2008 edition - Fort Sam Houston - U.S. Army

24.f.(1)
of , (to give up to the enemy) (to abandon)
said , by .
(2) Striking the colors or flag.
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 , without proper authority,
offer to surrender to the enemy by (striking the
(colors)(flag)) ( ).
25. Article 101—Improper use of countersign
a. Text of statute.
Any person subject to this chapter who in time
of war discloses the parole or countersign to any
person not entitled to receive it or who gives to
another who is entitled to receive and use the
parole or countersign a different parole or countersign
from that which, to his knowledge, he was
authorized and required to give, shall be punished
by death or such other punishment as a
court-martial may direct.
b. Elements.
(1) Disclosing the parole or countersign to one
not entitled to receive it.
(a) That, in time of war, the accused disclosed
the parole or countersign to a person, identified or
unidentified; and
(b) That this person was not entitled to receive
it.
(2) Giving a parole or countersign different from
that authorized.
(a) That, in time of war, the accused knew that
the accused was authorized and required to give a
certain parole or countersign; and
(b) That the accused gave to a person entitled
to receive and use this parole or countersign a different
parole or countersign from that which the accused
was authorized and required to give.
c. Explanation.
(1) Countersign. A countersign is a word, signal,
or procedure given from the principal headquarters
of a command to aid guards and sentinels in their
scrutiny of persons who apply to pass the lines. It
consists of a secret challenge and a password, signal,
or procedure.
(2) Parole. A parole is a word used as a check on
the countersign; it is given only to those who are
entitled to inspect guards and to commanders of
guards.
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(3) Who may receive countersign. The class of
persons entitled to receive the countersign or parole
will expand and contract under the varying circumstances
of war. Who these persons are will be determined
largely, in any particular case, by the general
or special orders under which the accused was acting.
Before disclosing such a word, a person subject
to military law must determine at that person’s peril
that the recipient is a person authorized to receive it.
(4) Intent, motive, negligence, mistake, ignorance
not defense. The accused’s intent or motive in disclosing
the countersign or parole is immaterial to the
issue of guilt, as is the fact that the disclosure was
negligent or inadvertent. It is no defense that the
accused did not know that the person to whom the
countersign or parole was given was not entitled to
receive it.
(5) How accused received countersign or parole.
It is immaterial whether the accused had received
the countersign or parole in the regular course of
duty or whether it was obtained in some other way.
(6) In time of war. See R.C.M. 103(19).
d. Lesser included offense. Article 80—attempts
e. Maximum punishment. Death or such other punishment
as a court-martial may direct.
f. Sample specifications.
(1) Disclosing the parole or countersign to one
not entitled to receive it.
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 , a time of war, disclose
t h e ( p a r o l e ) ( c o u n t e r s i g n ) , t o w i t : ,
to , a person who was not entitled to
receive it.
(2) Giving a parole or countersign different from
that authorized.
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 , a time of war, give
to , a person entitled to receive and use
the (parole)(countersign), a (parole) (countersign),
namely: which was different from that
which, to his/her knowledge, he/she was authorized
and required to give, to wit: .
26. Article 102—Forcing a safeguard
a. Text of statute.
Any person subject to this chapter who forces
a safeguard shall suffer death or such other pun-