Military Instructors Manual by James P. Cole and Oliver Schoonmaker

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ARTICLE 63.

DISRESPECT TOWARD A SUPERIOR OFFICER:

Punishment: Court-martial.

"Any person subject to military law who behaves himself with
disrespect toward his superior officer...."
Unlike Article 62, disrespect toward a superior officer requires
no words--acting or neglecting to act (such as rudeness or failure
to salute) are enough.

ARTICLE 64.

ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR OFFICER:

Punishment: Death or court-martial.

(1) "Any person subject to military law who on any pretense
whatsoever, strikes his superior officer--lifts a weapon, or
offers violence against him, being in the execution of his
office."
(2) "Or willfully disobeys any lawful command of his superior
officer."
Drunkenness here tends to show absence of the essential
willfullness.
Self defense is not forbidden nor violence to suppress mutiny.

ARTICLE 65.

INSUBORDINATE CONDUCT TOWARD A NON-COMMISSIONED OFFICER:

Punishment: Court-martial.

(1) "Any soldier who assaults or attempts or threatens to
strike or assault."
(2) "Or willfully disobeys the lawful order of a
non-commissioned officer while in the execution of his office."
(3) "Or uses threatening or insulting language."
(4) "Or behaves in an insubordinate or disrespectful manner."
Drunkenness will not have the effect here of showing an absence
of willfullness.

ARTICLE 68.

DISORDERS:

Punishment: Court-martial.

"All officers and non-commissioned officers have power to quell
disorders and to order officers who take part in the same into
arrest, and other persons into arrest or confinement.
Whosoever, being so ordered:
(1) Refuses to obey.
(2) Draws a weapon.
(3) Otherwise threatens or does violence shall be punished."
This is one instance (except a.w., 67, mutiny) where even a
corporal might order a general into arrest.
This is the only instance:
(1) Where anyone other than a commissioned officer can put an
officer under arrest.
(2) Where anyone other than an officer can order, arrest or
confinement of a soldier except on power given by C.O.

ARTICLE 69.

BREAKING ARREST:

Punishment: (Officer) Dismissal, (Soldier) Court-martial.

"Any officer charged with crime shall be placed in arrest by
C.O.... in exceptional cases ... confined."
"A soldier charged with crime ... shall be placed in confinement
... when charged with minor offense placed in arrest."
"Any person placed in arrest ... shall be restricted to
barracks, quarters, tent, unless limits are enlarged by proper
authority."
"An officer or any other person breaking his arrest or who
escapes from confinement before being set at liberty by proper
authority shall be punished by...."
To break arrest is punishable even though a person is innocent
of the charge or ought to have been released.

ARTICLE 75.

MISBEHAVIOR BEFORE THE ENEMY:

Punishment: Death or court-martial.

"Any officer or soldier who:
(1) Misbehaves before the enemy--runs away, or shamefully
abandons post.
(2) Or speaks words inducing others to do so.
(3) Or quits his post or colors to plunder or pillage.
(4) Occasions false alarms in camp or quarters shall suffer
...."
The word "enemy" implies "any hostile body" such as a mob or
riot crowd.

ARTICLE 83.

NEGLECT OF MILITARY PROPERTY:

Punishment: Make good the loss and court-martial.

"Any person subject to military law who willfully or through
neglect suffers to be lost, damaged, or wrongfully disposed of,
any military property belonging to United States of
America--shall make good the loss and...."

ARTICLE 84.

WASTE OR UNLAWFUL DISPOSAL OF PROPERTY ISSUED TO SOLDIERS:

Punishment: Court-martial.

"Any soldier who sells or wrongfully disposes of any property
issued for military service shall be punished...."

ARTICLE 85.

DRUNK ON DUTY:

Punishment: (War time) dismissal and court-martial, (Peace time)
court-martial.

"Any officer ... drunk on duty shall ... in time of war be
dismissed ... and
Any other person subject to military law, drunk on duty ...
shall be punished...."

ARTICLE 86.

MISBEHAVIOR OF A SENTINEL:

Punishment: (War time) death or court-martial, (Peace time)
court-martial.

"Any sentinel found:
(1) Drunk.
(2) Asleep.
(3) Or who leaves before being regularly relieved shall be
punished...."

ARTICLE 92.

MURDER OR RAPE:

Punishment: Death or life imprisonment.

"Any person who commits murder or rape shall suffer death or
life imprisonment as the court-martial may direct."
No person shall be tried for murder or rape committed in the
limits of the U.S.A. in time of peace. This is left to civil
courts.

ARTICLE 93.

VARIOUS CRIMES:

Punishment: Court-martial.

"Any person who commits
(1) Manslaughter,
(2) Mayhem (cutting),
(3) Arson,
(4) Burglary,
(5) Larceny,
(6) Embezzlement,
(7) Perjury,
(8) Assault with intent to commit any felony.
(9) Assault with intent to do bodily harm. shall be
punished...."
Definition of these crimes is left to local law.

ARTICLE 94.

FRAUDS AGAINST THE GOVERNMENT:

Punishment: Court-martial.

Article of War No. 94 is equivalent to prohibiting any person
subject to military law from defrauding or attempting, or
conspiring to defraud the Government of the U.S.A.--also from
stealing, embezzling any Government property.

ARTICLE 95.

CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN:

Punishment: Dismissal.

"Any officer or cadet convicted of unbecoming conduct shall be
dismissed...."
Misconduct may be official or unofficial.

ARTICLE 96.

GENERAL ARTICLE, THE CATCH ALL:

Punishment: Court-martial.

"... all disorders and neglects to the prejudice of good
military discipline.
All conduct of a nature to bring discredit upon the military
service.
All crimes and offences not capital shall be taken cognizance of
by
(1) General,
(2) Special,
(3) Summary court-martials according to the nature and degree
of the offense and punished....
Article of War 96 covers all crimes and is handy when no other
Article of War fits. It is wise, however, to use this Article
sparingly on Charges, finding if possible the exact Article
necessary to cover the case at hand."

EXAMPLES.

PROBLEM 1:

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

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

(Signed) JOHN HANCOCK,
Captain, 301st Infantry.

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

PROBLEM 2:

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

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

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

(Signed) WILLIAM HITCHCOCK,
Captain, 205th Infantry.

Under what articles of war do these offenses belong?

What kind of court-martial required?

PROBLEM 3:

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

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

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

Under what article of war does this offense belong?

NO. ARTICLES OF WAR. PUNISHMENT.
54. Fraudulent enlistment Court martial
58. Desertion War: Death or court martial
Peace: Except death
61. Absence without leave Court martial
62. Disrespect to Presidents Officer: Dismissal
Vice-President, Secretary Soldier: Court martial
of War, Congress, etc.
63. Disrespect to superior officer Court martial
64. Assaulting or disobeying Death or court martial
superior officer
65. Insubordination to a Court martial
non-commissioned officer
69. Arrest or confinement Officer: Dismissal
of accused persons Soldier: Court martial
75. Misbehavior before the enemy Death or court martial
83. Loss, etc., military property Make good the loss and court martial
84. Loss of military property Court martial
issued to soldiers
85. Drunk on duty { Officers--
{ War: Dismissal
{ Peace: Court martial
{ Soldiers: Court martial
86. Misbehavior of sentinel { War: Death or
{ Peace: Court martial (except death)
93. Various crimes Court martial
94. Frauds against the Government Court martial
95. Conduct unbecoming an officer Dismissal
96. General article Court martial
(General or special)

CHAPTER 7.

Notes on Army Regulations

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

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

3. ABUSIVE LANGUAGE or conduct by superiors forbidden.

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

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

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

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

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

113. No PAYMENTS made to men while on furlough. Arms not to be taken
on furlough or while reporting sick.
(N.B.--There will unquestionably be a modification of this ruling,
as the custom abroad is to have every man keep his complete equipment
with him whenever possible.)

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

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

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

127. COSTS OF APPREHENSION will be charged against deserter.

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

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

132. ABSENT WITHOUT LEAVE. Enlisted man forfeits all pay and
allowances while away.
Soldier will not be charged with desertion until commanding officer
has reason to believe he intended to desert. Absence of less than 24
hours will not be noted upon the muster roll.

139. DISCHARGE of enlisted man only
1. By order of President or Secretary of War.
2. By order of General Court Martial.
3. By order of United States court or justice or judge, on writ of
habeas corpus.
4. By command of territorial department.
5. By disability in line of duty.
6. By sentence of civil court.
7. By purchase.
(N.B.--In time of war it is probable that the last two methods would
not be effective for discharge from the service.)

140. FINAL STATEMENTS. The company commander will furnish each
enlisted man a final statement (or duplicate) or a full statement in
writing explaining why such final statement is not furnished. No final
statement will be furnished a soldier who has forfeited all pay and
allowances or who has no deposits due him.

147. CERTIFICATE will give
1. Character certified by company commander.
2. Whether recommended for re-enlistment.
In case of negative opinion, the soldier should be notified at
least 30 days prior to discharge. In that case the company
commander shall convene a board of three officers (if possible) to
determine what kind of discharge shall be given. The soldier will
be given a hearing.

151. LOSS OF DISCHARGE CERTIFICATE. Discharge certificates will not be
made in duplicate. Upon proper proof of loss or destruction without
fault of person entitled to it, the War Department will issue a
certificate of service, showing date of enlistment and discharge from
the army and character given in original certificate.
Discharge certificates should never be forwarded to the War
Department in correspondence unless called for.

159. PHYSICAL DISABILITY CERTIFICATE issued when an enlisted man is
permanently unfitted for service, in line of duty. Certificates of
disability not made in duplicate.

162. DEATH OF SOLDIER.
1. Effects are secured.
2. Nearest relatives notified.
3. Adjutant General of army notified.

In active service the War Department requires the following reports:
1. Report of company commander to Adjutant General, covering death
and disposal of remains.
2. Report of surgeon or company commander embodying
a. Cause of death.
b. Whether in line of duty.
c. Whether due to another soldier's misconduct.
3. Inventory of effects in duplicate.

163. EFFECTS, when not claimed within reasonable time, sold and
credited to United States.
No authority for officers to pay debts of dead soldiers.
Trinkets will not be sold but sent to the Adjutant General's office.

165. EFFECTS will be delivered, if called for, to legal representative
of deceased after arrears are paid.

167. MEDAL OF HONOR. Authorized by Congress to be awarded to officers
and men for extreme acts of gallantry in action, beyond line of duty.
Recommendations will be considered by standard of extraordinary merit,
and must have incontestible proof.

184. CERTIFICATE OF MERIT. Granted by President to any enlisted man in
the service for distinguished acts in line of duty, on recommendation
of company commander, based upon statement of eye witness, preferably
the immediate company commander. $200 permanent additional pay is
allowed.

285. QUARTERS. Name of each soldier on bunk. Arms on rack.
Accoutrements hung up by the belts.

287. SATURDAY INSPECTION preceded by thorough policing. Leaders of
squads will see that everything is clean.

1011. NEGLECT OF ROOMS or furniture by officer or soldier a military
offense. All necessary costs shall be paid by him.

1178. DESTRUCTION OF TABLEWARE or kitchen utensils by soldiers will be
charged against their pay.

288. CHIEFS OF SQUADS are responsible
1. For cleanliness of men.
2. For their proper equipment for duty.
3. For their proper dress when going "on pass."

374. PREMISES shall be policed daily after breakfast.

290. COMPANY COMMANDER will see that public property held by men is
kept in good order, and missing or spoiled articles paid for.

292. ARMS shall not be taken down without proper supervision and by
order of commissioned officer.
No changing of parts or finish.
Tompions (muzzle plugs) in small arms forbidden.

657. ACCOUNTABILITY AND RESPONSIBILITY--Both devolve upon persons
entrusted with public property.
Responsibility without accountability devolves upon one to whom
property is entrusted, but who does not have to make returns
therefor. Responsibility does not end until property has been given
back to accountable officer and a receipt taken, or he has been
relieved by regulations or by orders.
Accountability without responsibility occurs when an officer holds
proper memorandum receipts for property delivered to others.

EXAMPLE.--The Company Commander is accountable and responsible for the
rifles turned over to his company. He is accountable without
responsibility when each enlisted man has been issued a rifle and has
signed a receipt for it. Each enlisted man is then responsible for his
rifle, without accountability, until he returns it in proper
condition. In general, therefore: Accountability requires evidence of
the disposition that has been made of property. Responsibility implies
possession, and requires return of the property or payment for it.

685. LOSS OF PUBLIC PROPERTY by neglect of any officer or soldier
shall be paid by him, at such rates as a survey of the property may
determine.
Charges will be made only after conclusive proof, and not without a
survey if the soldier demands one.
Signing the payroll will be regarded as an acknowledgment of the
justice of the charge.

1202. RATION is the allowance of food for one person or animal for one
day.

1229. FORFEITURE of ration is made when a soldier overstays furlough.

1339. PAY for continuous service is credited a soldier if he enlists
within three months after honorable discharge.
For privates an increase of $3 per month is allowed up to and
including the third enlistment, beyond this $1 per month increase
given up to and including the seventh enlistment.
For non-commissioned officers the increase of $3 per month continues
to and includes the seventh enlistment.
No increased pay is given after the seventh enlistment to private or
non-commissioned officer.

1347. ALLOTMENTS (revised by Act of Congress, October, 1917).
The new law does away with future pensions. Allotments may be made to:
1. Family.
2. Bank.

For married men or those with dependents, such as children, parents
divorced wives, whose support is required by court order, allotments
are compulsory, and must not be less than $15 a month and not more
than one-half of his pay. The Company Commander is responsible for
finding who comes under this rule. By this arrangement soldiers cannot
shirk the support of dependents.
The government will double the amount allotted by each soldier, to a
limit of $37.50 a month. In cases where the soldier allots half of his
pay the government will add to the allotment according to the
following scale, even though it more than doubles the amount paid by
the soldier:

Class A.
Wife, no child, $15.
Wife, one child, $25.
Wife, two children, $32.50.
For each additional child, $5 more.
No wife living, one child, $5.
Two children, $12.50.
Three children, $20.
Four children, $30.
For each additional child, $5.
Class B.
One parent, $10.
Two parents, $20.
Each grandchild, brother, sister or additional dependent, $5.
Nurses can make allotment.

When both A and B classes are in need of allotment from a soldier's
pay, and he has allotted half of his pay to Class A, he may allot an
additional one-seventh of his pay for the support of Class B
dependents, and the government will pay the sums listed above to the
Class B dependents, to the limit of $20 a month. Payments under this
act were begun November 1, 1917. In case less than one-half of a
soldier's pay is allotted, the Secretary of War may require the
allotment to be increased up to one-half of the pay.

COMPENSATION FOR DEATH OR DISABILITY in line of duty. In all cases
must be applied for. In case of death, monthly compensation shall be
as follows per month:

Widow, $25.
Widow and 1 child, $35.
Widow and 2 children, $47.50.
Each additional child, $5.
One child alone, $20.
Two children, $30.
Three children, $40.
Each additional child, $5.
Widowed mother, $20.
For transportation of body, $100.

No women can receive compensation from two sources. The government
will continue to pay compensation to a dependent wife until her death
or remarriage, and to children until they are 18 years old, unless
they are insane or helpless, in which case it will continue to pay the
compensation during such incapacity.
In case of total disability, compensation will be as follows per
month:

Soldier alone, $30.
With wife, no child, $45.
With wife, one child, $55.
With wife, two children, $65.
Three children or more, $75.
No wife living, one child, $40.
No wife living, each additional child, $10.
Soldier and widowed mother, $40.

In case of total disability where attendance is needed, $20 per month
will be added to the compensation, unless the soldier is blind,
bedridden, or has lost both feet or hands, in which case the
compensation will be $100 per month, with no extra allowance for
attendance. In case of partial disability, compensation will be a
percentage of the amount paid in case of total disability. These
annuities continue only during the life of the person for whom they
are first paid.

ADDITIONAL INSURANCE.--Uniform compensation for all ranks can go only
to blood relations. In case of death or disability in line of duty, it
is paid in monthly instalments for 20 years. Insurance is from $1,000
to $10,000 in multiples of $500. The rate is exceedingly low.
Insurance must be applied for within 120 days after entering the
service. Premiums are paid monthly, quarterly or yearly from the pay
of the insured man. After the war this insurance must be converted
within five years into a policy either of straight life insurance,
20-year payment or endowment, maturing at the age of 62. In case of
death when there is no blood relationship, the reserve value,
according to the American insurance mortality tables, is paid to the
estate. None of these payments can be attached for debt, nor legal
action started against them except in a United States Court. The
maximum lawyer's fee in any such case is $500.

1361. DEPOSITS of not less than $5 may be made by an enlisted man (not
retired) to any quartermaster. Deposit book, signed by quartermaster
and company commander, given to man who makes the deposit. This book
is not transferable.

1363. A LOST DEPOSIT BOOK is not replaced without an affidavit of the
soldier, testifying that he has not sold nor assigned it.

1364. PAYMENT made only on final statement. The soldier should be
informed of the importance of keeping the deposit book.

1365. WITHDRAWAL OF DEPOSIT when discharged or furloughed to reserve.

1366. INTEREST on sum greater than $5 is 4 per cent.

1368. FORFEITURE due to desertion, but not by sentence of court
martial. Deposits not exempt from liabilities due the United States.

1371. OFFICERS AND MEN lose pay while confined by civil authorities.

1375. FURLOUGHED TO RESERVE or discharged, a soldier is given a final
statement in duplicate. This must be presented to be valid.

1378. TRANSPORTATION and subsistence is allowed to the point of
enlistment, or for the same distance. Not subject to deduction for
debts due the United States.

1380. DISCHARGED SOLDIER under charge of fraudulent enlistment is not
entitled to transportation and subsistence.

1383. TRANSFER OF CLAIMS on the government made by an enlisted man are
only recognized after discharge or furlough to the reserve. They must
be in writing and must be endorsed by a commissioned officer or other
responsible person known to the quartermaster.

1437. No one is allowed to accompany sick or wounded from the battle
line to the rear except those specifically authorized.

1530. Ammunition lost or used without orders or not in line of duty
shall be charged to the soldier using it.

NOTES ON THE LAWS OF WAR.

(From Manual for Commanders of Infantry Platoons, translated from
the French at the Army War College, 1917. War Department
Document No. 626.)

The laws of war were instituted under the generous error that certain
well-organized peoples had entirely emerged from barbarism and that
they considered themselves bound by the placing of their signatures to
international conventions, freely agreed to.

An infinite number of acts minutely and officially investigated have
established that our troops and our Nation should never count on the
observance of these laws and that the atrocities committed prove to be
not only individual violations dishonoring merely the perpetrator, but
violations premeditated and ordered in cold blood by the commanders
with the moral support of the heads of the enemy nation.

These laws are nevertheless repeated here in order that:

1. The knowledge of how the war should have been conducted may develop
in the heart of each man the sentiment of hate (applicable only to
foes such as we actually have), that in no case should a chief of
platoon tolerate any intercourse between his men and the enemy other
than that of the rifle; this duty is explicit and not to be departed
from except in the case of the wounded and prisoners incapable of
doing harm.

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