Page 486 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10189

(a) That an alarm was caused in a certain command, unit, or place under control of the
armed forces of the United States;
(b) That the accused caused the alarm;
(c) That the alarm was caused without any reasonable or sufficient justification or excuse;
and
(d) That this act occurred while the accused was before or in the presence of the enemy.
(8) Willfully failing to do utmost to encounter enemy.
(a) That the accused was serving before or in the presence of the enemy;
(b) That the accused had a duty to encounter, engage, capture, or destroy certain enemy
troops, combatants, vessels, aircraft, or a certain other thing; and
(c) That the accused willfully failed to do the utmost to perform that duty.
(9) Failing to qfford relief and assistance.
(a) That certain troops, combatants, vessels, or aircraft of the armed forces belonging to the
United States or an ally of the United States were engaged in battle and required relief and
assistance;
(b) That the accused was in a position and able to render relief and assistance to these troops,
combatants, vessels, or aircraft, without jeopardy to the accused's mission;
(c) That the accused failed to afford all practicable relief and assistance; and
(d) That, at the time, the accused was before or in the presence of the enemy.
c. F;xplanation.
(1) Running cnvay.
(a) Running away. "Running away" means an unauthorized departure to avoid actual or
impending combat It need not, however, be the result of fear, and there is no requirement that the
accused literally mn.
(b) l!J'nemy. Enemy includes organized forces of the enemy in time of war, any hostile body
that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes
civilians as well as members of military organizations. Enemy is not restricted to the enemy
government or its armed forces. All the citizens of one belligerent are enemies of the government
and all the citizens of the other.
(c) Before or in the presence qf the enemy. Whether a person is before or in the presence of
the enemy is a question of tactical relation, not distance. For example, a member of an antiaircraft
gun crew charged with opposing anticipated attack from the air, or a member of a unit about to
move into combat may be before the enemy although miles from the enemy lines. On the other
hand, an organization some distance from the front or immediate area of combat which is not a
part of a tactical operation then going on or in immediate prospect is not "before or in the presence
of the enemy" within the meaning of this article.
(2) Shameful~v abandoning, surrendering, or delivering up of command.
(a) Scope. This provision concerns primarily commanders chargeable with responsibility
for defending a command, unit, place, ship or militmy property. Abandonment by a subordinate
would ordinarily be charged as mnning away.
(b) Shameful. Surrender or abandonment without justification is shameful within the
meaning ofthis atiicle.
(c) Surrender; deliver up. "Surrender" and "deliver up" are synonymous for the purposes
of this article.
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