Executive Order 330-B

by President of the United States

The Executive order, dated March 26, 1901, establishing limits of punishment for enlisted men of the Army, under an Act of Congress approved September 27, 1890, and which was published in General Orders, No. 42, Headquarters of the Army, Adjutant General's Office, March 26, 1901, is amended so as to prescribe as follows:

Article I.

In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.

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

Section 1. In case of surrender—

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

Sec. 2. In case of apprehension—

(a)	When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months.
(b)	When he shall have been more than six months in the service, two and one-half years.

Sec. 3. The foregoing limitations are subject to modification under the following conditions:

(a)	The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion.
(b)	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 an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

Article II.

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

Offenses.

Limits of punishment.

Under 17th Article of War.

Selling horse or arms, or both_

Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three years.

Selling accouterments_ _ _ _

Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Selling clothing_ _ _ _ _

Three months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Losing or spoiling horse or arms through neglect.

Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Losing or spoiling accouterments or clothing through neglect.

One month's confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Under 20th Article of War.

Behaving himself with disrespect to his commanding officer

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Under 24th Article of War.

Refusal to obey or using violence to officer or noncommissioned officer while quelling quarrels or disorders.

Dishonorable discharge, with forfeiture of all pay and allowances and confinement at hard labor for two years.

Under 32d Article of War.

Absence without leave—

One hour or less_ _ _ _

Forfeiture of $1; corporal, $2; sergeant, $3; 1st sergeant or noncommissioned officer of higher grade, $4.

For more than one to six hours, inclusive.

Forfeiture of $2; corporal, $3; sergeant, $4; 1st sergeant or noncommissioned officer of higher grade, $5.

For more than six to twelve hours, inclusive.

Forfeiture of $3; corporal, $4: sergeant, $6; 1st sergeant or noncommissioned officer of higher grade, $7.

For more than twelve to twenty-four hours, inclusive.

Forfeiture of $5; corporal, $6: sergeant, $7; 1st sergeant or noncommissioned officer of higher grade, $10.

For more than twenty-four to forty-eight hours, inclusive.

Forfeiture of $5 and five days' confinement at hard labor. For corporal, forfeiture of $8; sergeant, $10; 1st sergeant or noncommissioned officer of higher grade, $12; or, for all noncommissioned officers, reduction.

For more than two to ten days, inclusive.

Forfeiture of $10 and ten days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.

For more than ten to thirty days, inclusive.

Forfeiture of $30 and one month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto.

For more than thirty to ninety days, inclusive.

Dishonorable discharge and forfeiture of all pay and allowances and three months' confinement at hard labor.

For more than ninety days.

Dishonorable discharge and forfeiture of all pay and allowances and nine months' confinement at hard labor.

Under 33d Article of War.

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

For reveille or retreat roll call and 11 p. m. inspection.

Forfeiture of $1; corporal, $2; sergeant, $3; 1st sergeant, $4.

For assembly of guard detail.

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Forfeiture of $5; corporal, $8; sergeant, $10.

For guard mounting (by musician detailed for guard)

For guard mounting (by musician not detailed for guard)

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Forfeiture of $2; corporal, $3; sergeant, $5.

For assembly of fatigue detail.

For parade_ _ _ _ _ _ _ _ _

For inspection and muster, weekly or monthly inspection.

For target practice_ _ _ _ _

For drill_ _ _ _ _ _ _ _ _ _

For stable duty_ _ _ _ _ _

For athletic exercises_ _

For post school_ _ _ _ _ _

Under 38th Article of War.

Found drunk—

On guard_ _ _ _ _ _ _ _ _

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

On duty as head cook _ _

Forfeiture of $20.

On extra or special duty_

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Forfeiture of $12; for noncommissioned officer, reduction and forfeiture of $20.

At formation of company for drill or on drill.

At target practice_ _ _ _ _

At formation of company for dress parade or on dress parade.

At reveille or retreat roll call.

At inspection and muster, weekly or monthly inspection.

At inspection of company guard detail or at guard mounting.

At stable duty_ _ _ _ _ _

On fatigue_ _ _ _ _ _ _ _

Under 40th Article of War.

Quitting guard_ _ _ _ _ _

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Under 51st Article of War.

Persuading soldiers to desert.

Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor.

Under 60th Article of War.

Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.

Under 62d Article of War.

Manslaughter_ _ _ _ _ _ _ _

Dishonorable discharge, forfeiture of all pay and allowances, and ten years' confinement at hard labor.

Assault, with intent to kill _ _

Dishonorable discharge, forfeiture of all pay and allowances, and ten years' confinement at hard labor.

Burglary_ _ _ _ _ _ _ _ _ _ _

Dishonorable discharge, forfeiture of all pay and allowances, and seven years' confinement at hard labor.

Forgery_ _ _ _ _ _ _ _ _ _ _

Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.

Perjury_ _ _ _ _ _ _ _ _ _ _

Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.

False swearing_ _ _ _ _ _ _

Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor.

Robbery _ _ _ _ _ _ _ _ _ _

Dishonorable discharge, forfeiture of all pay and allowances, and seven years' confinement at hard labor.

Larceny or embezzlement of property—

Of the value of more than $100.

Dishonorable discharge, forfeiture of all pay and allowances, and four years' confinement at hard labor.

Of the value of $100 or less and more than $50

Dishonorable discharge, forfeiture of all pay and allowances, and three years' confinement at hard labor.

Of the value of $50 or less and more than $20

Dishonorable discharge, forfeiture of all pay and allowances, and two years' confinement at hard labor.

Of the value of $20 or less.

Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor.

Fraudulent enlistment, procured by false representation or concealment of a fact in regard to a prior enlistment or discharge, or in regard to conviction of a civil or military crime.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for one year.

Fraudulent enlistment, other cases of.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for six months.

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

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

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

Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Absence from fatigue duty_ _ _

Forfeiture of $4; corporal, $5; sergeant, $6.

Absence from extra or special duty.

Forfeiture of $4; corporal, $5; sergeant, $6.

Absence from duty as company, general mess, or hospital head cook.

Forfeiture of $10.

Under 62d Article of War—Continued.

Introducing liquor into post, camp, or quarters in violation of standing orders.

Forfeiture of $3, for noncommissioned officer, reduction and forfeiture of $5.

Drunkenness at post or in quarters.

Forfeiture of $3, for noncommissioned officer, reduction and forfeiture of $5.

Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within ten miles of his station.

Forfeiture of $10 and seven days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12.

Noisy or disorderly conduct in quarters.

Forfeiture of $4; corporal, $7; sergeant, $10.

Drunk and disorderly in post or quarters.

Forfeiture of $7; for noncommissioned officer, reduction and forfeiture of $10.

Abuse by noncommissioned officer of his authority over an inferior.

Reduction, three months' confinement at hard labor, and forfeiture of $10 per month for the same period.

Noncommissioned officer encouraging gambling.

Reduction and forfeiture of $5.

Noncommissioned officer making false report.

Reduction, forfeiture of $8, and ten days' confinement at hard labor.

Sentinel allowing a prisoner under his charge to escape through neglect.

Six months' confinement at hard labor and forfeiture of $10 per month for the same period.

Sentinel willfully suffering prisoner under his charge to escape.

Dishonorable discharge, forfeiture of all pay and allowances, and one year's confinement at hard labor.

Sentinel allowing a prisoner under his charge to obtain liquor.

Two months' confinement at hard labor and forfeiture of $10 per month for the same period.

Sentinel or member of guard drinking liquor with prisoners.

Two months' confinement at hard labor and forfeiture of $10 per month for the same period.

Disrespect or affront to a sentinel.

Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Resisting or disobeying sentinel in lawful execution of his duty.

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Lewd or indecent exposure of person.

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Three months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Committing nuisance in or about quarters.

Breach of arrest in quarters_

One month's confinement at hard labor and forfeiture of $10; for noncommissioned officer, reduction in addition thereto.

Article III.

The introduction and use of evidence of previous convictions is subject to the following regulations:

Section 1. Such evidence shall be limited, except as provided in section 5 of this article, to previous convictions by courts-martial of an offense or offenses within one year preceding the date of commission of any offense 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 copies of the orders promulgating such trials and convictions. Charges forwarded to the authority competent to order a general court-martial, or submitted to a summary, garrison, or regimental court-martial, must be accompanied by the proper evidence of previous convictions.

Sec. 2. Whenever a soldier is convicted of an offense for which a discretionary punishment is authorized, the court will receive evidence of previous convictions (see section 1 of this article), if there be any. General, regimental, and garrison 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.

Sec. 3. Previous convictions in connection with inferior court offenses.—When a soldier is convicted of an offense the punishment for which under Article II of this order or the custom of the service does not exceed three months' confinement at hard labor and forfeiture of three months' pay, the punishment so authorized may, upon proof of previous convictions (see section 1 of this article) be increased one-half for each of such convictions up to the limit of three months' confinement at hard labor and forfeiture of three months' pay, and, for noncommissioned officer or first-class private, reduction in addition thereto. Upon proof of five or more of such convictions, if not less than five of them were followed by sentences, in each case, of not less, substitutions considered (see Article VII), than forfeiture of $10 or confinement at hard labor for 20 days, the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months; but if dishonorable discharge be not adjudged, the limit shall be three months' confinement at hard labor and forfeiture of three months' pay, and, for a noncommissioned officer or first-class private, reduction in addition thereto.

Sec. 4. Previous convictions in connection with general court-martial offenses.—When the conviction is for an offense punishable under Article II of this order or the custom of the service with a greater punishment than three months' confinement at hard labor and forfeiture of three months' pay, such punishment shall not be increased by reason of previous convictions, except as hereinafter specified; but evidence of those described in section 1 of this article will be submitted to the court to aid it to determine upon the proper measure of punishment subject to the limit already authorized. Upon proof of five or more of such convictions, if not less than five of them were followed by sentences, in each case, of not less, substitutions considered (see Article VII), than forfeiture of $10 or confinement at hard labor for 20 days, the court may, if the authorized limit does not include dishonorable discharge, adjudge dishonorable discharge and forfeiture of all pay and allowances with the authorized confinement.

Sec. 5. On a conviction of desertion evidence of convictions of previous desertions may also be introduced, irrespective of the enlistment or of the period which may have elapsed since such conviction or convictions.

Sec. 6. When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, upon proof of one previous conviction within the prescribed period (see section 1 of this article), be sentenced to reduction in addition to the punishment already authorized.

Sec. 7. First-class privates may be reduced to second-class privates in all cases where for like offenses on the part of noncommissioned officers their reduction in grade is now authorized..

Article IV.

When a soldier shall, on 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 pay and allowances may be awarded in addition to the authorized confinement.

Article V.

If, in any case where the limit of punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for a stated number of months, dishonorable discharge be not adjudged, the limit of forfeiture shall be all pay due and to become due during the prescribed limit of confinement.

Article VI.

This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases in which the severest punishment should be awarded. In other cases the punishment should be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.

Article VII.

Substitutions for punishment named in Article II of this order are authorized at the discretion of the courts at the following rates:

Two days' confinement at hard labor for one dollar forfeiture, or the reverse; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for one dollar forfeiture; provided that a noncommissioned officer not sentenced to reduction shall not be subject to confinement; and provided that solitary confinement shall not exceed fourteen days at one time, nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year.

Theodore Roosevelt

The White House,

June 12, 1905.

Notes

Amends:

• Executive Order of March 26, 1901

Amended by:

• Executive Order 980, September 5, 1908

See Related:

• Executive Order 1173, March 3, 1910
• Executive Order 2043, September 5, 1914
• Executive Order 2498, December 15, 1916
• Executive Order 4773, November 29, 1927