Page 448 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10151

In that (personal jurisdiction data) having been placed in medical quarantine
by a person authorized to order the accused into medical quarantine (for a quarantinable
communicable disease as defined in 42 C.F.R. § 70.1, to wit: having knowledge of
the quarantine and the limits of the quarantine, did, (at/on board-location) (subject-matter
jurisdiction data, if required), on or about __ 20 _, break said medical quarantine.

9. Article 85 (1 0 U.S.C. 885)--Desertion
a. Text of statute.
(a) Any member of the armed forces who--
(1) without authority goes or remains absent from his unit, organization, m·
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 one of the armed forces without fully
disclosing the fact that he has not been regularly separated, or enters any fot·eign 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.
b. i'-'lements.
(1) Desertion with intent to remain awc:ry permanently.
(a) That the accused absented himself or herself from his or her unit, organization, or place
of duty;
(b) That such absence was without authority;
(c) That the accused, at the time the absence began or at some time during the absence,
intended to remain away from his or her unit, organization, or place of duty pennanently; and
(d) That the accused remained absent until the date alleged.
[Note: If the absence was tenninated by apprehension, add the following element]
(e) That the accused's absence was terminated by apprehension.
(2) Desertion with intent to avoid hazardous duty or to shirk important service.
(a) That the accused quit his or her unit, organization, or other place of duty;
(b) That the accused did so with the intent to avoid a certain duty or shirk a certain service;
(c) That the duty to be performed was hazardous or the service important;
(d) That the accused knew that he or she would be required for such duty or service; and
(e) That the accused remained absent until the date alleged.
(3) Desertion before notice of acceptance of resignation.
(a) That the accused was a commissioned officer of an armed force of the United States, and
had tendered his or her resignation;
(b) That before he or she received notice of the acceptance of the resignation, the accused
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quit his or her post or proper duties;

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