Page 509 - Trump Executive Orders 2017-2021

10212 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

d. Aiaximum punishment. Bad-conduct discharge, confinement for 6 months, and forfeiture of two-
thirds pay per month for 6 months.
e. Sample specification.
In that (personal jurisdiction data), a p1isoner on parole, did, (at/on board-
location) (subject-matter jurisdiction, if required), on or about __ 20 _,violate the conditions
of(his) (her) parole by ___ _

43. Article 108 (10 U.S.C. 908)-Military property of United States-Loss, damage,
destruction, or wrongful disposition
a. Text of statute.
Any person subject to this chapter who, without proper authority-
(1) sells m· otherwise disposes of;
(2) willfully or through neglect damages, destroys, or loses; or
(3) willfully or through neglect suffers to be lost, damaged, destroyed, sold, or
wrongfully disposed of;
any military property of the United States, shall be punished as a court-martial may direct.
b. F.lements.
(1) Selling or othenvise di.'>posing of military property.
(a) That the accused sold or otherwise disposed of certain property (which was a firearm or
explosive);
(b) That the sale or disposition was without proper authority;
(c) That the property was military property of the United States; and
(d) That the property was of a certain value.
(2) Damaging, destroying, or losing military property.
(a) That the accused, without proper authority, damaged or destroyed certain property in a
certain way, or lost certain property;
(b) That the property was military property of the United States;
(c) That the damage, destmction, or loss was willtully caused by the accused or was the
result of neglect by the accused; and
(d) That the property \Vas of a certain value or the damage was of a certain amount.
(3) Suffering militmy property to be lost, damaged, destroyed, sold, or wrongfully disposed of
(a) That certain property (which was a firearm or explosive) was lost, damaged, destroyed,
sold, or wrongfully disposed of;
(b) That the property was military property of the United States;
(c) That the loss, damage, destmction, sale, or wrongful disposition was suffered by the
accused, without proper authority, through a certain omission of duty by the accused;
(d) That the omission was willful or negligent; and
(e) That the property was of a certain value or the damage was of a certain amount.
c. Explanation.
(1) Afilitary property. Military property is all property, real or personal, owned, held, or used
by one of the armed forces ofthe United States. Military property is a term of art, and should not
be confused with Government property. The terms are not interchangeable. While all military
property is Government property, not all Government property is military property. An item of
Government property is not military property unless the item in question meets the definition
provided in this paragraph. It is immaterial whether the property sold, disposed, destroyed, lost, or
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damaged had been issued to the accused, to someone else, or even issued at all. If it is proved by

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