Executive Order 10020

by President of the United States

By virtue of the authority vested in me by Chapter II of the act of Congress entitled ‘‘An Act to amend an act entitled ‘An Act for making further and more effectual provision for the national defense, and for other purposes,’ approved June 3, 1916, and to establish military justice,’’ approved June 4, 1920 (41 Stat. 787), as amended by Title II of the act entitled ‘‘An Act to provide for the common defense by increasing the strength of the armed forces of the United States, including the reserve components thereof, and for other purposes,’’ approved June 24, 1948 (62 Stat. 627), and as President of the United States, I hereby prescribe the following Manual for Courts-martial to be designated as ‘‘Manual for Courts-Martial, U.S. Army, 1949’’.

This manual shall be in force and effect in the Army of the United States on and after February 1, 1949 with respect to all court-martial processes taken on or after February 1, 1949:

Provided, that nothing contained in this manual shall be construed to invalidate any investigation, trial in which arraignment has been had, or other action begun prior to February 1, 1949; and any such investigation, trial, or action so begun may be completed in accordance with the provisions of the Manual for Courts-Martial, 1928:

Provided further, that nothing contained in this manual shall be construed to make punishable any act done or omitted prior to the effective date of this manual which was not punishable when done or omitted:

And provided further, that the maximum punishment for an offense committed prior to February 1, 1949, shall not exceed the applicable limit in effect at the time of the commission of such offense.

Harry S. Truman

The White House,

December 7, 1948.

Notes

EDITOR's NOTE:

• The 450+ pages that accompanies EO 10020 and makes up most of the MCM of 1949 can be found HERE, (PDF)

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Supersedes:

• Executive Order 4773, November 29, 1927

Amended by:

• Executive Order 10026, January 4, 1949;
• Executive Order 10149, August 8, 1950

Superseded by:

• Executive Order 10214, February 8, 1951