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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