Page 487 - Trump Executive Orders 2017-2021

10190 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(d) Justification. Surrender or abandonment of a command, unit, place, ship, or military
property by a person charged with its defense can be justified only by the utmost necessity or
extremity.
(3) Endangering safety C?fa command, unit, place, ship, or militm}'property.
(a) Neglect. Neglect is the absence of conduct which would have been taken by a reasonably
careful person in the same or similar circumstances.
(b) Intentional misconduct. Intentional misconduct does not include a mere error in
judgment.
(4) Casting awcry arms or ammunition. Self-explanatory.
(5) Cowardly conduct.
(a) Cowardice. Cowardice is misbehavior motivated by fear.
(b) Fear. Fear is a natural feeling of apprehension when going into battle. The mere display
of apprehension does not constitute this offense.
(c) Nature qf qffense. Refusal or abandonment of a performance of duty before or in the
presence of the enemy as a result of fear constitutes this offense.
(d) Defense. Genuine and extreme illness, not generated by cowardice, is a defense.
(6) Quitting place (?f duty to plunder or pillage.
(a) Place (?f duty. Place of duty includes any place of duty, whether permanent or temporary,
fixed or mobile.
(b) Plunder or pillage. "Plunder or pillage" means to seize or appropriate public or private
property unlawfully.
(c) Nature C?f(?[(er!se. The essence of this offense is quitting the place of duty with intent to
plunder or pillage. Merely quitting with that purpose is suflicient, even if the intended misconduct
is not done.
(7) Causing false alarms. This provision covers spreading of false or disturbing mmors or
reports, as well as the false giving of established alarm signals.
(8) Wil/fuUyfailing to do utmost to encounter enemy. Willfully refusing a lawful order to go on
a combat patrol may violate this provision.
(9) }eli ling to afford relief and assistance.
(a) All practicable relief and assistance. "All practicable relief and assistance" means all
relief and assistance which should be afforded within the limitations imposed upon a person by
reason of that person's own specific tasks or mission.
(b) Nature of offense. This offense is limited to a failure to afford relief and assistance to
forces engaged in battle.
d. i\1aximum punishment. All offenses under Article 99. Death or such other punishment as a court-
martial may direct.
e. Sample specifications.
(1) Running away.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _,(before) (in the presence of) the
enemy, mn away (from (his) (her) company) (and hide)(_), (and did not retum until after the
engagement had been concluded) '-----'
(2) Shamefully abandoning, surrendering, or delivering up command.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, (before) (in the presence of) the
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