Page 485 - Trump Executive Orders 2017-2021

10188 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(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 other punishment as a court-martial may direct.
b. F:lements.
(1) Running mvay.
(a) That the accused was before or in the presence of the enemy;
(b) That the accused misbehaved by running away; and
(c) That the accused intended to avoid actual or impending combat with the enemy by
runmng away.
(2) Shamefully abandoning, surrendering, or delivering up command.
(a) That the accused was charged by orders or circumstances with the duty to defend a
certain command, unit, place, ship, or military property;
(b) That, without justification, the accused shamefully abandoned, surrendered, or delivered
up that command, unit, place, ship, or military property; and
(c) That this act occurred while the accused was before or in the presence of the enemy.
(3) l.,'ndangering safety of a command, unit, place, ship, or military property.
(a) That it was the duty of the accused to defend a certain command, unit, place, ship, or
certain military property;
(b) That the accused committed certain disobedience, neglect, or intentional misconduct;
(c) That the accused thereby endangered the safety of the command, unit, place, ship, or
military property; and
(d) That this act occurred while the accused was before or in the presence of the enemy.
( 4) Casting mvay arms or ammunition.
(a) That the accused was before or in the presence of the enemy; and
(b) That the accused cast away certain anns or ammunition.
( 5) Cmvardly conduct.
(a) That the accused committed an act of cowardice;
(b) That this conduct occurred while the accused was before or in the presence of the enemy;
and
(c) That this conduct was the result of fear.
( 6) Quitting place of duty to plunder or pi !!age.
(a) That the accused was before or in the presence of the enemy;
(b) That the accused quit the accused's place of duty; and
(c) That the accused's intention in quitting was to plunder or pillage public or private
property.
(7) Causingfalse alarms.
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