing impracticable, he shall dismiss the charges.

     (3) If the opinion of the judge advocate in the judge

advocate's review under subsection (a) is that corrective action

is required as a matter of law and if the person required to take

action under subsection (b) does not take action that is at least

as favorable to the accused as that recommended by the judge

advocate, the record of trial and action thereon shall be sent to

Judge Advocate General for review under section 869(b) of this

title (article 69(b)).

   865. ART. 65. DISPOSITION OF RECORDS

  (a) In a case subject to appellate review under section 866 or

869(a) of this title (article 66 or 69(a)) in which the right to

such review is not waived, or an appeal is not withdrawn, under

section 861 of this title (article 61), the record of trial and

action thereon shall be transmitted to the Judge General for

appropriate action.

  (b) Except as otherwise required by this chapter, all other

records of trial and related documents shall be transmitted and

disposed of as the Secretary may prescribe by regulation.

   866. ART. 66. REVIEW BY COURT OF MILITARY REVIEW

  (a) Each Judge Advocate General shall establish a Court of

Military Review which shall be composed of one or more panels,

and each such panel shall be composed of not less than three

appellate military judges.  For the purpose of reviewing court-

martial cases, the court may sit in panels or as a whole in

accordance with rules prescribed under subsection (f).  Any

decision of a panel bay be reconsidered by the court sitting as a

whole in accordance with such rules.  Appellate military judges

who are assigned to a Court of Military Review may be

commissioned officers or civilians, each of whom must be a member

of a bar of a Federal court or the highest court of a State.  The

Judge Advocate General shall designate as trial counsel that

appeal is not taken for the purpose of delay and (if the order or

ruling appealed is one which excludes evidence) that the evidence

is substantial proof of a fact material in the proceeding.

     (3) An appeal under this section shall be diligently

prosecuted by appellate Government counsel.

  (b) An appeal under this section shall be forwarded by a means

prescribed under regulations of the President directly to the

Court of Military Review and shall, whenever practicable, have

priority over all other proceedings before that court.  In ruling

on an appeal under this section, the Court of Military Review may

act only with respect to matters of law, notwithstanding section

666(c) of this title (article 66(c)).

  (c) Any period of delay resulting from an appeal under this

section shall be excluded in deciding any issue regarding denial

of a speedy trial unless an appropriate authority determines that

the appeal was filed solely for the purposed of delay with the

knowledge that it was totally frivolous and without merit.

  * 867. ART. 67. REVIEW BY THE COURT OF MILITARY APPEALS

  (a) The Court of Military Appeals shall review the record in--

     (1) all cases in which the sentence, as affirmed by a Court

of Military Review, extends to death;

     (2) all cases reviewed by a Court of Military Review which

the Judge Advocate General orders sent to the Court of Military

Appeals for review; and

     (3) all cases reviewed by a Court of Military Review in

which, upon petition of the accused and on good cause shown, the

Court of Military Appeals has granted review.

  (b) the accused may petition the Court of Military Appeals for

review of a decision of a court of Military Review within 60 days

from the earlier of --

     (1) the date on which the accused is notified of the

decision of the Court of Military Review; or

     (2) the date on which a copy of the decision of the Court of

Military Review, after being served on appellate counsel of

record fro the accused (if any), is deposited in the United

States mails for delivery by first class mail to the accused at

an address provided by the accused, or, if no such address has

been provided by the accused, at the last address listed for the

accused in his official service record.  The Court of Military

Appeals shall act upon such a petition promptly in accordance

with the rules of the court.

  (c) In any case reviewed by it, the Court of Military Appeals

may act only with respect to the findings and sentence as

approved by the convening authority and as affirmed or set aside

as incorrect in law by the Court of Military Review.  In a case

which the Judge Advocate General orders sent to the Court of

Military Appeals, that action need be taken only with respect to

the issues raised by him.  In a case reviewed upon petition of

the accused, that action need be taken only with respect to

issues specified in the grant of review.  The Court of Military

Appeals shall take action only with respect to matters of law.

  (d) If the Court of Military Appeals sets aside the findings

and sentence, it may, except where the setting aside is based on

lack of sufficient evidence in the record to support the

findings, order a rehearing.  If it sets aside the findings and

sentence and does not order a rehearing, it shall order that the

charges be dismissed.

  (e) After it has acted on a case, the Court of Military Appeals

may direct the Judge Advocate General to return the record to the

Court of Military Review for further review in accordance with

the decision of the Court.  Otherwise, unless there is to be

further action by the President or the Secretary concerned, the

Judge Advocate General shall instruct the convening authority to

take action in accordance with that decision.  If the court has

ordered a rehearing, but the convening authority finds a

rehearing impracticable, he may dismiss the charges.

  * 867a. ART. 67a. REVIEW BY THE SUPREME COURT

  (a) Decisions of the Unites States Court of Military Appeals

are subject to review by the Supreme Court by writ of certiorari

as provided in section 1259 of title 28.  The Supreme Court may

not review by a writ of cetriorari under this section any action

of the Court of Military Appeals in refusing to grant a petition

for review.

  (b) The accused may petition the Supreme Court for a writ of

certiorari without prepayment of fees and costs or security

therefor and without filing the affidavit required by section

1915(a) of title 28.

   868. ART. 68. BRANCH OFFICES

  The Secretary concerned may direct the Judge Advocate General

to establish a branch office with any command.  The branch office

shall be under an Assistant Judge Advocate General who, with the

consent of the judge Advocate General, may establish a Court of

Military Review with one or more panels.  That Assistant Judge

Advocate General and any Court of Military Review established by

him may perform for that command under the general supervision of

the Judge Advocate General, the respective duties which the Judge

Advocate General and a Court of Military Review established by

the Judge Advocate General would otherwise be required to perform

as to all cases involving sentences not requiring approval by the

President.

  869. ART. 69. REVIEW IN THE OFFICE OF THE JUDGE ADVOCATE

GENERAL

  *(a) The record of trial in each general court-martial that is

not otherwise reviewed under section 866 of this title (article

66) shall be examined in the office of the Judge Advocate General

if there is a finding of guilty and the accused does not waive or

withdraw his right to appellate review under section 861 of this

title (article 61).  If any part of the findings or sentence is

found to be unsupported in law or if reassessment of the sentence

is appropriate, the Judge Advocate General may modify or set

aside the findings of sentence or both.

  (b) The findings or sentence, or both, in a court-martial case

not reviewed under subsection (a) or under section 866 of this

title (article 66) may be modified or set aside, in whole or in

part, by the Judge Advocate General on the ground of newly

discovered evidence, fraud on the court, lack of jurisdiction

over the accused or the offense, error prejudicial to the

substantial rights of the accused, or the appropriateness of the

sentence.  If such a case is considered upon application of the

accused, the application must be filed in the office of the Judge

Advocate General by the accused on or before the last day of the

two-year period beginning on the date the sentence is approved

under section 860(c) of this title (article 60(c)), unless the

accused establishes good cause for failure to file within that

time.

  (c) If the Judge Advocate General sets aside the findings or

sentence, he may, except when the setting aside is based on lace

of sufficient evidence in the record to support the findings,

order a rehearing.  If he sets aside the findings and sentence

and does not order a rehearing, he shall order that the charges

be dismissed.  If the Judge Advocate General orders a rehearing

by the convening authority finds a rehearing impractical, the

convening authority shall dismiss the charges.

  *(d) A Court of Military Review may review, under section 866

of this title (article 66)--

     (1) any court-martial case which (A) is subject to action by

the Judge Advocate General under this section, and (b) is sent to

the Court of Military Review by order of the Judge Advocate

General; and,

     (2) any action taken by the Judge Advocate General under

this section in such case.

  *(e) Notwithstanding section 866 of this title (article 66), in

any case reviewed by a Court of Military Review under this

section, the Court may take action only with respect to matters

of law.

   870. ART. 70. APPELLATE COUNSEL

  (a) The Judge Advocate General shall detail in his office one

or more commissioned officers as appellate Government counsel,

and one or more commissioned officers as appellate defense

counsel, who are qualified under section 827(b)(1) of this title

(article 27(b)(1)).

  (b) Appellate Government counsel shall represent the United

States before the Court of Military Review or the Court of

Military Appeals when directed to do so by the judge Advocate

General.  Appellate Government counsel may represent the United

States before the Supreme Court in cases arising under this

chapter when requested to do so by the Attorney General.

  (c) Appellate defense counsel shall represent the accused

before the Court of Military Review, the Court of Military

Appeals, or the Supreme Court--

     (1) when requested by the accused;

     (2) when the United States is represented by counsel; or

     (3) when the Judge Advocate General has sent the case to the

Court of Military Appeals.

  (d) The accused has the right to be represented before the

Court of Military Review, the Court of Military Appeals, or the

Supreme court by civilian counsel if provided by him.

  (e) Military appellate counsel shall also perform such other

functions in connection with the review of court-martial cases as

the Judge Advocate General directs.

   871. ART. 71. EXECUTION OF SENTENCE; SUSPENSION OF SENTENCE

  (a) If the sentence of the court-martial extends to death, that

part of the sentence providing for death may not be executed

until approved by the President. In such a case, the President

may commute, remit, or suspend the sentence, or any part thereof,

as he sees fit.  That part of the sentence providing for the

death may not be suspended.

  (b) If in the case of a commissioned officer, cadet, or

midshipman, the sentence of a court-martial extends to dismissal,

that part of the sentence providing for dismissal may not be

executed until approved by the Secretary concerned or such Under

Secretary of Assistant Secretary as may be designated by the

Secretary concerned.  In such a case, the Secretary, Under

Secretary or Assistant t Secretary, as the case may be, may

commute, remit, or suspend the sentence, or any part of the

sentence, as he sees fit.  In time of war or national emergency

he may commute a sentence of dismissal to reduction to any

enlisted grade.  A person so reduced may be required to serve for

the duration of the war or emergency and six months thereafter.

  (c)     (1) If a sentence extends to death, dismissal, or

dishonorable or bad-conduct discharge and if the right of the

accused to appellate review is not waived, and an appeal is not

withdrawn, under section 861 of this title (article 61), that

part of the sentence extending to death, dismissal, or a

dishonorable or bad-conduct discharge may not be executed until

there is a final judgment as to the legality of the proceedings

(and with respect to death or dismissal, approval under

subsection (a) or (b), as appropriate).  A judgment as to

legality of the proceedings is final in such cases when review is

completed by a Court of Military Review and--

          (A) the time for the accused to file a petition for

          review by the Court of Military Appeals has expired and

          the accused has not filed a timely petition for such

          review and the case is not otherwise under review by

          that Court;

          (B) such a petition is rejected by the Court of

          Military Appeals; or

          (C) review is completed in accordance with the judgment

          of the Court of Military Appeals and--

               (i) a petition for a writ of certiorari is not

               filed within the time limits prescribed by the

               Supreme Court;

               (ii) such a petition is rejected by the Supreme

               Court; or

               (iii) review is otherwise completed in accordance

               with the judgment of the Supreme Court.

     (2) If a sentence extends to dismissal or a dishonorable or

bad-conduct discharge and if the right of the accused to

appellate review is waived, or an appeal is withdrawn, under

section 861 of this title (article 61), that part of the sentence

extending to dismissal or a bad-conduct discharge may not be

executed until review of the case by a judge advocate (and any

action of that review) under section 864 of this title (article

64) is completed.  Any other part of a court-martial sentence may

be ordered executed by the convening authority or other person

acting on the case under section 860 of this title (article 60)

when approved by hum under that section.

  (d) The convening authority or other person acting on the case

under section 860 of this title (article 60) may suspend the

execution of any sentence or part thereof, except a death

sentence.

   872. ART. 72. VACATION OF SUSPENSION

  (a) Before the vacation of the suspension of a special court-

martial sentence which as approved includes a bad-conduct

discharge, or of any general court-martial sentence, the officer

having special court-martial jurisdiction over the probationer

shall hold a hearing on the alleged violation of probation.  The

probationer shall be represented at the hearing by counsel if he

so desires.

  (b) The record of the hearing and the recommendation of the

officer having special court-martial jurisdiction shall be sent

for action to the officer exercising general court-martial

jurisdiction over the probationer.  If he vacates the suspension,

any unexecuted part of the sentence, except a dismissal, shall be

executed, subject to applicable restrictions in section 871(c) of

this title (article 71(c)).  The vacation of the suspension of a

dismissal is not effective until approved by the Secretary

concerned.

  (c) The suspension of nay other sentence may be vacated by any

authority competent to convene, for the command in which the

accused is serving or assigned, a court of the kind that imposed

the sentence.

   873. ART. 73. PETITION FOR A NEW TRIAL

  At any time within two years after approval by the convening

authority of a court-martial sentence, the accused may petition

the Judge Advocate General for a new trial on the grounds of

newly discovered evidence or fraud on the court.  If the

accused's case is pending before a Court of Military Review or

before the Court of Military Appeals, the Judge Advocate General

shall refer the petition to the appropriate court for action.

Otherwise the Judge Advocate General shall act upon the petition.

   874. ART. 74. REMISSION AND SUSPENSION

  (a) The secretary concerned and, when designated by him, any

Under Secretary, Assistant Secretary, Judge Advocate General, or

commanding officer may remit or suspend any part or amount of the

unexecuted part of any sentence, including all uncollected

forfeitures other than a sentence prescribed by the President.

  (b) The Secretary concerned may, for good cause, substitute an

administrative form of discharge for a discharge or dismissal

executed in accordance with the sentence of a court-martial.

   875. ART. 75. RESTORATION

  (a) Under such regulations as the President may prescribe, all

rights, privileges, and property affected by an executed part of

a court-martial sentence which has been set aside or disapproved,

except an executed dismissal or discharge, shall be restored

unless a new trial or rehearing is ordered and such executed part

is included in a sentence imposed upon the new trial or

rehearing.

  (b) If a previously executed sentence of dishonorable or bad-

conduct discharge is not imposed on a new trial, the Secretary

concerned shall substitute therefor a form of discharge

authorized for administrative issuance unless the accused is to

serve out the remainder of this enlistment.

  (c) If a previously executed sentence of dismissal in not

imposed on a new trial, the Secretary concerned shall substitute

therefor a form of discharge authorized for administrative issue,

and the commissioned officer dismissed by the sentence may be re-

appointed by the President alone to such commissioned grade and

with such rank as in the opinion of the President that former

officer would have attained had he not been dismissed.  The

reappointment of such a former officer shall be without regard to

the existence of a vacancy and shall affect the promotion status

of other officers only insofar as the President may direct.  All

time between the dismissal and reappointment shall be considered

as actual service for all purposes, including the right to pay

and allowances.

   876. ART. 76. FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES

  The appellate review of records of trial provided by this

chapter, the proceedings, findings, and sentences of courts-

martial as approved, reviewed, or affirmed as required by this

chapter, and all dismissals and discharges carried into execution

under sentences by courts-martial following approval, review, or

affirmation as required by this chapter, are final and

conclusive.  Orders publishing the proceedings of courts-martials

and all action taken pursuant to those proceedings are binding

upon all departments, courts, agencies, and officers of the

United States, subject only to action upon a petition for a new

trial as provided in section 873 of this title (article 73) and

to action by the Secretary concerned as provided in section 874

of this title (article 74), and the authority of the President.

   876a. ART. 76a. LEAVE REQUIRED TO BE TAKEN PENDING REVIEW OF

CERTAIN COURT-MARTIAL CONVICTIONS

  Under regulations prescribed by the Secretary concerned, an

accused who has been sentenced by a court-martial may be required

to take leave pending completion of action under this subchapter

if the sentence, as approved under section 860 of this title

(article 60), includes an unsuspended dismissal or an unsuspended

dishonorable or bad-conduct discharge.  the accused may be

required to begin such leave on the date on which the sentence is

approved under section 860 of this title (article 60) or at any

time after such date, and such leave may be continued until the

date which action under this subchapter is completed or may be

terminated at any earlier time.

                    SUBCHAPTER X. PUNITIVE ARTICLES

  Sec.    Art.

  877.    77.  Principals

  878.    78.  Accessory after the fact

  879.    79.  Conviction of lesser included offense.

  880.    80.  Attempts

  881.    81.  Conspiracy.

  882.    82.  Solicitation.

  883.    83.  Fraudulent enlistment, appointment, or separation.

  884.    84.  Unlawful enlistment, appointment, or separation.

  885.    85.  Desertion.

  886.    86.  Absence without leave.

  887.    87.  Missing movement.

  888.    88.  Contempt toward officials.

  889.    89.  Disrespect toward superior commissioned officer

  890.    90.  Assaulting or willfully disobeying superior

          commissioned   officer.

  891.    91.  Insubordinate conduct toward warrant officer,

          noncommissioned officer, or petty officer.

  892.    92.  Failure to obey order or regulation.

  893.    93.  Cruelty and maltreatment.

  894.    94.  Mutiny or sedition.

  895.    95.  Resistance, breach of arrest, and escape.

  896.    96.  Releasing prisoner without proper authority.

  897.    97.  Unlawful detention.

  898.    98.  Noncompliance with procedural rules.

  899.    99.  Misbehavior before the enemy.

  900.    100. Subordinate compelling surrender.

  901.    101. Improper use of countersign.

  902.    102. Forcing a safeguard.

  903.    103. Capture or abandoned property.

  904.    104. Aiding the enemy.

  905.    105. Misconduct as prisoner.

  906.    106. Spies.

  907.    107. False official statements.

  908.    108.      Military property of United States--Loss,

          damage,   destruction, or wrongful disposition.

  909.    109. Property other than military property of the

          United States--     Waste, spoilage,    or destruction.

  910.    110. Improper hazarding of vessel.

  911.    111. Drunken or reckless driving.

  912.    112. Drunk on duty.

  912a.   112a.     Wrongful use, possession, etc., of controlled

substances.

  913.    113. Misbehavior of sentinel.

  914.    114. Dueling.

  915.    115. Malingering.

  916.    116. Riot or breach of peace.

  917.    117.      Provoking speeches or gestures.

  918.    118. Murder.

  919.    119. Manslaughter.

  920.    120. Rape and carnal knowledge.

  921.    121. Larceny and wrongful appropriation.

  922.    122. Robbery.

  923.    123. Forgery.

  923a.   123a.     Making, drawing, or uttering check, draft, or

          order without  sufficient funds.

  924.    124. Maiming.

  925.    125. Sodomy.

  926.    126. Arson.

  927.    127. Extortion.

  928.    128. Assault.

  929.    129. Burglary.

  930.    130. Housebreaking.

  931.    131. Perjury.

  932.    132. Frauds against the United States.

  933.    133. Conduct unbecoming an officer and a gentleman.

  934.    134. General Article.

  . 877. ART. 77. PRINCIPALS

  Any person punishable under this chapter who--

     (1) commits an offense punishable by this chapter, or aids,

abets, counsels, commands, or procures its commission or

     (2) causes an act to be done which if directly performed by

him would be punishable by this chapter, is a principal.

   878. ART. 78. ACCESSORY AFTER THE FACT

  Any person subject to this chapter who, knowing that an offense

punishable by this chapter has been committed, receives,

comforts, or assists the offender in order to hinder or prevent

his apprehension, trial, or punishment shall be punished as a

court-martial may direct.

   879. ART. 79. CONVICTION OF LESSER OFFENSE

  An accused may be found guilty of an offense necessarily

included in the offense charged or of an attempt to commit either

the offense charged or an offense necessarily included therein.

   880. ART. 80.    ATTEMPTS

  (a) An act, done with specific intent to commit an offense

under this chapter, amounting to more than mere preparation and

tending, even though failing, to effect its commission, is an

attempt to commit that offense.

  (b) Any person subject to this chapter who attempts to commit

any offense punishable by this chapter shall be punished as a

court-martial may direct, unless otherwise specifically

prescribed.

  (c) Any person subject to this chapter may be convicted of an

attempt to commit an offense although it appears on the trial

that the offense was consummated.

   881. ART. 81. CONSPIRACY

  Any person subject to this chapter who conspires with any other

person to commit an offense under this chapter shall, if one or

more of the conspirators does an act to effect the object of the

conspiracy, be punished as a court-martial may direct.

   882. ART. 82. SOLICITATION

  (a) Any person subject to this chapter who solicits or advises

another or others to desert in violation of section 885 of this

title (article 85) or mutiny in violation of section 894 of this

title (article 94) shall, if the offense solicited or advised is

attempted or committed, be punished with the punishment provided

for the commission of the offense, but, if the offense solicited

or advised is not committed or attempted, he shall be punished as

a court-martial may direct.

  (b) Any person subject to this chapter who solicits or advises

another or others to commit an act or misbehavior before the

enemy in violation of section 899 of this title (article 99) or

sedition in violation of section 894 of this title (article 94)

shall, if the offense solicited or advised is committed, be

punished with the punishment provided for the commission of the

offense, but, if the offense solicited or advised is not

committed, he shall be punished as a court-martial may direct.

   883. ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR

SEPARATION

  Any person who--

     (1) procures his own enlistment or appointment in the armed

forces by knowingly false representation or deliberate

concealment as to his qualifications for the enlistment or

appointment and receives pay or allowances thereunder; or

     (2) procures his own separation from the armed forces by

knowingly false representation or deliberate concealment as to

his eligibility for that separation;

  shall be punished as a court-martial may direct.

   884. ART. 84. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION

  Any person subject to this chapter who effects an enlistment or

appointment in or a separation from the armed forces of any

person who is known to him to be ineligible for that enlistment,

appointment, or separation because it is prohibited by law,

regulation, or order shall be punished as a court-martial may

direct.

   885. ART. 85. DESERTION

  (a) Any member of the armed forces who--

     (1) without authority goes or remains absent from his unit,

organization, or place of duty with intent to remain away

therefrom permanently;

     (2) quits his unit, organization, or place of duty with

intent to avoid hazardous duty or to shirk important service; or

     (3) without being regularly separated from one of the armed

forces enlists or accepts an appointment in the same or another

on of the armed forces without fully disclosing the fact that he

has not been regularly separated, or enters any foreign armed

service except when authorized by the United States; is guilty of

desertion.

  (b) Any commissioned officer of the armed forces who, after

tender of his resignation and before notice of its acceptance,

quits his post or proper duties without leave and with intent to

remain away therefrom permanently is guilty of desertion.

  (c) Any person found guilty of desertion or attempt to desert

shall be punished, if the offense is committed in time of war, by

death or such other punishment as a court-martial may direct, but

if the desertion or attempt to desert occurs at any other time,

by such punishment, other than death, as a court-martial may

direct.

   866. ART. 86. ABSENCE WITHOUT LEAVE

  Any member of the armed forces who, without authority--

  (1) fails to go to his appointed place of duty at the time

prescribed;

  (2) goes from that place; or

  (3) absents himself or remains absent from his unit,

organization, or place of duty at which he is required to be at

the time prescribed; shall be punished as a court-martial may

direct.

  Is

  887. ART. 87. MISSING MOVEMENT

  Any person subject to this chapter who through neglect or

design misses the movement of a ship, aircraft, or unit with

which he is required in the course of duty to move shall be

punished as a court-martial may direct.

   888. ART. 88. CONTEMPT TOWARD OFFICIALS

  Any commissioned officer who uses contemptuous words against

the President, the Vice President, Congress, the Secretary of

Defense, the Secretary of a military department, the Secretary of

Transportation, or the Governor or legislature of any State,

Territory, Commonwealth, or possession in which he is on duty or

present shall be punished as a court-martial may direct.

   889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER

  Any person subject to this chapter who behaves with disrespect

toward his superior commissioned officer shall be punished as a

court-martial may direct.

   809. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR

COMMISSIONED OFFICER.

  Any person subject to this chapter who--

     (1) strikes his superior commissioned officer or draws or

lifts up any weapon or offers any violence against him while he

is in the execution of his officer; or

     (2) willfully disobeys a lawful command of his superior

commissioned officer;

  shall be punished, if the offense is committed in time of war,

by death or such other punishment as a court-martial may direct,

and if the offense is committed at any other time, by such

punishment, other than death, as a court-martial may direct.

   891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER,

NONCOMMISSIONED OFFICER, OR PETTY OFFICER

  Any warrant officer or enlisted member who--

     (1) strikes or assaults a warrant officer, noncommissioned

officer, or petty officer, while that officer is in the execution

of his office;

     (2) willfully disobeys the lawful order of a warrant

officer, noncommissioned officer, or petty officer; or

     (3) treats with contempt or is disrespectful in language or

deportment toward a warrant officer, noncommissioned officer, or

petty officer while that officer is in the execution of his

office;

  shall be punished as a court-martial may direct.

   892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

  Any person subject to this chapter who--

     (1) violates or fails to obey any lawful general order or

regulation;

     (2) having knowledge of any other lawful order issued by any

member of the armed forces, which it is his duty to obey, fails

to obey the order; or

     (3) is derelict in the performance of his duties;

  shall be punished as a court-martial may direct.

   893. ART. 93. CRUELTY AND MALTREATMENT

  Any person subject to this chapter who is guilty of cruelty

toward, or oppression or maltreatment of, any person subject to

his orders shall be punished as a court-martial may direct.

   894. ART. 94. MUTINY OR SEDITION

  (a) Any person subject to this chapter who--

     (1) with intent to usurp or override lawful military

authority, refuses, in concert with any other person, to obey

orders or otherwise do his duty or creates any violence or

disturbance is guilty of mutiny;

     (2) with intent to cause the overthrow or destruction of

lawful civil authority, creates, in concert with any other

person, revolt, violence, or disturbance against that authority

is guilty of sedition;

     (3) fails to do his utmost to prevent and suppress a mutiny

or sedition being committed in his presence, or fails to take all

reasonable means to inform his superior commissioned officer or

commanding officer of a mutiny or sedition which he knows or has

reason to believe is taking place, is guilty of a failure to

suppress or report a mutiny or sedition.

  (b) A person who is found guilty of attempted mutiny, mutiny,

sedition, or failure to suppress or report a mutiny or sedition

shall be punished by death or such other punishment as a court-

martial may direct.

   895. ART. 95. RESISTANCE, BREACH OF ARREST, AND ESCAPE

  Any person subject to this chapter who resists apprehension or

breaks arrest or who escapes from custody shall be punished as a

court-martial may direct.

   896. ART. 96. RELEASING PRISONER WITHOUT PROPER AUTHORITY

  Any person subject to this chapter who, without proper

authority, releases any prisoner committed to his charge, or who

through neglect or design suffers any such prisoner to escape,

shall be punished as a court-martial may direct, whether or not

the prisoner was committed in strict compliance with law.

   897. ART. 97. UNLAWFUL DETENTION

  Any person subject to this chapter who, except as provided by

law, arrests, or confines any person shall be punished as a court-

martial may direct.

   898. ART. 98. NONCOMPLIANCE WITH PROCEDURAL RULES

  Any person subject to this chapter who--

     (1) is responsible for unnecessary delay in the disposition

of any case of a person accused of an offense under this chapter;

or

     (2) knowingly and intentionally fails to enforce or comply

with any provision of this chapter regulating the proceedings

before, during, or after trial of an accused;

  shall be punished as a court-martial may direct.

   899. ART. 99. MISBEHAVIOR BEFORE THE ENEMY

  Any person subject to this chapter who before or in the

presence of the enemy--

     (1) runs away;

     (2) shamefully abandons, surrenders, or delivers up any

command, unit, place, or military property which it is his duty

to defend;

     (3) through disobedience, neglect, or intentional misconduct

endangers the safety of any such command, unit, place, or

military property;

     (4) casts away his arms or ammunition;

     (5) is guilty of cowardly conduct;

     (6) quits his place of duty to plunder or pillage;

     (7) causes false alarms in any command, unit, or place under

control of the armed forces;

     (8) willfully fails to do his utmost to encounter, engage,

capture, or destroy any enemy troops, combatants, vessels,

aircraft, or any other thing, which it is his duty so to

encounter, engage, capture, or destroy; or

     (9) does not afford all practicable relief and assistance to

any troops, combatants, vessels, or aircraft of the armed forces

belonging to the United States or their allies when engaged in

battle;

  shall be punished by death or such punishment as a court-

martial may direct.

   900. ART. 100. SUBORDINATE COMPELLING SURRENDER

  Any person subject to this chapter who compels or attempts to

compel the commander of any place, vessel, aircraft, or military

property, or of any body of members of the armed forces, to give

it up to an enemy or to abandon it, or who strikes the colors or

flag to any enemy without proper authority, shall be punished by

death or such other punishment as a court-martial may direct.

   901. ART. 101. IMPROPER USE OF COUNTERSIGN

  Any person subject to this chapter who in time of war discloses

the parole or countersign to any person not entitled to receive

it or who gives to another who is entitled to receive and use the

parole or countersign a different parole or countersign from that

which, to his knowledge, he was authorized and required to give,

shall be punished by death or such other punishment as a court-

martial may direct.

   902. ART. 102. FORCING A SAFEGUARD

  Any person subject to this chapter forces a safeguard shall

suffer death or such other punishment as a court-martial may

direct.

   903. ART. 103. CAPTURED OR ABANDONED PROPERTY

  (a) All persons subject to this chapter will secure all public

property taken from the enemy for the service of the United

States, and shall give notice and turn over to the proper

authority without delay all captured or abandoned property in

their possession, custody, or control.

  (b) Any person subject to this chapter who--

     (1) fails to carry out the duties prescribed in subsection

(a);

     (a) buys, sells, trades, or in any way deals in or disposes

of captured or abandoned property, whereby he receives or expects

any profit, benefit, or a advantage to himself or another

directly or indirectly connected with himself; or

     (3) engages in looting or pillaging;

  shall be punished as a court-martial may direct.

   904. ART. 104. AIDING THE ENEMY

  Any person who--

     (1) aids, or attempts to aid, the enemy with arms,

ammunition, supplies, money, or other things; or

     (2) without proper authority, knowingly harbors or [protects

or gives intelligence to or communicates or corresponds with or

holds any intercourse with the enemy, either directly or

indirectly;

  shall suffer death or such other punishment as a court-martial

or military commission may direct.

   905. ART 105. MISCONDUCT AS PRISONER

  Any person subject to this chapter who, while in the hands of

the enemy in time of war--

  (1) for the purpose of securing favorable treatment by his

captors acts without proper authority in a manner contrary to

law, custom, or regulation, to the detriment of others of

whatever nationality held by the enemy as civilian or military

prisoners; or

  (2) while in a position of authority over such persons maltreat

them without justifiable cause;

  shall be punished as a court-martial may direct.

  906. ART. 106. SPIES

  Any person who in time of war is found lurking as a spy or

acting as a spy in or about any place, vessel, or aircraft,

within the control or jurisdiction of any of the armed forces, or

in or about any shipyard, any manufacturing or industrial plant,

or any other place or institution engaged in work in aid of the

prosecution of the war by the Unites States, or elsewhere, shall

be tried by a general court-martial or by a military commission

and on conviction shall be punished by death.

   906a. ART. 106a. ESPIONAGE

  (A)     (1) Any person subject to this chapter who, with intent

or reason to believe that it is to be used to the injury of the

United States or to the advantage of a foreign nation,

communicates, delivers, or transmits, or attempts to communicate,

deliver, or transmit, to any entity described in paragraph (2),

either directly or indirectly, any thing described in paragraph

(3) shall be punished as a court-martial may direct, except that

if the accused is found guilty of an offense that directly

concerns (A) nuclear weaponry, military spacecraft or satellites,

early warning systems, or other means of defense or retaliation

against large scale attack, (B) war plans, (C) communications

intelligence or cryptographic information, or (D) any other major

weapons system or major element of defense strategy, the accused

shall be punished by death or such other punishment as a court-

martial may direct.

     (2) An entity referred to in paragraph (1) is--

          (A) a foreign government;

          (B) a faction or party or military force within a

          foreign country, whether recognized or unrecognized by

          the United States

          (C) a representative, officer, agent, employee,

          subject, or citizen of such government, faction, party,

          or force.

     (3) A thing refereed to in paragraph (1) is a document,

writing, code book, signal book, sketch, photograph, photographic

negative, blueprint, plan, map, model, note, instrument,

appliance or information relating to the national defense.

     (b)  (1) No person may be sentenced by court-martial to

suffer death for an offense under this section (article) unless--

               (A) the members of the court-martial unanimously

               find at least one of the aggravating factors set

               out in subsection (c); and

               (B) the members unanimously determine that any

               extenuating or mitigating circumstances are

               substantially outweighed by any aggravating

               circumstances, including the aggravating factors

               set out under subsection (c).

          (2) Findings under this subsection may be based on--

               (A) evidence introduced on the issue of guilt or

          innocence;

               (B) evidence introduced during the sentencing

          proceeding; or

               (C) all such evidence.

          (3) The accused shall be given broad latitude to

          present matters in extenuation and mitigation.

  (c) A sentence of death may be adjudged by a court-martial for

an offense under this section (article) only if the members

unanimously find, beyond a reasonable doubt, one or more of the

following aggravating factors:

     (1)  The accused has been convicted of another offense

involving espionage or treason for which either a sentence of

death or imprisonment for life was authorized by statute.

     (2) In the commission of the offense, the accused knowingly

created a grave risk of substantial damage to the national

security.

     (3) In the commission of the offense, the accused knowingly

created a grave risk of death to another person.

     (4) Any other factor that may be prescribed by the President

by regulations under section 836 of this title (Article 36).

   907. ART. 107. FALSE STATEMENTS

  Any person subject to this chapter who, with intent to deceive,

signs any false record, return, regulation, order, or other

official document, knowing it to be false, or makes any other

false official statement knowing it to be false, shall be

punished as a court-martial may direct.

   908. ART. 108. MILITARY PROPERTY OF UNITED STATES-LOSS,

DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION

  Any person subject to this chapter who, without proper

authority--

     (1) sells or otherwise disposes of;

     (2) willfully ore through neglect damages, destroys, or

loses; or

     (3) willfully or through neglect suffers to be lost,

damaged, sold, or wrongfully disposed of;

  any military property of the United States, shall be punished

as a court-martial may direct.

  909. ART. 109. PROPERTY OTHER THAN MILITARY PROPERTY OF UNITED

STATES - WASTE, SPOILAGE, OR DESTRUCTION

  Any person subject to this chapter who willfully or recklessly

wastes, spoils, or otherwise willfully and wrongfully destroys or

damages any property other than military property of the United

States shall be punished as a court-martial may direct.

   910. ART 110. IMPROPER HAZARDING OF VESSEL

  (a) Any person subject to this chapter who willfully and

wrongfully hazards or suffers to be hazarded any vessel of the

armed forces shall suffer death or such punishment as a court-

martial may direct.

  (b) Any person subject to this chapter who negligently hazards

or suffers to be hazarded any vessel of the armed forces shall be

punished as a court-martial may direct.

  * 911. ART. 111. DRUNKEN OR RECKLESS DRIVING

  Any person subject to this chapter who operates any vehicle

while drunk, or in a reckless or wanton manner, or while impaired

by a substance described in section 912a(b) of this title

(article 112a(b)), shall be punished as a court-martial may

direct.

   912. ART. 112. DRUNK ON DUTY

  Any person subject to this chapter other than a sentinel or

look-out, who is found drunk on duty, shall be punished as a

court-martial may direct.

   912a. ART. 112a. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED

SUBSTANCES

  (a) Any person subject to this chapter who wrongfully uses,

possesses, manufactures, distributes, imports into the customs

territory of the United States, exports form the United States,

or introduces into an installation, vessel, vehicle, or aircraft

used by or under the control of the armed forces a substance

described in subsection (b) shall be punished as a court-martial

may direct.

  (b) The substances refereed to in subsection (a) are the

following:

     (1) opium, heroin, cocaine, amphetamine, lysergic acid

diethylamide, methamephetamine, penecyclidine, barbituric acid,

and marijuana, and any compound or derivative of any such

substance.

     (2) Any substance not specified in clause (1) that is listed

on a scheduile of controlled substances prescribed by the

President for the purposes of this article.

     (3) Any other substance not specified in clause (1) or

contained on a list prescribed by the President under clause (2)

that is listed in Schedules I through V of section 202 of the

Controlled Substances Act (21 U.S.C. 812).

   913. ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT

  Any sentinel or look-out who is found drunk or sleeping upon

his post, or leaves it before he is regularly relieved, shall be

punished, if the offense is committed in time of war, by death or

such other punishment as a court-martial may direct, by if the

offense is committed at any other time, by such punishment other

than death as court-martial may direct.

   914. ART. 114. DUELING

  Any person subject to this chapter who fights or promotes, or

is concerned in or connives at fighting a duel, or who, having

knowledge of a challenge sent or about to be sent, fails to

report the fact promptly to the proper authority, shall be

punished as a  court-martial may direct.

   915. ART 115. MALINGERING

  Any person subject to this chapter who for the purpose of

avoiding work, duty, or service--

     (1) feigns illness, physical disablement, mental lapse or

derangement; or

     (2) intentionally inflects self-injury;

  shall be punished as a court-martial may direct.

   916. ART. 116. RIOT OR BREACH OF PEACE

  Any person subject to this chapter who causes or participates

in any riot or breach of the peace shall be punished as a court-

martial may direct.

   917.  ART. 117. PROVOKING SPEECHES OR GESTURES

  Any person subject to this chapter who uses provoking or

reproachful words or gestures towards any other person subject to

this chapter shall be punished as a court-martial may direct.

   918. ART. 118. MURDER

     Any person subject to this chapter whom without

justification or excuse, unlawfully kills a human being, when he-

-

     (1) has a premeditated design to kill;

     (2) intends to kill or inflict great bodily harm;

     (3) is engaged in an act which is inherently dangerous to

others and evinces a wanton disregard of human life; or

     (4) is engaged in the perpetration or attempted perpetration

of burglary, sodomy, rape, robbery, or aggravated arson;

  is guilty of murder, and shall suffer such punishment as a

court-martial may direct, except that if found guilty under

clause (1) or (4), he shall suffer death or imprisonment for life

as a court-martial may direct.

   919. ART. 191. MANSLAUGHTER

  (a) Any person subject to this chapter who, with an intent to

kill or inflict great bodily harm, unlawfully kills a human being

in the heat of sudden passion caused by adequate provocation is

guilty of voluntary manslaughter and shall be punished as a court-

martial may direct.

  (b) Any person subject to this chapter who, without an intent

to kill or inflict great bodily harm, unlawfully kills a human

being--

     (1) by culpable negligence; or

     (2) while perpetrating or attempting to perpetrate an

offense, other than those named in clause (4) of section 918 of

this title (article 118), directly affecting the person;

  is guilty of involuntary manslaughter and shall be punished as

a court-martial may direct.

   920. ART. 120. RAPE AND CARNAL KNOWLEDGE

  (a) Any person subject to this chapter who commits an act of

sexual intercourse with a female not his wife, by force and

without consent, is guilty of rape and shall be punished by death

or such other punishment as a court-martial may direct.

  (b) Any person subject to this chapter who, under circumstances

not amounting to rape, commits an act of sexual intercourse with

a female not his wife who has not attained the age of sixteen

years, is guilty of carnal knowledge and shall be punished as a

court-martial may direct.

  (c) Penetration, however slight, is sufficient to complete

either of these offenses.

   921. ART. 121. LARCENY AND WRONGFUL APPROPRIATION

  (a) Any person subject to this chapter who wrongfully takes,

obtains, or withholds, by any means, from the possession of the

owner or of any other person any money, personal property, or

article of value of any kind--

     (1) with intent permanently to deprive or defraud another

person of the use and benefit of property or to appropriate it to

his won use or the use of any person other than the owner, steals

that property and is guilty of larceny; or

     (2) with intent to temporarily to deprive or defraud another

person of the use and benefit of property or to appropriate to

his own use the use of any person other than the owner, is guilty

of wrongful appropriation.

  (b) Any person found guilty of larceny or wrongful

appropriation shall be punished as a court-martial may direct.

   922. ART. 122. ROBBERY

  Any person subject to this chapter who with intent to steal

takes anything of value from the person or in the presence of

another, against his will, by means of force or violence or fear

of immediate or future injury to his person or property or to the

person or property of a relative or member of his family or of

anyone in his company at the time of the robbery, is guilty of

robbery and shall be punished as a court-martial may direct.

   923. ART. 123. FORGERY

  Any person subject to this chapter who, with intent to defraud-

-

     (1) falsely makes or alters any signature, to, or any part

of, any writing which would, if genuine, apparently impose a

legal liability on another or change his legal right or liability

to his prejudice; or

     (2) utters, offers, issues, or transfers such a writing,

known by him to be so made or altered;

  is guilty of forgery and shall be punished as a court-martial

may direct.

   923a. ART. 123a. MAKING, DRAWING, OR UTTERING CHECK, DRAFT, OR

ORDER WITHOUT SUFFICIENT FUNDS

  Any person subject to this chapter who--

     (1) for the procurement of any article or thing of value,

with intent to defraud; or

     (2) for the payment of any past due obligation, or for any

other purpose, with intent to deceive;

  makes, draws, utters, or delivers any check, draft, or order

for the payment of money upon any bank or other depository,

knowing at the time that the maker or drawer has not or will not

have sufficient funds in, or credit with, the bank or other

depository for the payment of that check, draft, or order in full

presentment, shall be punished as a court-martial may direct.

The making, drawing, uttering, or delivering by a maker or drawer

of a check, draft, or order, payment of which is refused by the

drawee because of insufficient funds of the maker or drawer in

the drawee's possession or control, is prima facie evidence of

his intent to defraud or deceive and of his knowledge of

insufficient funds in, or credit with, that bank or other

depository, unless the maker or drawer pays the holder the amount

due within five days after receiving notice , orally or in

writing, that the check, draft, or order was not paid on

presentment.  in this section the word "credit" means an

arrangement or understanding , express or implied, with the bank

or other depository for the payment of that check, draft, or

order.

   924. ART. 124. MAIMING

  Any person subject to this chapter who,  with intent to injure,

disfigure, or disable, inflicts upon the person of another an

injury which--

     (1) seriously disfigures his person by a mutilation thereof;

     (2) destroys or disables any member or organ of his body; or

     (3) seriously diminishes his physical vigor by the injury of

any member or organ;

  is guilty of maiming and shall be punished as a court-martial

may direct.

   925. ART. 125. SODOMY

  (a) Any person subject to this chapter who engages in unnatural

carnal copulation with another person of the same or opposite sex

or with an animal is guilty of sodomy.  Penetration , however

slight, is sufficient to complete the offense.

  (b) Any person found guilty of sodomy shall be punished as a

court-martial may direct.

   926. ART. 126. ARSON

  (a) Any person subject to this chapter who willfully and

maliciously burns or sets on fire an inhabited dwelling, or any

other structure, movable or immovable, wherein to the knowledge

of the offender there is at the time a human being, is guilty of

aggravated arson and shall be punished as a court-martial may

direct.

  (b) Any person subject to this chapter who willfully and

maliciously burns or sets fire to the property of another, except

as provided in subsection (a), is guilty of simple arson and

shall be punished as a court-martial may direct.

   927. ART. 127. EXTORTION

  Any person subject to this chapter who communicates threats to

another person with the intention thereby to obtain anything of

value or any acquittance, advantage, or immunity is guilty of

extortion and shall be punished as a court-martial may direct.

   928. ART. 128. ASSAULT

  (a) Any person subject to this chapter who attempts or offers

with unlawful force or violence to do bodily harm to another

person, whether or not the attempt or offer is consummated, is

guilty of assault and shall be punished as a court-martial may

direct.

  (b) Any person subject to this chapter who--

     (1) commits an assault with a dangerous weapon or other

means or force likely to produce death or grievous bodily harm;

or

     (2) commits an assault and intentionally inflicts grievous

bodily harm with or without a weapon;

  is guilty of aggravated assault and shall be punished as a

court-martial may direct.

   929. ART. 129. BURGLARY

  Any person subject to this chapter who, with intent to commit

an offense punishable under section 918-929 of this title

(article 118-128), breaks and enters, in the nighttime, the

dwelling house of another, is guilty of burglary and shall be

punished as a court-martial may direct.

   930. ART. 130. HOUSEBREAKING

  Any person subject to this chapter who unlawfully enters the

building or structure of another with intent to commit a criminal

offense therein is guilty of housebreaking and shall be punished

as a court-martial may direct.

   931. ART. 131. PERJURY

  Any person subject to this chapter who in a judicial proceeding

or in a course of justice willfully and corruptly--

     (1) upon a lawful oath or in a form allowed by law to be

substituted for an oath, gives any false testimony material  to

the issue or matter of inquiry; or

     (2) in any declaration, certificate, verification, or

statement under penalty or perjury as permitted under section

1746 of title 28, United States Code, subscribes any false

statement material to the issue or matter of inquiry;

  is guilty of perjury and shall be punished as a court-martial

may direct.

   932. ART. 132. FRAUDS AGAINST THE UNITED STATES

  Any person subject to this chapter--

     (1) who, knowing it to be false or fraudulent--

          (A) makes any claim against the United States or any

officer thereof; or

          (B) presents to any person in the civil or military

          service thereof, for approval or payment, any claim

          against the United States or any officer thereof;

     (2) who, for the purpose of obtaining the approval,

allowance, or payment of any claim against the United States or

any officer thereof

          (A) makes or uses any writing or other paper knowing it

          to contain false or fraudulent statements;

          (B) makes any oath to any fact or to any writing or

          other paper knowing the oath to be false; or

          (C) forges or counterfeits any signature upon any

          writing or other paper, or uses any such signature

          knowing it to be forged or counterfeited;

     (3) who, having charge, possession, custody, or control of

any money, or other property or the United States, furnished or

intended for the armed forces thereof, knowingly delivers to any

person having authority to receive it, any amount thereof less

than that for which he receives a certificate or receipt; or

     (4) who, being authorized to make or deliver any paper

certifying the receipt of any property of the United States

furnished or intended for the armed forces thereof, makes or

delivers to any person such writing without having full knowledge

of the truth of the statements therein contained and with intent

to defraud the United States;

  shall, upon conviction, be punished as a court-martial may

direct.

  1 933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN

  Any commissioned officer, cadet, or midshipman who is convicted

of conduct unbecoming an officer and a gentleman shall be

punished as a court-martial may direct.

   934. ART. 134. GENERAL ARTICLE

  Though not specifically mentioned in this chapter, all

disorders and neglects to the prejudice of good order and

discipline in the armed forces, all conduct of a nature to bring

discredit upon the armed forces, and crimes and offenses not

capital, of which persons subject to this chapter may be guilty,

shall be taken cognizance of by a general, special or summary

court-martial, according to the nature and degree of the offense,

and shall be punished at the discretion of that court.

                    SUBCHAPTER X. PUNITIVE ARTICLES

  Sec.    Art.

  877.    77.  Principals

  878.    78.  Accessory after the fact

  879.    79.  Conviction of lesser included offense.

  880.    80.  Attempts

  881.    81.  Conspiracy.

  882.    82.  Solicitation.

  883.    83.  Fraudulent enlistment, appointment, or separation.

  884.    84.  Unlawful enlistment, appointment, or separation.

  885.    85.  Desertion.

  886.    86.  Absence without leave.

  887.    87.  Missing movement.

  888.    88.  Contempt toward officials.

  889.    89.  Disrespect toward superior commissioned officer

  890.    90.  Assaulting or willfully disobeying superior

          commissioned   officer.

  891.    91.  Insubordinate conduct toward warrant officer,

          noncommissioned officer, or petty officer.

  892.    92.  Failure to obey order or regulation.

  893.    93.  Cruelty and maltreatment.

  894.    94.  Mutiny or sedition.

  895.    95.  Resistance, breach of arrest, and escape.

  896.    96.  Releasing prisoner without proper authority.

  897.    97.  Unlawful detention.

  898.    98.  Noncompliance with procedural rules.

  899.    99.  Misbehavior before the enemy.

  900.    100. Subordinate compelling surrender.

  901.    101. Improper use of countersign.

  902.    102. Forcing a safeguard.

  903.    103. Capture or abandoned property.

  904.    104. Aiding the enemy.

  905.    105. Misconduct as prisoner.

  906.    106. Spies.

  907.    107. False official statements.

  908.    108.      Military property of United States--Loss,

          damage,   destruction, or wrongful disposition.

  909.    109. Property other than military property of the

          United States--     Waste, spoilage,    or destruction.

  910.    110. Improper hazarding of vessel.

  911.    111. Drunken or reckless driving.

  912.    112. Drunk on duty.

  912a.   112a.     Wrongful use, possession, etc., of controlled

substances.

  913.    113. Misbehavior of sentinel.

  914.    114. Dueling.

  915.    115. Malingering.

  916.    116. Riot or breach of peace.

  917.    117.      Provoking speeches or gestures.

  918.    118. Murder.

  919.    119. Manslaughter.

  920.    120. Rape and carnal knowledge.

  921.    121. Larceny and wrongful appropriation.

  922.    122. Robbery.

  923.    123. Forgery.

  923a.   123a.     Making, drawing, or uttering check, draft, or

          order without  sufficient funds.

  924.    124. Maiming.

  925.    125. Sodomy.

  926.    126. Arson.

  927.    127. Extortion.

  928.    128. Assault.

  929.    129. Burglary.

  930.    130. Housebreaking.

  931.    131. Perjury.

  932.    132. Frauds against the United States.

  933.    133. Conduct unbecoming an officer and a gentleman.

  934.    134. General Article.

  . 877. ART. 77. PRINCIPALS

  Any person punishable under this chapter who--

     (1) commits an offense punishable by this chapter, or aids,

abets, counsels, commands, or procures its commission or

     (2) causes an act to be done which if directly performed by

him would be punishable by this chapter, is a principal.

   878. ART. 78. ACCESSORY AFTER THE FACT

  Any person subject to this chapter who, knowing that an offense

punishable by this chapter has been committed, receives,

comforts, or assists the offender in order to hinder or prevent

his apprehension, trial, or punishment shall be punished as a

court-martial may direct.

   879. ART. 79. CONVICTION OF LESSER OFFENSE

  An accused may be found guilty of an offense necessarily

included in the offense charged or of an attempt to commit either

the offense charged or an offense necessarily included therein.

   880. ART. 80.    ATTEMPTS

  (a) An act, done with specific intent to commit an offense

under this chapter, amounting to more than mere preparation and

tending, even though failing, to effect its commission, is an

attempt to commit that offense.

  (b) Any person subject to this chapter who attempts to commit

any offense punishable by this chapter shall be punished as a

court-martial may direct, unless otherwise specifically

prescribed.

  (c) Any person subject to this chapter may be convicted of an

attempt to commit an offense although it appears on the trial

that the offense was consummated.

   881. ART. 81. CONSPIRACY

  Any person subject to this chapter who conspires with any other

person to commit an offense under this chapter shall, if one or

more of the conspirators does an act to effect the object of the

conspiracy, be punished as a court-martial may direct.

   882. ART. 82. SOLICITATION

  (a) Any person subject to this chapter who solicits or advises

another or others to desert in violation of section 885 of this

title (article 85) or mutiny in violation of section 894 of this

title (article 94) shall, if the offense solicited or advised is

attempted or committed, be punished with the punishment provided

for the commission of the offense, but, if the offense solicited

or advised is not committed or attempted, he shall be punished as

a court-martial may direct.

  (b) Any person subject to this chapter who solicits or advises

another or others to commit an act or misbehavior before the

enemy in violation of section 899 of this title (article 99) or

sedition in violation of section 894 of this title (article 94)

shall, if the offense solicited or advised is committed, be

punished with the punishment provided for the commission of the

offense, but, if the offense solicited or advised is not

committed, he shall be punished as a court-martial may direct.

   883. ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR

SEPARATION

  Any person who--

     (1) procures his own enlistment or appointment in the armed

forces by knowingly false representation or deliberate

concealment as to his qualifications for the enlistment or

appointment and receives pay or allowances thereunder; or

     (2) procures his own separation from the armed forces by

knowingly false representation or deliberate concealment as to

his eligibility for that separation;

  shall be punished as a court-martial may direct.

   884. ART. 84. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION

  Any person subject to this chapter who effects an enlistment or

appointment in or a separation from the armed forces of any

person who is known to him to be ineligible for that enlistment,

appointment, or separation because it is prohibited by law,

regulation, or order shall be punished as a court-martial may

direct.

   885. ART. 85. DESERTION

  (a) Any member of the armed forces who--

     (1) without authority goes or remains absent from his unit,

organization, or place of duty with intent to remain away

therefrom permanently;

     (2) quits his unit, organization, or place of duty with

intent to avoid hazardous duty or to shirk important service; or

     (3) without being regularly separated from one of the armed

forces enlists or accepts an appointment in the same or another

on of the armed forces without fully disclosing the fact that he

has not been regularly separated, or enters any foreign armed

service except when authorized by the United States; is guilty of

desertion.

  (b) Any commissioned officer of the armed forces who, after

tender of his resignation and before notice of its acceptance,

quits his post or proper duties without leave and with intent to

remain away therefrom permanently is guilty of desertion.

  (c) Any person found guilty of desertion or attempt to desert

shall be punished, if the offense is committed in time of war, by

death or such other punishment as a court-martial may direct, but

if the desertion or attempt to desert occurs at any other time,

by such punishment, other than death, as a court-martial may

direct.

   866. ART. 86. ABSENCE WITHOUT LEAVE

  Any member of the armed forces who, without authority--

  (1) fails to go to his appointed place of duty at the time

prescribed;

  (2) goes from that place; or

  (3) absents himself or remains absent from his unit,

organization, or place of duty at which he is required to be at

the time prescribed; shall be punished as a court-martial may

direct.

  Is

  887. ART. 87. MISSING MOVEMENT

  Any person subject to this chapter who through neglect or

design misses the movement of a ship, aircraft, or unit with

which he is required in the course of duty to move shall be

punished as a court-martial may direct.

   888. ART. 88. CONTEMPT TOWARD OFFICIALS

  Any commissioned officer who uses contemptuous words against

the President, the Vice President, Congress, the Secretary of

Defense, the Secretary of a military department, the Secretary of

Transportation, or the Governor or legislature of any State,

Territory, Commonwealth, or possession in which he is on duty or

present shall be punished as a court-martial may direct.

   889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER

  Any person subject to this chapter who behaves with disrespect

toward his superior commissioned officer shall be punished as a

court-martial may direct.

   809. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR

COMMISSIONED OFFICER.

  Any person subject to this chapter who--

     (1) strikes his superior commissioned officer or draws or

lifts up any weapon or offers any violence against him while he

is in the execution of his officer; or

     (2) willfully disobeys a lawful command of his superior

commissioned officer;

  shall be punished, if the offense is committed in time of war,

by death or such other punishment as a court-martial may direct,

and if the offense is committed at any other time, by such

punishment, other than death, as a court-martial may direct.

   891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER,

NONCOMMISSIONED OFFICER, OR PETTY OFFICER

  Any warrant officer or enlisted member who--

     (1) strikes or assaults a warrant officer, noncommissioned

officer, or petty officer, while that officer is in the execution

of his office;

     (2) willfully disobeys the lawful order of a warrant

officer, noncommissioned officer, or petty officer; or

     (3) treats with contempt or is disrespectful in language or

deportment toward a warrant officer, noncommissioned officer, or

petty officer while that officer is in the execution of his

office;

  shall be punished as a court-martial may direct.

   892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

  Any person subject to this chapter who--

     (1) violates or fails to obey any lawful general order or

regulation;

     (2) having knowledge of any other lawful order issued by any

member of the armed forces, which it is his duty to obey, fails

to obey the order; or

     (3) is derelict in the performance of his duties;

  shall be punished as a court-martial may direct.

   893. ART. 93. CRUELTY AND MALTREATMENT

  Any person subject to this chapter who is guilty of cruelty

toward, or oppression or maltreatment of, any person subject to

his orders shall be punished as a court-martial may direct.

   894. ART. 94. MUTINY OR SEDITION

  (a) Any person subject to this chapter who--

     (1) with intent to usurp or override lawful military

authority, refuses, in concert with any other person, to obey

orders or otherwise do his duty or creates any violence or

disturbance is guilty of mutiny;

     (2) with intent to cause the overthrow or destruction of

lawful civil authority, creates, in concert with any other

person, revolt, violence, or disturbance against that authority

is guilty of sedition;

     (3) fails to do his utmost to prevent and suppress a mutiny

or sedition being committed in his presence, or fails to take all

reasonable means to inform his superior commissioned officer or

commanding officer of a mutiny or sedition which he knows or has

reason to believe is taking place, is guilty of a failure to

suppress or report a mutiny or sedition.

  (b) A person who is found guilty of attempted mutiny, mutiny,

sedition, or failure to suppress or report a mutiny or sedition

shall be punished by death or such other punishment as a court-

martial may direct.

   895. ART. 95. RESISTANCE, BREACH OF ARREST, AND ESCAPE

  Any person subject to this chapter who resists apprehension or

breaks arrest or who escapes from custody shall be punished as a

court-martial may direct.

   896. ART. 96. RELEASING PRISONER WITHOUT PROPER AUTHORITY

  Any person subject to this chapter who, without proper

authority, releases any prisoner committed to his charge, or who

through neglect or design suffers any such prisoner to escape,

shall be punished as a court-martial may direct, whether or not

the prisoner was committed in strict compliance with law.

   897. ART. 97. UNLAWFUL DETENTION

  Any person subject to this chapter who, except as provided by

law, arrests, or confines any person shall be punished as a court-

martial may direct.

   898. ART. 98. NONCOMPLIANCE WITH PROCEDURAL RULES

  Any person subject to this chapter who--

     (1) is responsible for unnecessary delay in the disposition

of any case of a person accused of an offense under this chapter;

or

     (2) knowingly and intentionally fails to enforce or comply

with any provision of this chapter regulating the proceedings

before, during, or after trial of an accused;

  shall be punished as a court-martial may direct.

   899. ART. 99. MISBEHAVIOR BEFORE THE ENEMY

  Any person subject to this chapter who before or in the

presence of the enemy--

     (1) runs away;

     (2) shamefully abandons, surrenders, or delivers up any

command, unit, place, or military property which it is his duty

to defend;

     (3) through disobedience, neglect, or intentional misconduct

endangers the safety of any such command, unit, place, or

military property;

     (4) casts away his arms or ammunition;

     (5) is guilty of cowardly conduct;

     (6) quits his place of duty to plunder or pillage;

     (7) causes false alarms in any command, unit, or place under

control of the armed forces;

     (8) willfully fails to do his utmost to encounter, engage,

capture, or destroy any enemy troops, combatants, vessels,

aircraft, or any other thing, which it is his duty so to

encounter, engage, capture, or destroy; or

     (9) does not afford all practicable relief and assistance to

any troops, combatants, vessels, or aircraft of the armed forces

belonging to the United States or their allies when engaged in

battle;

  shall be punished by death or such punishment as a court-

martial may direct.

   900. ART. 100. SUBORDINATE COMPELLING SURRENDER

  Any person subject to this chapter who compels or attempts to

compel the commander of any place, vessel, aircraft, or military

property, or of any body of members of the armed forces, to give

it up to an enemy or to abandon it, or who strikes the colors or

flag to any enemy without proper authority, shall be punished by

death or such other punishment as a court-martial may direct.

   901. ART. 101. IMPROPER USE OF COUNTERSIGN

  Any person subject to this chapter who in time of war discloses

the parole or countersign to any person not entitled to receive

it or who gives to another who is entitled to receive and use the

parole or countersign a different parole or countersign from that

which, to his knowledge, he was authorized and required to give,

shall be punished by death or such other punishment as a court-

martial may direct.

   902. ART. 102. FORCING A SAFEGUARD

  Any person subject to this chapter forces a safeguard shall

suffer death or such other punishment as a court-martial may

direct.

   903. ART. 103. CAPTURED OR ABANDONED PROPERTY

  (a) All persons subject to this chapter will secure all public

property taken from the enemy for the service of the United

States, and shall give notice and turn over to the proper

authority without delay all captured or abandoned property in

their possession, custody, or control.

  (b) Any person subject to this chapter who--

     (1) fails to carry out the duties prescribed in subsection

(a);

     (a) buys, sells, trades, or in any way deals in or disposes

of captured or abandoned property, whereby he receives or expects

any profit, benefit, or a advantage to himself or another

directly or indirectly connected with himself; or

     (3) engages in looting or pillaging;

  shall be punished as a court-martial may direct.

   904. ART. 104. AIDING THE ENEMY

  Any person who--

     (1) aids, or attempts to aid, the enemy with arms,

ammunition, supplies, money, or other things; or

     (2) without proper authority, knowingly harbors or [protects

or gives intelligence to or communicates or corresponds with or

holds any intercourse with the enemy, either directly or

indirectly;

  shall suffer death or such other punishment as a court-martial

or military commission may direct.

   905. ART 105. MISCONDUCT AS PRISONER

  Any person subject to this chapter who, while in the hands of

the enemy in time of war--

  (1) for the purpose of securing favorable treatment by his

captors acts without proper authority in a manner contrary to

law, custom, or regulation, to the detriment of others of

whatever nationality held by the enemy as civilian or military

prisoners; or

  (2) while in a position of authority over such persons maltreat

them without justifiable cause;

  shall be punished as a court-martial may direct.

  906. ART. 106. SPIES

  Any person who in time of war is found lurking as a spy or

acting as a spy in or about any place, vessel, or aircraft,

within the control or jurisdiction of any of the armed forces, or

in or about any shipyard, any manufacturing or industrial plant,

or any other place or institution engaged in work in aid of the

prosecution of the war by the Unites States, or elsewhere, shall

be tried by a general court-martial or by a military commission

and on conviction shall be punished by death.

   906a. ART. 106a. ESPIONAGE

  (A)     (1) Any person subject to this chapter who, with intent

or reason to believe that it is to be used to the injury of the

United States or to the advantage of a foreign nation,

communicates, delivers, or transmits, or attempts to communicate,

deliver, or transmit, to any entity described in paragraph (2),

either directly or indirectly, any thing described in paragraph

(3) shall be punished as a court-martial may direct, except that

if the accused is found guilty of an offense that directly

concerns (A) nuclear weaponry, military spacecraft or satellites,

early warning systems, or other means of defense or retaliation

against large scale attack, (B) war plans, (C) communications

intelligence or cryptographic information, or (D) any other major

weapons system or major element of defense strategy, the accused

shall be punished by death or such other punishment as a court-

martial may direct.

     (2) An entity referred to in paragraph (1) is--

          (A) a foreign government;

          (B) a faction or party or military force within a

          foreign country, whether recognized or unrecognized by

          the United States

          (C) a representative, officer, agent, employee,

          subject, or citizen of such government, faction, party,

          or force.

     (3) A thing refereed to in paragraph (1) is a document,

writing, code book, signal book, sketch, photograph, photographic

negative, blueprint, plan, map, model, note, instrument,

appliance or information relating to the national defense.

     (b)  (1) No person may be sentenced by court-martial to

suffer death for an offense under this section (article) unless--

               (A) the members of the court-martial unanimously

               find at least one of the aggravating factors set

               out in subsection (c); and

               (B) the members unanimously determine that any

               extenuating or mitigating circumstances are

               substantially outweighed by any aggravating

               circumstances, including the aggravating factors

               set out under subsection (c).

          (2) Findings under this subsection may be based on--

               (A) evidence introduced on the issue of guilt or

          innocence;

               (B) evidence introduced during the sentencing

          proceeding; or

               (C) all such evidence.

          (3) The accused shall be given broad latitude to

          present matters in extenuation and mitigation.

  (c) A sentence of death may be adjudged by a court-martial for

an offense under this section (article) only if the members

unanimously find, beyond a reasonable doubt, one or more of the

following aggravating factors:

     (1)  The accused has been convicted of another offense

involving espionage or treason for which either a sentence of

death or imprisonment for life was authorized by statute.

     (2) In the commission of the offense, the accused knowingly

created a grave risk of substantial damage to the national

security.

     (3) In the commission of the offense, the accused knowingly

created a grave risk of death to another person.

     (4) Any other factor that may be prescribed by the President

by regulations under section 836 of this title (Article 36).

   907. ART. 107. FALSE STATEMENTS

  Any person subject to this chapter who, with intent to deceive,

signs any false record, return, regulation, order, or other

official document, knowing it to be false, or makes any other

false official statement knowing it to be false, shall be

punished as a court-martial may direct.

   908. ART. 108. MILITARY PROPERTY OF UNITED STATES-LOSS,

DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION

  Any person subject to this chapter who, without proper

authority--

     (1) sells or otherwise disposes of;

     (2) willfully ore through neglect damages, destroys, or

loses; or

     (3) willfully or through neglect suffers to be lost,

damaged, sold, or wrongfully disposed of;

  any military property of the United States, shall be punished

as a court-martial may direct.

  909. ART. 109. PROPERTY OTHER THAN MILITARY PROPERTY OF UNITED

STATES - WASTE, SPOILAGE, OR DESTRUCTION

  Any person subject to this chapter who willfully or recklessly

wastes, spoils, or otherwise willfully and wrongfully destroys or

damages any property other than military property of the United

States shall be punished as a court-martial may direct.

   910. ART 110. IMPROPER HAZARDING OF VESSEL

  (a) Any person subject to this chapter who willfully and

wrongfully hazards or suffers to be hazarded any vessel of the

armed forces shall suffer death or such punishment as a court-

martial may direct.

  (b) Any person subject to this chapter who negligently hazards

or suffers to be hazarded any vessel of the armed forces shall be

punished as a court-martial may direct.

  * 911. ART. 111. DRUNKEN OR RECKLESS DRIVING

  Any person subject to this chapter who operates any vehicle

while drunk, or in a reckless or wanton manner, or while impaired

by a substance described in section 912a(b) of this title

(article 112a(b)), shall be punished as a court-martial may

direct.

   912. ART. 112. DRUNK ON DUTY

  Any person subject to this chapter other than a sentinel or

look-out, who is found drunk on duty, shall be punished as a

court-martial may direct.

   912a. ART. 112a. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED

SUBSTANCES

  (a) Any person subject to this chapter who wrongfully uses,

possesses, manufactures, distributes, imports into the customs

territory of the United States, exports form the United States,

or introduces into an installation, vessel, vehicle, or aircraft

used by or under the control of the armed forces a substance

described in subsection (b) shall be punished as a court-martial

may direct.

  (b) The substances refereed to in subsection (a) are the

following:

     (1) opium, heroin, cocaine, amphetamine, lysergic acid

diethylamide, methamephetamine, penecyclidine, barbituric acid,

and marijuana, and any compound or derivative of any such

substance.

     (2) Any substance not specified in clause (1) that is listed

on a scheduile of controlled substances prescribed by the

President for the purposes of this article.

     (3) Any other substance not specified in clause (1) or

contained on a list prescribed by the President under clause (2)

that is listed in Schedules I through V of section 202 of the

Controlled Substances Act (21 U.S.C. 812).

   913. ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT

  Any sentinel or look-out who is found drunk or sleeping upon

his post, or leaves it before he is regularly relieved, shall be

punished, if the offense is committed in time of war, by death or

such other punishment as a court-martial may direct, by if the

offense is committed at any other time, by such punishment other

than death as court-martial may direct.

   914. ART. 114. DUELING

  Any person subject to this chapter who fights or promotes, or

is concerned in or connives at fighting a duel, or who, having

knowledge of a challenge sent or about to be sent, fails to

report the fact promptly to the proper authority, shall be

punished as a  court-martial may direct.

   915. ART 115. MALINGERING

  Any person subject to this chapter who for the purpose of

avoiding work, duty, or service--

     (1) feigns illness, physical disablement, mental lapse or

derangement; or

     (2) intentionally inflects self-injury;

  shall be punished as a court-martial may direct.

   916. ART. 116. RIOT OR BREACH OF PEACE

  Any person subject to this chapter who causes or participates

in any riot or breach of the peace shall be punished as a court-

martial may direct.

   917.  ART. 117. PROVOKING SPEECHES OR GESTURES

  Any person subject to this chapter who uses provoking or

reproachful words or gestures towards any other person subject to

this chapter shall be punished as a court-martial may direct.

   918. ART. 118. MURDER

     Any person subject to this chapter whom without

justification or excuse, unlawfully kills a human being, when he-

-

     (1) has a premeditated design to kill;

     (2) intends to kill or inflict great bodily harm;

     (3) is engaged in an act which is inherently dangerous to

others and evinces a wanton disregard of human life; or

     (4) is engaged in the perpetration or attempted perpetration

of burglary, sodomy, rape, robbery, or aggravated arson;

  is guilty of murder, and shall suffer such punishment as a

court-martial may direct, except that if found guilty under

clause (1) or (4), he shall suffer death or imprisonment for life

as a court-martial may direct.

   919. ART. 191. MANSLAUGHTER

  (a) Any person subject to this chapter who, with an intent to

kill or inflict great bodily harm, unlawfully kills a human being

in the heat of sudden passion caused by adequate provocation is

guilty of voluntary manslaughter and shall be punished as a court-

martial may direct.

  (b) Any person subject to this chapter who, without an intent

to kill or inflict great bodily harm, unlawfully kills a human

being--

     (1) by culpable negligence; or

     (2) while perpetrating or attempting to perpetrate an

offense, other than those named in clause (4) of section 918 of

this title (article 118), directly affecting the person;

  is guilty of involuntary manslaughter and shall be punished as

a court-martial may direct.

   920. ART. 120. RAPE AND CARNAL KNOWLEDGE

  (a) Any person subject to this chapter who commits an act of

sexual intercourse with a female not his wife, by force and

without consent, is guilty of rape and shall be punished by death

or such other punishment as a court-martial may direct.

  (b) Any person subject to this chapter who, under circumstances

not amounting to rape, commits an act of sexual intercourse with

a female not his wife who has not attained the age of sixteen

years, is guilty of carnal knowledge and shall be punished as a

court-martial may direct.

  (c) Penetration, however slight, is sufficient to complete

either of these offenses.

   921. ART. 121. LARCENY AND WRONGFUL APPROPRIATION

  (a) Any person subject to this chapter who wrongfully takes,

obtains, or withholds, by any means, from the possession of the

owner or of any other person any money, personal property, or

article of value of any kind--

     (1) with intent permanently to deprive or defraud another

person of the use and benefit of property or to appropriate it to

his won use or the use of any person other than the owner, steals

that property and is guilty of larceny; or

     (2) with intent to temporarily to deprive or defraud another

person of the use and benefit of property or to appropriate to

his own use the use of any person other than the owner, is guilty

of wrongful appropriation.

  (b) Any person found guilty of larceny or wrongful

appropriation shall be punished as a court-martial may direct.

   922. ART. 122. ROBBERY

  Any person subject to this chapter who with intent to steal

takes anything of value from the person or in the presence of

another, against his will, by means of force or violence or fear

of immediate or future injury to his person or property or to the

person or property of a relative or member of his family or of

anyone in his company at the time of the robbery, is guilty of

robbery and shall be punished as a court-martial may direct.

   923. ART. 123. FORGERY

  Any person subject to this chapter who, with intent to defraud-

-

     (1) falsely makes or alters any signature, to, or any part

of, any writing which would, if genuine, apparently impose a

legal liability on another or change his legal right or liability

to his prejudice; or

     (2) utters, offers, issues, or transfers such a writing,

known by him to be so made or altered;

  is guilty of forgery and shall be punished as a court-martial

may direct.

   923a. ART. 123a. MAKING, DRAWING, OR UTTERING CHECK, DRAFT, OR

ORDER WITHOUT SUFFICIENT FUNDS

  Any person subject to this chapter who--

     (1) for the procurement of any article or thing of value,

with intent to defraud; or

     (2) for the payment of any past due obligation, or for any

other purpose, with intent to deceive;

  makes, draws, utters, or delivers any check, draft, or order

for the payment of money upon any bank or other depository,

knowing at the time that the maker or drawer has not or will not

have sufficient funds in, or credit with, the bank or other

depository for the payment of that check, draft, or order in full

presentment, shall be punished as a court-martial may direct.

The making, drawing, uttering, or delivering by a maker or drawer

of a check, draft, or order, payment of which is refused by the

drawee because of insufficient funds of the maker or drawer in

the drawee's possession or control, is prima facie evidence of

his intent to defraud or deceive and of his knowledge of

insufficient funds in, or credit with, that bank or other

depository, unless the maker or drawer pays the holder the amount

due within five days after receiving notice , orally or in

writing, that the check, draft, or order was not paid on

presentment.  in this section the word "credit" means an

arrangement or understanding , express or implied, with the bank

or other depository for the payment of that check, draft, or

order.

   924. ART. 124. MAIMING

  Any person subject to this chapter who,  with intent to injure,

disfigure, or disable, inflicts upon the person of another an

injury which--

     (1) seriously disfigures his person by a mutilation thereof;

     (2) destroys or disables any member or organ of his body; or

     (3) seriously diminishes his physical vigor by the injury of

any member or organ;

  is guilty of maiming and shall be punished as a court-martial

may direct.

   925. ART. 125. SODOMY

  (a) Any person subject to this chapter who engages in unnatural

carnal copulation with another person of the same or opposite sex

or with an animal is guilty of sodomy.  Penetration , however

slight, is sufficient to complete the offense.

  (b) Any person found guilty of sodomy shall be punished as a

court-martial may direct.

   926. ART. 126. ARSON

  (a) Any person subject to this chapter who willfully and

maliciously burns or sets on fire an inhabited dwelling, or any

other structure, movable or immovable, wherein to the knowledge

of the offender there is at the time a human being, is guilty of

aggravated arson and shall be punished as a court-martial may

direct.

  (b) Any person subject to this chapter who willfully and

maliciously burns or sets fire to the property of another, except

as provided in subsection (a), is guilty of simple arson and

shall be punished as a court-martial may direct.

   927. ART. 127. EXTORTION

  Any person subject to this chapter who communicates threats to

another person with the intention thereby to obtain anything of

value or any acquittance, advantage, or immunity is guilty of

extortion and shall be punished as a court-martial may direct.

   928. ART. 128. ASSAULT

  (a) Any person subject to this chapter who attempts or offers

with unlawful force or violence to do bodily harm to another

person, whether or not the attempt or offer is consummated, is

guilty of assault and shall be punished as a court-martial may

direct.

  (b) Any person subject to this chapter who--

     (1) commits an assault with a dangerous weapon or other

means or force likely to produce death or grievous bodily harm;

or

     (2) commits an assault and intentionally inflicts grievous

bodily harm with or without a weapon;

  is guilty of aggravated assault and shall be punished as a

court-martial may direct.

   929. ART. 129. BURGLARY

  Any person subject to this chapter who, with intent to commit

an offense punishable under section 918-929 of this title

(article 118-128), breaks and enters, in the nighttime, the

dwelling house of another, is guilty of burglary and shall be

punished as a court-martial may direct.

   930. ART. 130. HOUSEBREAKING

  Any person subject to this chapter who unlawfully enters the

building or structure of another with intent to commit a criminal

offense therein is guilty of housebreaking and shall be punished

as a court-martial may direct.

   931. ART. 131. PERJURY

  Any person subject to this chapter who in a judicial proceeding

or in a course of justice willfully and corruptly--

     (1) upon a lawful oath or in a form allowed by law to be

substituted for an oath, gives any false testimony material  to

the issue or matter of inquiry; or

     (2) in any declaration, certificate, verification, or

statement under penalty or perjury as permitted under section

1746 of title 28, United States Code, subscribes any false

statement material to the issue or matter of inquiry;

  is guilty of perjury and shall be punished as a court-martial

may direct.

   932. ART. 132. FRAUDS AGAINST THE UNITED STATES

  Any person subject to this chapter--

     (1) who, knowing it to be false or fraudulent--

          (A) makes any claim against the United States or any

officer thereof; or

          (B) presents to any person in the civil or military

          service thereof, for approval or payment, any claim

          against the United States or any officer thereof;

     (2) who, for the purpose of obtaining the approval,

allowance, or payment of any claim against the United States or

any officer thereof

          (A) makes or uses any writing or other paper knowing it

          to contain false or fraudulent statements;

          (B) makes any oath to any fact or to any writing or

          other paper knowing the oath to be false; or

          (C) forges or counterfeits any signature upon any

          writing or other paper, or uses any such signature

          knowing it to be forged or counterfeited;

     (3) who, having charge, possession, custody, or control of

any money, or other property or the United States, furnished or

intended for the armed forces thereof, knowingly delivers to any

person having authority to receive it, any amount thereof less

than that for which he receives a certificate or receipt; or

     (4) who, being authorized to make or deliver any paper

certifying the receipt of any property of the United States

furnished or intended for the armed forces thereof, makes or

delivers to any person such writing without having full knowledge

of the truth of the statements therein contained and with intent

to defraud the United States;

  shall, upon conviction, be punished as a court-martial may

direct.

  1 933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN

  Any commissioned officer, cadet, or midshipman who is convicted

of conduct unbecoming an officer and a gentleman shall be

punished as a court-martial may direct.

   934. ART. 134. GENERAL ARTICLE

  Though not specifically mentioned in this chapter, all

disorders and neglects to the prejudice of good order and

discipline in the armed forces, all conduct of a nature to bring

discredit upon the armed forces, and crimes and offenses not

capital, of which persons subject to this chapter may be guilty,

shall be taken cognizance of by a general, special or summary

court-martial, according to the nature and degree of the offense,

and shall be punished at the discretion of that court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               *SUBCHAPTER XII -- COURT OF MILITARY APPEALS

  Sec.    Art.

  941.    141. Status.

  942.    142. Judges.

  943.    143. Organization and employees.

  944.    144. Procedure.

  945.    145. Annuities for judges and survivors.

  946.    146. Code committee.

   941. ART. 141. STATUS

  There is a court of record known as the United States Court of

Military Appeals.  The court is established under Article 1 of

the Constitution.  The court is located for administrative

purposes only in the Department of Defense.

   942. ART. 142. JUDGES.

  (a) NUMBER.  The United States Court of Military Appeals

consists of five judges.

  (b) APPOINTMENT; QUALIFICATION.

     (1) Each judge of the court shall be appointed from civil

life by the President, by and with the advice and consent of the

Senate, for a specified term determined under paragraph (2).  A

judge may serve as a senior judge as provided in subsection (e).

     (2) The term of a judge shall expire as follows:

          (A) In the case of a judge who is appointed after March

          31 and before October 1 of any year, the term shall

          expire on September 30 of the year in which the

          fifteenth anniversary of the appointment occurs.

          (B) In the case of a judge who is appointed after

          September 30 of any year and Before April 1 of the

          following year, the term shall expire fifteen years

          after such September 30.

     (3) Not more than three of the judges may be appointed from

the same political party, and no person may be appointed to be

judge of the court unless the person is a member of the bar of a

Federal court or the highest court of a State.

  (c) REMOVAL. Judges of the court may be removed from office by

the President, upon notice and hearing, for--

     (1) neglect of duty;

     (2) misconduct; or

     (3) mental or physical disability.

  A judge may not be removed by the President for any other

cause.

  (d) PAY AND ALLOWANCES. Each judge of the court is entitled to

the same salary and travel allowances as are, and from the time

may be, provided for judges of the United States Courts of

Appeals.

  (e) SENIOR JUDGES.

     (1) A former judge of the court who is receiving retired pay

or annuity under section 945 of this title (article 145) or under

subchapter III of chapter 83 or chapter 84 title 5 shall be a

senior judge.

     (2)  (A) The chief judge of the court may call upon a senior

judge of the court, with the consent of the senior judge, to

perform judicial duties with the court--

               (i) during a period a judge of the court is unable

               to perform his duties because of illness or other

               disability;

               (ii) during a period in which a position of judge

               of the court is vacant; or

               (iii) in any case in which a judge of the court

               recuses himself.

          (B) A senior judge shall be paid for each day on which

          he performs judicial duties with the court an amount

          equal to the daily equivalent of the annual rate of pay

          provided for a judge of the court.  Such pay shall be

          in lieu of retired pay and in lieu of an annuity under

          section 945 of this title (Article 145), subchapter III

          of chapter 83 or subchapter II of chapter 84 of title

          5, or any other retirement system for employees of the

          Federal Government.

     (3) A senior judge, while performing duties referred to in

paragraph (2), shall be provided with such office space and staff

assistance as the chief judge considers appropriate and shall be

entitled to the per diem, travel allowances, and other allowances

provided for judges of the court.

     (4) A senior judge shall be considered to be an officer or

employee of the United States with respect to his status as a

senior judge, but only during periods the senior judge is

performing duties referred to in paragraph (2).  For the purposes

of section 205 of title 18, a senior judge shall be considered to

be a special Government employee during such periods.   Any

provision of law that prohibits or limits the political or

business activities of an employee of the United States shall

apply to a senior judge only during such periods.

  (5) The court shall prescribe rules for the use and conduct of

senior judges of the court.  The chief judge of the court shall

transmit such rules, and any amendments to such rules, to the

Committees on Armed Services of Senate and House of

Representatives not later than 15 days after the issuance of such

rules or amendments, as the case may be.

  (6) For the purposes of subchapter III of chapter 83 of title 5

(relating to the Civil Service Retirement and Disability System)

and chapter 84 of such title (relating to the Federal Employees'

Retirement System) and for purposes of any other Federal

Government retirement system for employees of the Federal

Government--

          (A) a period during which a senior judge performs

          duties referred to in paragraph (2) shall not be

          considered creditable service.

          (B) no amount shall be withheld from the pay of a

          senior judge as a retirement contribution under section

          8334, 8343, 8342, or 8432 of title 5 or under other

          such retirement system for any period during which the

          senior judge performs duties refereed to in paragraph

          (2);

          (C) no contribution shall be made by the Federal

          Government to any retirement system with respect to a

          senior judge for any period during which the senior

          judge performs duties referred to in paragraph (2); and

          (D) a senior judge shall not be considered to a re

          employed annuitant for any period during which the

          senior judge performs duties referred to in paragraph

          (2).

  (f) SERVICE OF ARTICLE III JUDGES.

     (1) the Chief Justice of the United States, upon the request

of the chief judge of the court, may designate a judge of a

United States court of appeals or of a United States district

court to perform the duties of judge of the United States Court

of Military Appeals--

          (A) during a period a judge of the court is unable to

          perform his duties because of illness or other

          disability; or

          (B) in any case in which a judge of the court recuses

          himself.

     (2) A designation under paragraph (1) may be made only with

the consent of the designated judge and the concurrence of the

chief judge of the court of appeals or district court concerned.

     (3) Per diem, travel allowances, and other allowances paid

to the designated judge in connection with the performance of

duties for the court shall be paid from funds available for the

payment of per diem and such allowances for judges of the court.

  (g) EFFECT OF VACANCY ON COURT. A vacancy on the court does not

impair the right of the remaining judges to exercise the powers

of the court.

   943. ART. 143. ORGANIZATION AND EMPLOYEES

  (a) CHIEF JUDGE.  The President shall designate from time to

time one of the judges of the United States Court of Military

Appeals to be chief judge of the court.

  (b) PRECEDENCE OF JUDGES.  The chief judge of the court shall

have precedence and preside at any session that he attends.  The

other judges shall have precedence and preside according to the

seniority of their original commissions.  Judges whose

commissions bear the same date shall have precedence according to

seniority in age.

  (c) STATUS OF ATTORNEY POSITIONS.

     (1) Attorney positions of employment under the Court of

Military Appeals are exempted from the competitive service.

Appointments to such positions shall be made by the court,

without the concurrence of any other officer or employee of the

executive branch, as in the same manner as appointments are made

to other executive branch positions of a confidential or policy-

determining character for which it is not practicable to examine

or hold a competitive examination.  such positions shall not be

counted as positions of that character for purposes of any

limitation on the number of positions of that character provided

in law.

     (2) In making appointments to the positions described in

paragraph (1), preference shall be given, among equally qualified

persons, to persons who are preference eligibles (as defined in

section 2108(3) of title 5).

   944. ART. 144. PROCEDURE

  The United States Court of Military Appeals may prescribe its

rules of procedure and may determine the number of judges

required to constitute a quorum.

   945. ART. 145. ANNUITIES FOR JUDGES AND SURVIVORS

  (a) RETIREMENT ANNUITIES FOR JUDGES.

     (1) A person who has completed a term of service for which

he was appointed as a judge of the United States Court of

Military Appeals is eligible for an annuity under this section

upon separation from civilian service in the Federal Government.

     (2) A person who is eligible for any annuity under this

section shall be paid that annuity if, at the time he becomes

eligible to receive that annuity, he elects to receive that

annuity in lieu of any other annuity for which he may be eligible

at the time of such election (whether an immediate or a deferred

annuity) under subchapter III of chapter 83 or subchapter II of

chapter 84 of title 5 or any other retirement system for civilian

employees of the Federal Government.  Such an election may not be

revoked.

  (3)     (A) The Secretary of Defense shall notify the Director

          of the Office of Personnel Management whenever an

          election under paragraph (2) is made affecting any

          right or interest under subchapter III of chapter 83 or

          subchapter II of chapter 85 of title 5 based on service

          as a judge of the United States Court of Military

          Appeals.

          (B) Upon receiving any notification under subparagraph

          (A) in the case of a person making an election under

          (2), the Director shall determine the amount  of the

          person's lump-sum credit under subchapter III of

          chapter 83 or subchapter II of chapter 84 of title 5,

          as applicable, and shall request the Secretary of

          Treasury to transfer such amount from the Civil Service

          Retirement and Disability Fund to the Department of

          Defense Military Retirement Fund.  The Secretary of the

          Treasury shall make any transfer so requested.

          (C) In determining the amount of a lump-sum credit

          under section 8331(8) of title 5 for purposes of this

          paragraph--

               (i) interest shall be computed using the rates

               under section 8334(e)(3) of such title; and

               (ii) the completion of 5 years of civilian service

               (or longer) shall not be a basis for excluding

               interest.

  (b) AMOUNT OF ANNUITY. The annuity payable under this section

to a person who makes an election under subsection (a)(2) is 80

percent of the rate of pay for a judge in active service on the

United States Court of Military Appeals as of the date on which

the person is separated form civilian service.

  (c) RELATION TO THRIFT SAVINGS PLAN.  Nothing in this section

affects any right of any person to participate in the thrift

savings plan under section 8351 of title 5 subchapter III of

chapter 84 of such title.

  (d) SURVIVOR ANNUITIES. The Secretary of Defense shall

prescribe by regulation a program to provide annuities for

survivors and former spouses of persons receiving annuities under

section by reason of elections made by such persons under

subsection (a)(2). That program shall, to the maximum extent

practicable, provide benefits and establish terms and conditions

that are similar to those provided under survivor and former

spouse annuity programs under other retirement systems for

civilian employees of the Federal Government.  The program may

include provisions for the reduction in the annuity paid the

person as a condition for the survivor annuity.  An election by a

judge (including a senior judge) or former judge to receive an

annuity under this section terminates any right or interest which

any other individual may have to a survivor annuity under any

other retirement system for civilian employees of the Federal

Government based on the service of that judge or former judge as

a civilian officer or employee of the Federal Government (except

with respect to an election under subsection (g)(1)(B)).

  (e) COST-OF-LIVING INCREASES. The Secretary of Defense shall

periodically increase annuities and survivor annuities paid under

this section in order to take account of changes in the cost of

living.  The Secretary shall prescribe by regulation procedures

for increases in annuities under this section.  Such system

shall, to the maximum extent appropriate, provide cost-of-living

adjustments that are similar to those that are provided under

other retirement systems for civilian employees of the Federal

Government.

  (f) DUAL COMPENSATION. A person who is receiving an annuity

under this section by reason of service as a judge of the court

and who is appointed to a position in the Federal Government

shall, during the period of such person's service in such

position, be entitled to receive only the annuity under this

section or the pay for that position, whichever is higher.

  (g) ELECTION OF JUDICIAL RETIREMENT BENEFITS.

     (1) A person who is receiving an annuity under this section

by reason of service as a judge of the court and who later is

appointed as a justice or judge of the United States to hold

office during good behavior and who retires from that office, or

from regular service in that office, shall be paid either--

          (A) the annuity under this section, or

          (B) the annuity or salary to which he is entitled by

          reason of his service as such a justice or judge of the

          United States, as determined by an election by that

          person at the time of his retirement from the office,

          or from regular active service in the office, of

          justice or judge of the United States.  Such an

          election may not be revoked.

     (2) An election by a person to be paid an annuity or salary

pursuant to paragraph (1)(B) terminates (A) any election

previously made by such person to provide a survivor annuity

pursuant to subsection (d), and (B) any right of any other

individual to receive an survivor annuity pursuant to subsection

(d) on the basis of the service of that person.

  (h) SOURCE OF PAYMENT OF ANNUITIES.  Annuities and survivor

annuities paid under this section shall be paid out f the

Department of Defense Military Retirement Fund.

   946. ART. 146. CODE COMMITTEE

  (a) ANNUAL SURVEY. A committee shall beet at least annually and

shall make an annual comprehensive survey of the operation of

this chapter.

  (b) COMPOSITION OF COMMITTEE. The committee shall consist of--

     (1) the judges of the United States Court of Military

Appeals;

     (2) the Judge Advocates General of the Army, Navy, and Air

Force, the Chief Counsel of the Coast Guard, and the Staff Judge

Advocate to the Commandant of the Marine Corps; and

     (3) two members of the public appointed by the Secretary of

Defense.

  (c) REPORTS.

     (1) After each such survey, the committee shall submit a

report--

          (A) to the Committees on Armed Services of the Senate

          and House of Representatives; and

          (B) Amy recommendation of the committee relating to--

               (i) uniformity of policies as to sentences;

               (ii) amendments to this chapter; and

               (iii) any other matter the committee considers

               appropriate.

  (d) QUALIFICATION AND TERMS OF APPOINTED MEMBERS. Each member

of the committee appointed by the Secretary of Defense under

subsection (B)(3) shall be a recognized authority in military

Justice or criminal law.  Each such member shall be appointed for

a term of three years.

  (e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The

Federal Advisory Committee Act (5 U.S.C. App I) shall not apply

to the committee.