Executive Order 2043

Under authority of an Act of Congress approved September 27, 1890 (26 Stat., 491), the following limits of punishment of enlisted men and general prisoners are established:

Article I.

Section 1. In all cases of desertion the sentence may include dishonorable discharge and forfeiture of all pay and allowances due and to become due.

Sec. 2. Subject to the modifications authorized in paragraph 3 of this section, the limit of the term of confinement (at hard labor) for desertion shall be as follows:

1. In case of surrender:

   (a)	When the deserter surrenders himself after an absence of not more than 30 days, 1 year.
   (b)	When the surrender is made after an absence of more than 30 days, 18 months.

2. In case of apprehension:

   (a)	When at the time of desertion the deserter shall not have been more than 6 months in the service, 18 months.
   (b)	When he shall have been more than 6 months in the service, 2½ years.

3. The foregoing limitations are subject to the modification that the punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of ail outbreak of Indians or of an unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for five years.
   
   

Article II.

Except as otherwise indicated herein, punishments for the offenses hereinafter described shall not exceed the limits prescribed in the following table:

Offenses.

Punishment.

Under 17th Article of War.

Through neglect losing or spoiling horse or arms or accouterments or clothing, or items belonging to any two or more of said classes—

When the value of the property lost or spoiled is $50 or less.

Confinement at hard labor for 3 months, and forfeiture of two-thirds of his pay per month for a like period.

When the value of the property lost or spoiled exceeds $50.

Confinement at hard labor for months, and forfeiture of two-thirds of his pay per month for a like period.

Selling horse or arms or accouterments or clothing, or items belonging to any two or more of said classes—

When the value of the property sold is $50 or less.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 1 year.

When the value of the property sold exceeds $50.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

Under 20th Article of War.

Behaving himself with disrespect to his commanding officer

Confinement at hard labor for 6 months, and forfeiture of two-thirds of his pay per month for a like period.

Under 32d Article of War.

Absence without leave for—

Not more than 30 days.....

Confinement at hard labor for 3 days and forfeiture of 2 days' pay for each day or fraction of a day of absence.

More than 30 days........

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 6 months.

Under 33d Article of War.

Failure to repair at the time fixed, to the place appointed, etc.—

Reveille roll call........

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Forfeiture of 1 day's pay.

Retreat roll call........

11 p. m. inspection...

Assembly of guard detail...

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Forfeiture of 2 day's pay.

Guard mounting (by musician).

Assembly of fatigue detail...

Parade.......................

Inspection...................

Muster.......................

Target practice..............

Drill........................

Stable duty..................

Athletic exercises...........

School.......................

Assembly for march (including change of station), maneuver, or detached service.

Forfeiture of 2 days' pay for each day or fraction of a day of the march, maneuver, or detached service not participated in as a result of the failure to report; but not to exceed a forfeiture of two-thirds of his pay per month for two months.

Leaving without permission the place appointed for—

Assembly of guard detail.....

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Forfeiture of 3 day's pay.

Guard mounting (by musician).

Assembly of fatigue detail...

Parade.......................

Inspection...................

Muster.......................

Target practice..............

Drill........................

Stable duty..................

Athletic exercises...........

School.......................

March (including change of station), maneuver, or detached service.

Forfeiture of 3 days' pay for each day or fraction of a day of the march, maneuver, or detached service not participated in as a result of the unauthorized departure; but not to exceed a forfeiture of two-thirds of his pay per month for two months.

Under 38th Article of War.

Found drunk—

On guard.....................

Confinement at hard labor for 6 months and forfeiture of two-thirds of his pay per month for a like period.

On duty as head cook.........

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Forfeiture of 20 days' pay.

On extra or special duty.....

At formation of company for drill or on drill.

At target practice...........

At formation of company for parade or on parade.

At reveille or retreat roll call.

At inspection and muster.....

At weekly or monthly inspection.

At inspection of guard detail or at guard mounting.

At stable duty...............

On fatigue...................

Under 40th Article of War.

Quitting guard...............

Confinement at hard labor for 6 months, and forfeiture of two-thirds of his pay per month for a like period.

Under 51st Article of War.

Advising or persuading soldier to desert.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 1 year.

Under 60th Article of War.

When the amount involved is $50 or less.

Do.

When the amount involved exceeds $50.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

Under 62d Article of War.

Assault......................

Confinement at hard labor for 3 months and forfeiture of two-thirds of his pay per month for a like period.

Assault and battery..........

Confinement at hard labor for 6 months and forfeiture of two-thirds of his pay per month for a like period.

Assault—

With a dangerous weapon, instrument, or other thing.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 2 years.

With a dangerous weapon, instrument, or other thing, with intent to do bodily harm.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

With intent to commit any felony except murder or rape.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 10 years.

With intent to commit murder or rape.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 20 years.

Breach of arrest............

Confinement at hard labor for 1 month and forfeiture of two-thirds of his pay for a like period.

Burglary....................

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 10 years.

Disobedience of orders involving willful defiance of the authority of a noncommissioned officer in the execution of his office, or of a sentinel in the execution of his duty.

Confinement at hard labor for 1 month and forfeiture of two-thirds of his pay for a like period.

Disrespect to a sentinel....

Confinement at hard labor for 1 month and forfeiture of two-thirds of his pay for a like period.

Drunkenness.................

Forfeiture of 15 days' pay.

False official statement or report knowingly made to superior by—

Noncommissioned officer.....

Confinement at hard labor for 3 months and forfeiture of two-thirds of his pay per month for a like period.

Any other enlisted man......

Confinement at hard labor for 1 month and forfeiture of two-thirds of his pay per month for a like period.

Forgery or uttering forged instrument.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

Fraudulent enlistment—

Procured by false representations or concealment of a fact in regard to a prior enlistment or discharge, or in regard to conviction of a civil or military offense.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 1 year.

Other cases of..............

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 6 months.

Indecent exposure of person, or committing nuisance.

Confinement at hard labor for 3 months and forfeiture of two-thirds of his pay per month for a like period.

Under 62d Article of War—Con.

Introducing intoxicating liquor into post, camp, or quarters—

For personal consumption.....

Forfeiture of 10 days' pay.

For sale.....................

Confinement at hard labor for months and forfeiture of two-thirds of his pay per month for a like period.

Larceny or embezzlement—

When the value of the property stolen or embezzled is $50 or less.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 1 year.

When the value of the property stolen or embezzled exceeds $50.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

Loaning money, either as principal or agent, at usurious rates of interest, to others in the military service.

Forfeiture of two-thirds of his pay per month for 2 months.

Losing or spoiling articles of equipment through neglect—

When the value of the property lost or spoiled is $50 or less.

Confinement at hard labor for 3 months and forfeiture of two-thirds of his pay per month for a like period.

When the value of the property lost or spoiled exceeds $50.

Confinement at hard labor for 6 months and forfeiture of two-thirds of his pay per month for a like period.

Manslaughter—

Involuntary—in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 3 years.

Voluntary—upon a sudden quarrel or heat of passion.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 10 years.

Military prisoner in custody after dishonorable discharge—

Attempting to escape or conspiring with others to escape.

Confinement at hard labor for 6 months.

Effecting escape from sentry or guard or from place of confinement or while on parole.

Confinement at hard labor for 1 year.

Perjury......................

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

Robbery......................

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 10 years.

Under 62d Article of War—Con.

Sentinel or member of guard—

Allowing prisoner under his charge to obtain liquor.

Confinement at hard labor for 2 months and forfeiture of two-thirds of his pay per month for a like period.

Drinking liquor with prisoner.

Confinement at hard labor for 2 months and forfeiture of two-thirds of his pay per month for a like period.

Allowing a prisoner under his charge to escape through neglect.

Confinement at hard labor for 6 months and forfeiture of two-thirds of his pay per month for a like period.

Wilfully allowing a prisoner under his charge to escape.

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 1 year.

Sodomy......................

Dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for 5 years.

Using threatening or insulting language or behaving in an insubordinate manner to a noncommissioned officer in the execution of his office.

Confinement at hard labor for 2 months and forfeiture of two-thirds of his pay per month for a like period. .

Article III.

Section 1. Substitutions for punishments mentioned in Article II of this order are authorized, at the discretion of the court, at the following rate: Forfeiture of one day's pay for confinement at hard labor for one day, or the reverse.

Sec. 2. In lieu of forfeiture of pay the court may, at its discretion, adjudge detention of pay at the rate of detention of one and one-half days' pay for each day of pay the forfeiture of which is authorized; but no sentence shall adjudge the detention of more than two-thirds of the soldier's pay per month for three months.

Sec. 3. In lieu of confinement at hard labor the court may, at its discretion, adjudge hard labor without confinement at the rate of one and one-half days of hard labor without confinement for each day of confinement at hard labor authorized; but no sentence shall adjudge hard labor without confinement for a greater period than three months.

Article IV.

Section 1. Detention or forfeiture of more than two-thirds of his pay for any one month shall not, by a single sentence, be adjudged against a soldier who is retained in the service, except when such retention is under a suspended sentence of dishonorable discharge.

Sec. 2. Upon conviction by a court-martial of any offense for which confinement at hard labor for a period of five days or more may be adjudged, authorized substitutions considered, a noncommissioned officer who is subject to reduction by sentence of court-martial may be sentenced to reduction. A similar rule will apply in respect of first-class privates.

Sec. 3. Neither hard labor without confinement nor confinement at hard labor will be adjudged against a noncommissioned officer unless the sentence includes reduction to the ranks.

Sec. 4. When a soldier shall, upon one arraignment, be convicted of two or more offenses, none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, but the aggregate term of confinement for which, as specified in said article, may exceed six months, dishonorable discharge with forfeiture of all pay and allowances due and to become due may be adjudged in addition to the authorized confinement.

Sec. 5. If, in any case in which the limit of punishment is dishonorable discharge, forfeiture of all pay and allowances due and to become due, and confinement at hard labor for a stated number of months, dishonorable discharge be not adjudged, the limit of forfeiture shall be two-thirds of the soldier's pay per month for a period equal to the prescribed limit of confinement.

Sec. 6. When a soldier is convicted of an offense or offenses for which dishonorable discharge is not authorized he may, nevertheless, upon proof of five previous convictions, be sentenced to be dishonorably discharged with forfeiture of all pay and allowances due and to become due in addition to the confinement at hard labor authorized for the offense or offenses of which he is convicted.

Article V.

Section 1. When a soldier is convicted of an offense the court will receive evidence of previous convictions, if there be any. General and special courts-martial will, after a finding of guilty, be opened for the purpose of ascertaining whether there is such evidence and, if so, of receiving it. Evidence of such previous conviction will be considered by the court in determining the measure of punishment in cases in which discretionary punishment is authorized and by superior authority in determining action upon the sentence and upon requests for clemency.

Sec. 2. The introduction and use of evidence of previous convictions will be limited to that pertaining to previous convictions by court-martial of an offense or offenses committed within one year next preceding the commission of any of the offenses charged and during the current enlistment. These convictions must be proved by the records of previous trials and convictions or by duly authenticated copies of such records or by duly authenticated orders promulgating such trIals and convictions.

Article VI.

Section 1. Hard labor, when imposed as a punishment without confinement, will be adjudged in terms of days or months and shall be performed In addition to other duties normally falling to the soldier. No soldier shall be excused or relieved from any military duty for the purpose of performing hard labor imposed as a punishment without confinement, but a sentence imposing such punishment will be considered as satisfied when the soldier has performed hard labor during available time in addition to performing his military duties.

Sec. 2. Pay detained pursuant to the sentence of a court-martial will be detained by the Government until the soldier is discharged from his current enlistment, at which time the authority for the detention and the amount thereof will be noted on the final statement and the amount detained, if not forfeited, paid to him out of the appropriation for the pay of the Army in force at the time.

Sec. 3. A sentence to be dishonorably discharged and to forfeit all pay and allowances due and to become due operates to forfeit pay detained under a prior sentence. In other cases of sentences to forfeit pay, detained pay will not be forfeited unless the sentence expressly so provides.

Article VII.

Section 1. This order prescribes the maximum limit of punishment for each of the offenses described, and thus indicates an appropriate punishment in cases in which the offense is attended by aggravating circumstances or in which there is evidence of a number of previous convictions. In all other cases the punishment will be graded down according to the circumstances of the case.

Sec. 2. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.

Article VIII.

This order, which will take the place of existing orders establishing limits of punishment, shall become operative in the United States, in Porto Rico, the Canal Zone, and in occupied territory in Mexico, on October 1, 1914, and elsewhere within the jurisdiction of the United States on November 1, 1914.

Woodrow Wilson

The White House,

September 5, 1914.

[2206114, A. G. O.]

Notes

Supersedes:

• Executive Order 980, November 25, 1908;
• Executive Order 1173, March 3, 1910;
• Executive Order 1333, April 14, 1911;

Superseded by:

• Executive Order 2498, December 15, 1916

See Related:

• Executive Order of March 26, 1901;
• Executive Order 330-B, June 12, 1905;
• Executive Order 3367, December 10, 1920;
• Executive Order 4773, November 29, 1927