2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
23.d.(6)(b) (b) Article 80—attempts (7) Causing false alarms. Article 80—attempts (8) Willfully failing to do utmost to encounter enemy. Article 80—attempts (9) Failing to afford relief and assistance. Article 80—attempts e. Maximum punishment. All offenses under Article 99. Death or such other punishment as a court-martial may direct. f. Sample specifications. (1) Running away. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in the presence of) the enemy, run away (from his/her company) (and hide) ( ), (and did not return u n t i l a f t e r t h e e n g a g e m e n t h a d b e e n c o n c l u d e d ) ( ). ( 2 ) S h a m e f u l l y a b a n d o n i n g , s u r r e n d e r i n g , o r delivering up command. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in the presence of) the enemy, shamefully (abandon) (surrender) (deliver up) duty to defend. , which it was his/her ( 3 ) E n d a n g e r i n g s a f e t y o f a c o m m a n d , u n i t , place, ship, or military property. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in t h e p r e s e n c e o f ) t h e e n e m y , e n d a n g e r t h e s a f e t y of , which it was his/her duty to defend, by (disobeying an order from to engage the enemy)(neglecting his/her duty as a sentinel by engaging in a card game while on his/her post) (intentional misconduct in that he/she became drunk and fired flares, thus revealing the location of his/her unit) ( ). (4) Casting away arms or ammunition. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in the presence of) the enemy, cast away his/her (rifle) (ammunition) ( (5) Cowardly conduct. ). In that (personal jurisdiction data), ( a t / o n b o a r d — l o c a t i o n ) , o n o r about IV-36 20 , (before) (in the presence of) the enemy, was guilty of cowardly conduct as a result of fear, in that . (6) Quitting place of duty to plunder or pillage. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in the presence of) the enemy, quit his/her place of d u t y f o r t h e p u r p o s e o f ( p l u n d e r i n g ) ( p i l l a g i n g ) (plundering and pillaging). (7) Causing false alarms. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in the prese n c e o f ) t h e e n e m y , c a u s e a f a l s e a l a r m i n ( F o r t ) ( t h e s a i d s h i p ) ( t h e c a m p ) ( ) by (needlessly and without authority (causing the call to arms to be sounded) (sounding the general alarm)) ( ). (8) Willfully failing to do utmost to encounter enemy. In that (personal jurisdiction data), being (before) (in the presence of) the enemy, did, ( a t / o n b o a r d — l o c a t i o n ) , o n o r a b o u t 2 0 , b y , ( o r d e r i n g h i s / h e r troops to halt their advance) ( ), willfully fail to do his/her utmost to (encounter) (engage) (capture) (destroy), as it was his/her duty to do, (certain enemy troops which were in retreat) ( ). (9) Failing to afford relief and assistance. In that (personal jurisdiction data), d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r about 20 , (before) (in the presence of) the enemy, fail to afford all practicable relief and assistance to (the USS , which was engaged in battle and had run aground, in that he/she failed to take her in tow) (certain troops o f t h e g r o u n d f o r c e s o f , w h i c h were engaged in battle and were pinned down by enemy fire, in that he/she failed to furnish air cover) ( ) as he/she properly should have done. 24. Article 100—Subordinate compelling surrender a. Text of statute. Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces,
to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct. b. Elements. (1) Compelling surrender. (a) That a certain person was in command of a certain place, vessel, aircraft, or other military property or of a body of members of the armed forces; (b) That the accused did an overt act which was intended to and did compel that commander to give it up to the enemy or abandon it; and (c) That the place, vessel, aircraft, or other military property or body of members of the armed f o r c e s w a s a c t u a l l y g i v e n u p t o t h e e n e m y o r abandoned. (2) Attempting to compel surrender. (a) That a certain person was in command of a certain place, vessel, aircraft, or other military property or of a body of members of the armed forces; (b) That the accused did a certain overt act; (c) That the act was done with the intent to compel that commander to give up to the enemy or abandon the place, vessel, aircraft, or other military property or body of members of the armed forces; (d) That the act amounted to more than mere preparation; and ( e ) T h a t t h e a c t a p p a r e n t l y t e n d e d t o b r i n g about the compelling of surrender or abandonment. (3) Striking the colors or flag. (a) That there was an offer of surrender to an enemy; (b) That this offer was made by striking the colors or flag to the enemy or in some other manner; (c) That the accused made or was responsible for the offer; and (d) That the accused did not have proper authority to make the offer. c. Explanation. (1) Compelling surrender. (a) Nature of offense. The offenses under this article are similar to mutiny or attempted mutiny designed to bring about surrender or abandonment. Unlike some cases of mutiny, however, concert of action is not an essential element of the offenses under this article. The offense is not complete until 24.f.(1) the place, military property, or command is actually abandoned or given up to the enemy. (b) Surrender. “Surrender” and “to give it up to an enemy” are synonymous. (c) Acts required. The surrender or abandonment must be compelled or attempted to be compelled by acts rather than words. (2) Attempting to compel surrender. The offense of attempting to compel a surrender or abandonment does not require actual abandonment or surrender, but there must be some act done with this purpose in view, even if it does not accomplish the purpose. (3) Striking the colors or flag. (a) In general. To “strike the colors or flag” is to haul down the colors or flag in the face of the enemy or to make any other offer of surrender. It is traditional wording for an act of surrender. (b) Nature of offense. The offense is committed when one assumes the authority to surrender a military force or position when not authorized to do so either by competent authority or by the necessities of battle. If continued battle has become fruitless and it is impossible to communicate with higher authority, those facts will constitute proper authority to surrender. The offense may be committed whenever there is sufficient contact with the enemy to give the opportunity of making an offer of surrender and it is not necessary that an engagement with the enemy be in progress. It is unnecessary to prove that the offer was received by the enemy or that it was rejected or accepted. The sending of an emissary charged with making the offer or surrender is an act sufficient to prove the offer, even though the emissary does not reach the enemy. (4) Enemy. For a discussion of “enemy,” see paragraph 23c(1)(b). d. Lesser included offense. Striking the colors or flag. Article 80— attempts e. Maximum punishment. All offenses under Article 100. Death or such other punishment as a courtmartial may direct. f. Sample specifications. (1) Compelling surrender or attempting to compel surrender. In that (personal jurisdiction data), d i d , ( a t / o n — b o a r d l o c a t i o n ) , o n o r about 20 , (attempt to) c o m p e l , t h e c o m m a n d e r IV-37
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23.d.(6)(b)<br />
(b) Article 80—attempts<br />
(7) Causing false alarms. Article 80—attempts<br />
(8) Willfully failing to do utmost to encounter enemy.<br />
Article 80—attempts<br />
(9) Failing to afford relief and assistance. Article<br />
80—attempts<br />
e. Maximum punishment. All offenses under Article<br />
99. Death or such other punishment as a court-martial<br />
may direct.<br />
f. <strong>Sam</strong>ple specifications.<br />
(1) Running away.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in the presence<br />
of) the enemy, run away (from his/her company)<br />
(and hide) ( ), (and did not return<br />
u n t i l a f t e r t h e e n g a g e m e n t h a d b e e n c o n c l u d e d )<br />
( ).<br />
( 2 ) S h a m e f u l l y a b a n d o n i n g , s u r r e n d e r i n g , o r<br />
delivering up command.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in the presence<br />
of) the enemy, shamefully (abandon) (surrender)<br />
(deliver up)<br />
duty to defend.<br />
, which it was his/her<br />
( 3 ) E n d a n g e r i n g s a f e t y o f a c o m m a n d , u n i t ,<br />
place, ship, or military property.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in<br />
t h e p r e s e n c e o f ) t h e e n e m y , e n d a n g e r t h e s a f e t y<br />
of , which it was his/her duty to defend,<br />
by (disobeying an order from to engage<br />
the enemy)(neglecting his/her duty as a sentinel<br />
by engaging in a card game while on his/her post)<br />
(intentional misconduct in that he/she became drunk<br />
and fired flares, thus revealing the location of his/her<br />
unit) ( ).<br />
(4) Casting away arms or ammunition.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in<br />
the presence of) the enemy, cast away his/her (rifle)<br />
(ammunition) (<br />
(5) Cowardly conduct.<br />
).<br />
In that (personal jurisdiction data),<br />
( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about<br />
IV-36<br />
20 , (before) (in<br />
the presence of) the enemy, was guilty of cowardly<br />
conduct as a result of fear, in that .<br />
(6) Quitting place of duty to plunder or pillage.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in<br />
the presence of) the enemy, quit his/her place of<br />
d u t y f o r t h e p u r p o s e o f ( p l u n d e r i n g ) ( p i l l a g i n g )<br />
(plundering and pillaging).<br />
(7) Causing false alarms.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in the prese<br />
n c e o f ) t h e e n e m y , c a u s e a f a l s e a l a r m i n<br />
( F o r t ) ( t h e s a i d s h i p ) ( t h e c a m p )<br />
( ) by (needlessly and without authority<br />
(causing the call to arms to be sounded) (sounding<br />
the general alarm)) ( ).<br />
(8) Willfully failing to do utmost to encounter enemy.<br />
In that (personal jurisdiction data),<br />
being (before) (in the presence of) the enemy, did,<br />
( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
a b o u t 2 0 , b y , ( o r d e r i n g h i s / h e r<br />
troops to halt their advance)<br />
( ), willfully fail to do his/her utmost to<br />
(encounter) (engage) (capture) (destroy), as it was<br />
his/her duty to do, (certain enemy troops which were<br />
in retreat) ( ).<br />
(9) Failing to afford relief and assistance.<br />
In that (personal jurisdiction data),<br />
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r<br />
about 20 , (before) (in<br />
the presence of) the enemy, fail to afford all practicable<br />
relief and assistance to (the USS ,<br />
which was engaged in battle and had run aground, in<br />
that he/she failed to take her in tow) (certain troops<br />
o f t h e g r o u n d f o r c e s o f , w h i c h<br />
were engaged in battle and were pinned down by<br />
enemy fire, in that he/she failed to furnish air cover)<br />
( ) as he/she properly should have done.<br />
24. Article 100—Subordinate compelling<br />
surrender<br />
a. Text of statute.<br />
Any person subject to this chapter who compels<br />
or attempts to compel the commander of any<br />
place, vessel, aircraft, or other military property,<br />
or of any body of members of the armed forces,