Page 447 - Trump Executive Orders 2017-2021
P. 447
10150 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents
(2) Feigning illness, physical disablement, mental/apse, or mental derangement in a hostile
fire pay zone or in time of war. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
(3) Intentional se[f:.injlicted injmy. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 5 years.
(4) Intentional self-inflicted injwy in a hostile fire pc(v zone or in time ofwar. Dishonorable
discharge, forfeiture of all pay and allowances, and confinement for 10 years.
e. Sample specification.
In that (personal jurisdiction data), did, (at/on board-location) (in a hostile
fire pay zone) (subject-matter jurisdiction data, if required) (on or about __ 20 _)(from about
__ 20 _to about __ 20 _),(a time of war) for the purpose of avoiding ((his) (her) duty
as officer of the day) ((his) (her) duty as aircraft mechanic) (work in the mess hall) (service as an
enlisted person) (feign (a headache) (a sore back) (illness) (mental lapse) (mental
derangement) L)) (intentionally injure himself/herself by _____ ,
8. Article 84 (10 LJ.S.C. 884)-Breach of medical quarantine
a. Text (?{statute.
Any person subject to this chapter-
( I) who is ordered into medical quarantine by a person authot·ized to issue
such order; and
(2) who, with knowledge of the quarantine and the limits of the quarantine,
goes beyond those limits before being released from the quarantine by proper authority;
shall be punished as a court-martial may direct.
b. Elements.
(1) That a certain person ordered the accused into medical quarantine;
(2) That the person was authorized to order the accused into medical quarantine;
(3) That the accused knew of this medical quarantine and the limits thereot; and
( 4) That the accused went beyond the limits of the medical quarantine before being released
therefrom by proper authority.
[Note: If the offense involved violation of a medical quarantine imposed in response to emergence
of a "quarantinable communicable disease" as defined in 42 C.F.R. § 70.1, add the following
element]
(5) That the medical quarantine was imposed in reference to a quarantinable communicable
disease (to wit: as defined in 42 C.F.R. § 70.1.
c. Explanation.
(1) DistinguJshing "quarantine" .from "quarters" orders. Putting a person "on quarters" or
other otherwise excusing a person from duty because of illness does not of itself constitute a
medical quarantine.
d. A1aximum punishment.
( 1) Breach of medical quarantine involving a quarantinable communicable disease defined by
42 C.F.R. § 70.1. Dishonorable discharge, forfeiture of all pay and allowances, and confinement
for 1 year.
(2) Breach ~fmedical quarantine-all other cases. Bad-conduct discharge, forfeiture of two-
thirds pay per month for 6 months, and confinement for 6 months.
e. Sample spec{fication.
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