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Executive Order 3367

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Executive Order 3366
Executive Order 3367 (1920)
by President of the United States
Prescribing Army Regulations Governing Maximum Limits of Punishment of Soldiers587927
Executive Order 3368
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more info.

See the Notes section for a list of Executive Orders affected by or related to the issuance of this Executive Order.

587927Executive Order 3367 — Prescribing Army Regulations Governing Maximum Limits of Punishment of Soldiers5879271920President of the United States

Under authority of Article of War No. 45, as amended by an Act of Congress approved June 4, 1920 (41 Stat. 759), the following maximum limits of punishment of soldiers are prescribed:


Article I.

[edit]
Art­icle of war. Offenses. Punishments.
Dis­honorable dis­charge, forfeit­ure of all pay and allow­ances due and to become due. Confine­ment at hard labor, not to exceed— For­feiture of two-thirds pay per month, not to ex­ceed— For­feit­ure of pay, not to ex­ceed—
Years. Months. Days. Months. Days.
54
Enlistment, fraudulent:
[I 1]c
Procured by means of willful misrepresentation or concealment of a fact in regard to a prior enlistment or discharge, or in regard to a conviction of a civil or military offense, or in regard to imprisonment under sentence of a court.
 Yes..... ............... 6 ............... ............... ...............
c
Other cases of........................
 Yes ..... ............... 3 ............... ............... ...............
58
Attempting to desert:
After not more than six months in service.
 Yes..... ............... 6 ............... ............... ...............
c
After more than six months in service...
 Yes..... ............... 9 ............... ............... ...............
In the execution of a conspiracy or in the presence of an unlawful assemblage which the troops may be opposing.
 Yes..... 3 ............... ............... ............... ...............
Desertion:
c
Terminated by apprehension—
Not more than 6 months in service at time of desertion.
Yes..... 1 ............... ............... ............... ...............
c
More than 6 months in service at time of desertion.
Yes..... 2 ............... ............... ............... ...............
Terminated by surrender—
c
After absence of not more than 60 days.
 Yes..... ............... 9 ............... ............... ...............
After absence of more than 60 days.
 Yes..... 1 ............... ............... ............... ...............
In the execution of a conspiracy or in the presence of an unlawful assemblage which the troops may be opposing.
 Yes..... 5 ............... ............... ............... ...............
59
Advising another to desert.....
 ............... ............... 6 ............... 6 ...............
Assisting knowingly, or persuading another to desert.
 Yes..... 1 ............... ............... ............... ...............
61
Absence without leave:
From command, quarters, station, or camp—
c
For not more than 60 days, for each day or fraction of a day of absence.
 ............... ............... ............... 3 ............... 2
c
For more than 60 days.......
 Yes..... ............... 6 ............... ............... ...............
From guard—
For not more than 1 hour.......
 ............... ............... ............... ............... ............... 15
For more than 1 hour..........
 ............... ............... 3 ............... 3 ...............
Failing to repair at the fixed time to the properly appointed place of assembly for, or place for:
Athletic exercise.....
...............
............... ............... ............... ............... 3
Drill....................
Fatigue....................
Field exercise........
Gallery practice.....
Guard mounting...
Horse exercise.....
Inspection........
Instruction......
Muster...........
Parade.........
Prison guard.....
Review.........
School.........
Stable duty.....
Target practice.....
March..............
 ............... ............... 2 ............... 2 ...............
Reveille or retreat roll call.
 ............... ............... ............... ............... ............... 1
Leaving without permission the properly appointed place of assembly for, or place for:
Athletic exercise.....
...............
............... ............... ............... ............... 5
Drill....................
Fatigue....................
Field exercise........
Gallery practice.....
Guard mounting...
Horse exercise.....
Inspection........
Instruction......
Muster...........
Parade.........
Prison guard.....
Review.........
School.........
Stable duty.....
Target practice.....
Reveille or retreat roll call.
 ............... ............... ............... ............... ............... 2
62
Using contemptuous or disrespectful words against the President, Vice President, etc.
 Yes..... 1 ............... ............... ............... ...............
63
Behaving with disrespect toward his superior officer.
 ............... ............... 6 ............... 6 ...............
65
Attempting to strike or attempting otherwise to assault a noncommissioned officer in the execution of his office.
 ............... ............... 6 ............... 6 ...............
Behaving in an insubordinate or disrespectful manner toward a noncommissioned officer in the execution of his office.
 ............... ............... 2 ............... 2 ...............
Disobedience, willful, of the lawful order of a noncommissioned officer in the execution of his office.
 ............... ............... 6 ............... 6 ...............
Striking or otherwise assaulting a noncommissioned officer in the execution of his office.
 Yes..... 1 ............... ............... ............... ...............
Threatening to strike or otherwise assault, or using other threatening language toward a noncommissioned officer in the execution of his office.
 ............... ............... 4 ............... 4 ...............
Using insulting language toward a noncommissioned officer in the execution of his office.
 ............... ............... 2 ............... 2 ...............
68
c
Drawing a weapon upon a nurse, band leader, warrant officer, field clerk, or a noncommissioned officer quelling a quarrel, fray, or disorder.
 Yes..... 3 ............... ............... ............... ...............
c
Refusing to obey a nurse, band leader, warrant officer, field clerk, or a noncommissioned officer quelling a quarrel, fray, or disorder.
 Yes..... 1 ............... ............... ............... ...............
c
Threatening a nurse, band leader, warrant officer, field clerk, or a noncommissioned officer quelling a quarrel, fray, or disorder.
 ............... ............... 6 ............... 6 ...............
69
Breach of arrest.
 ............... ............... 1 ............... 1 ...............
Escaping from confinement.
 Yes..... 1 ............... ............... ............... ...............
73
Releasing, without proper authority, a prisoner committed to his charge.
 Yes..... 1 ............... ............... ............... ...............
Suffering a prisoner committed to his charge to escape:
Through design........
 Yes..... 1 ............... ............... ............... ...............
Through neglect.......
 ............... ............... 6 ............... 6 ...............
83
Suffering, through neglect, military property to be damaged, lost, spoiled, or wrongfully disposed of:
Of a value of $20 or less.
 ............... ............... 3 ............... 3 ...............
Of a value of $50 or less and more than $20.
 ............... ............... 6 ............... 6 ...............
Of a value of more than $50...
 Yes..... 1 ............... ............... ............... ...............
Suffering, willfully, military property to be damaged, lost, spoiled, or wrongfully disposed of:
Of a value of $20 or less.
 ............... ............... 6 ............... 6 ...............
Of a value of $50 or less and more than $20.
 Yes..... ............... 6 ............... ............... ...............
Of a value of more than $50...
 Yes..... 2 ............... ............... ............... ...............
84
Injuring or losing, through neglect, horse, arms, ammunition, accouterments, equipment, clothing, or other property issued for use in the military service, or items belonging to two or more of said classes:
Of a value of $20 or less.
 ............... ............... 3 ............... 3 ...............
Of a value of $50 or less and more than $20.
 ............... ............... 6 ............... 6 ...............
Of a value of more than $50...
 Yes..... 1 ............... ............... ............... ...............
Injuring or losing, willfully, horse, arms, ammunition, accouterments, equipment, clothing, or other property issued for use in the military service, or items belonging to two or more of said classes:
Of a value of $20 or less.
 ............... ............... 6 ............... 6 ...............
Of a value of $50 or less and more than $20.
 Yes..... ............... 6 ............... ............... ...............
Of a value of more than $50...
 Yes..... 2 ............... ............... ............... ...............
Selling or otherwise wrongfully disposing of horse, arms, ammunition, accouterments, equipment, clothing, or other property issued for use in the military service, or items belonging to two or more of said classes:
Of a value of $20 or less.
 Yes..... ............... 6 ............... ............... ...............
Of a value of $50 or less and more than $20.
 Yes..... 1 ............... ............... ............... ...............
Of a value of more than $50...
 Yes..... 5 ............... ............... ............... ...............
85
Found drunk:
At formation for or at—
Athletic exercise.....
...............
............... ............... ............... ............... 20
Drill....................
Fatigue....................
Field exercise........
Gallery practice.....
Guard mounting...
Horse exercise.....
Inspection........
Instruction......
Muster...........
Parade.........
Prison guard.....
Review.........
School.........
Stable duty.....
Target practice.....
Reveille or retreat roll call.
 ............... ............... ............... ............... ............... 5
On guard...........
 ............... ............... 6 ............... 6 ...............
On duty as—
Barrack orderly.....
...............
............... ............... ............... ............... 20
Company clerk........
Cook......................
Dining room orderly.
Farrier........
Horseshoer......
Kitchen police....
Mechanic........
Mess sergeant......
Noncommissioned officer in charge of quarters.
Saddler.........
Stable sergeant.....
Supply sergeant.....
Wagoner..........
86c
Found sleeping or drunk on post, sentinel.
 Yes..... ............... 6 ............... ............... ...............
Leaving post before regularly relieved from, sentinel.
 Yes..... 1 ............... ............... ............... ...............
90
Using a provoking or reproachful speech or gesture to another...
 ............... ............... 3 ............... 3 ...............
93
Arson....................
 Yes..... 20 ............... ............... ............... ...............
c
Assault:
c
With intent to do bodily harm....
 Yes..... 1 ............... ............... ............... ...............
With intent to do bodily harm with a dangerous weapon, instrument, or other thing.
 Yes..... 5 ............... ............... ............... ...............
With intent to commit any felony except murder or rape.
 Yes..... 10 ............... ............... ............... ...............
With intent to commit murder or rape.
 Yes..... 20 ............... ............... ............... ...............
Burglary.....................
 Yes..... 10 ............... ............... ............... ...............
Embezzlement or larceny:
Of property of a value of $20 or less...
 Yes..... ............... 6 ............... ............... ...............
Of property of a value of $50 or less, and more than $20.
 Yes..... 1 ............... ............... ............... ...............
Of property of a value of more than $50.
 Yes..... 5 ............... ............... ............... ...............
Forgery................
 Yes..... 5 ............... ............... ............... ...............
Housebreaking...........
 Yes..... 10 ............... ............... ............... ...............
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 or circumspection.
 Yes..... 3 ............... ............... ............... ...............
Voluntary, upon a sudden quarrel or heat of passion.
 Yes..... 10 ............... ............... ............... ...............
Perjury....................
 Yes..... 5 ............... ............... ............... ...............
Robbery..................
 Yes..... 10 ............... ............... ............... ...............
Sodomy..................
 Yes..... 5 ............... ............... ............... ...............
94
Forging or counterfeiting a signature, making a false oath, and offenses related to either of these.
 Yes..... 5 ............... ............... ............... ...............
Other cases:
c
When the amount involved is $20 or less.
 Yes..... ............... 6 ............... ............... ...............
c
When the amount involved is $50 or less, and more than $20.
 Yes..... 1 ............... ............... ............... ...............
When the amount involved is more than $50.
 Yes..... 5 ............... ............... ............... ...............
96
Abandoning guard, by member thereof.
 ............... ............... 6 ............... 6 ...............
Abusing a public animal.
 ............... ............... 3 ............... 3 ...............
Allowing a prisoner to receive or obtain intoxicating liquor.
 ............... ............... 3 ............... 3 ...............
Appearing in civilian clothing without authority.
 ............... ............... ............... ............... ............... 10
Appearing in unclean uniform, or not in prescribed uniform, or in uniform worn otherwise than in manner prescribed.
 ............... ............... 1 ............... 1 ...............
Assault..................
 ............... ............... 3 ............... 3 ...............
Assault and battery.......
 ............... ............... 6 ............... 6 ...............
Attempting to escape from confinement.
 Yes..... ............... 6 ............... ............... ...............
Attempting to strike or attempting otherwise to assault a sentinel in the execution of his duty.
 ............... ............... 6 ............... 6 ...............
Behaving in an insubordinate or disrespectful manner toward a sentinel in the execution of his duty.
 ............... ............... 1 ............... 1 ...............
Breach of restriction (other than quarantine) to command, quarters, station, or camp.
 ............... ............... 1 ............... 1 ...............
Carrying a concealed weapon.
 ............... ............... 3 ............... 3 ...............
Committing a nuisance.
 ............... ............... 3 ............... 3 ...............
Concealing, destroying, mutilating, obliterating, or removing willfully and unlawfully a public record, or taking and carrying away a public record with intent to conceal, destroy, mutilate, obliterate, remove, or steal the same.
 Yes..... 3 ............... ............... ............... ...............
Conspiring to escape from confinement.
 Yes..... ............... 6 ............... ............... ...............
Destroying, willfully, public property:
Of a value of $20 or less...
 Yes..... ............... 6 ............... ............... ...............
Of a value of $50 or less, and more than $20.
 Yes..... 1 ............... ............... ............... ...............
Of a value of more than $50.
 Yes..... 5 ............... ............... ............... ...............
Discharging, through carelessness, a firearm.
 ............... ............... 3 ............... 3 ...............
Disobedience, willful, of the lawful order of a sentinel in the execution of his duty.
 Yes..... 1 ............... ............... ............... ...............
Disorderly in command, quarters, station, or camp.
 ............... ............... 1 ............... 1 ...............
Disorderly under such circumstances as to bring discredit upon the military service.
 ............... ............... 4 ............... 4 ...............
Drinking liquor with prisoner.....
 ............... ............... 2 ............... 2 ...............
Drunk and disorderly in command, quarters, station, or camp.
 ............... ............... 3 ............... 3 ...............
Drunk and disorderly under such circumstances as to bring discredit upon the military service.
 ............... ............... 6 ............... 6 ...............
Drunk in command, quarters, station or camp.
 ............... ............... ............... ............... ............... 15
Drunk under such circumstances as to bring discredit upon the military service.
 ............... ............... 3 ............... 3 ...............
Drunk, prisoner found..............
 ............... ............... 3 ............... 3 ...............
Failing to obey a lawful order:
c
Of a superior officer.......
 Yes..... ............... 6 ............... ............... ...............
c
Of a noncommissioned officer.
 ............... ............... 3 ............... 3 ...............
c
Of a sentinel.........
 ............... ............... 2 ............... 3 ...............
Failing to pay a just debt under such circumstances as to bring discredit upon the military service.
 Yes..... ............... 6 ............... ............... ...............
False official report or statement knowingly made:
By a noncommissioned officer.
 ............... ............... 3 ............... 3 ...............
By any other soldier.
 ............... ............... 1 ............... 1 ...............
False swearing.......
 Yes..... 3 ............... ............... ............... ...............
Gambling:
By a noncommissioned officer with a person of lower military rank or grade.
 ............... ............... ............... ............... 3 ...............
In command, quarters, station, or camp in violation of orders.
 ............... ............... 2 ............... 2 ...............
Indecent exposure of person.
 ............... ............... 3 ............... 3 ...............
Introducing a habit-forming narcotic drug into command, quarters, station, or camp:
For sale...........
 Yes..... 2 ............... ............... ............... ...............
All other cases.......
 Yes..... 1 ............... ............... ............... ...............
Introducing intoxicating liquor into command, quarters, station or camp:
For sale...........
 ............... ............... 6 ............... 6 ...............
All other cases.......
 ............... ............... 3 ............... 3 ...............
Loaning money, either as principal or agent, at an usurious rate of interest to another in the military service.
 ............... ............... ............... ............... 3 ...............
Loitering or sitting down on duty by sentinel.
 ............... ............... 1 ............... 1 ...............
Obtaining money or other property under false pretenses:
When the amount obtained is $20 or less.
 Yes..... ............... 6 ............... ............... ...............
When the amount obtained is $50 or less and more than $20.
 Yes..... 1 ............... ............... ............... ...............
c
When the amount obtained is more than $50.
 Yes..... 3 ............... ............... ............... ...............
Refusing to submit to medical or dental treatment.
 Yes..... ............... 6 ............... ............... ...............
Refusing to submit to a surgical operation.
 Yes..... 1 ............... ............... ............... ...............
Unnatural crimes.......
 Yes..... 5 ............... ............... ............... ...............
Straggling.........
 ............... ............... 3 ............... 3 ...............
Striking or otherwise assaulting a sentinel in the execution of his duty.
 Yes..... 1 ............... ............... ............... ...............
Subornation of perjury.......
 Yes..... 5 ............... ............... ............... ...............
Threatening to strike or otherwise assault or using other threatening language toward a sentinel in the execution of his duty.
 ............... ............... 4 ............... 4 ...............
Unclean accouterment, arm, clothing, equipment, or other military property, found with.
 ............... ............... 1 ............... 1 ...............
Using insulting language toward a sentinel in the execution of his duty.
 ............... ............... 3 ............... 3 ...............
Violation of condition of parole by general prisoner.
 ............... ............... 3 ............... ............... ...............
  1. ↑ The letter "c" in the margin indicates that the former limit of punishment is changed by this order.


Article II.

[edit]

EQUIVALENTS.


Section 1. Subject to the limitations set forth elsewhere in this order, substitutions for punishments specified in Article I thereof are authorized at the discretion of the court, at the rates indicated in the following table of equivalents:


Forfeiture. Confinement at hard labor. Detention. Hard labor without confinement.
1 day's pay. 1 day. 1½ days' pay. 1½ days.


Article III.

[edit]

GENERAL LIMITATIONS.


Section 1. A court shall not, by a single sentence which does not include dishonorable discharge, adjudge against a soldier:

(a) Forfeiture of pay at a rate greater than two-thirds of his pay per month.
(b) Forfeiture of pay in an amount greater than two-thirds of his pay for six months.
(c) Confinement at hard labor for a period greater than six months.


Sec. 2. A court shall not, by a single sentence, adjudge against a soldier:

(a) Detention of pay at a rate greater than two-thirds of hIs pay per month.
(b) Detention of pay in an amount greater than two-thirds of his pay for three months.
(c) Hard labor without confinement for a period greater than three months.


Article IV.

[edit]

NONCOMMISSIONED OFFICERS.


Section 1. No court shall adjudge confinement at hard labor or hard labor without confinement against a noncommissioned officer unless in the same sentence reduction to the grade of private shall also be adjudged.


Sec. 2. Upon the conviction of a noncommissioned officer or a private first class, of an offense or offenses for which confinement at hard labor for a period of more than five days, authorized substitutions considered, may be adjudged the court may, in addition to the punishments otherwise authorized, adjudge reduction to the grade of private.


Article V.

[edit]

PREVIOUS CONVICTIONS.


Section 1. A general or special court shall, upon conviction of the accused, be opened and shall thereupon ascertain whether there is evidence of a previous convictIon or convictions, which has been referred to the court by the convening authority, and, if there be such evidence, shall receive it.


Sec. 2. A court may, under the authority contained in section 1 of this article, receive evidence, in the cases of officers, warrant officers, members of the Army Nurse Corps, and field clerks, only of convictions by court-martial of an offense or offenses committed by the accused during his status as such officer, warrant officer, member of the Army Nurse Corps, or field clerks, and within three years next preceding the commission by him of an offense of which he stands convIcted before the court. In the case of soldiers it will be limited to that pertaining to convictions by courts-martial of an offense or offenses committed during his current enlistment and within one year next preceding the commission by him of an offense of which he stands convicted before the court. These convictions may be proved only by the records of the trials in which they were had, or by duly authenticated copies of such records, or by duly authenticated copies of orders promulgating such convictions.


Article VI.

[edit]

DISHONORABLE DISCHARGE.


Section 1. A court may, upon his conviction of an offense or offenses for none of which dishonorable discharge and forfeiture of all pay and allowances due and to become due is, in Article I of this order or by the custom of the service, authorized, upon proof of five or more previous convictions, adjudge against a soldier, in addition to the confinement at hard labor without substitution authorized in said article or by the custom of the service for the offense or offenses of which he is convicted, dishonorable discharge and forfeiture of all pay and allowances due and to become due, and, in any such case in which such confinement so authorized is less than three months, a court may adjudge, in addition to such discharge and forfeiture, confinement at hard labor for three months.


Sec. 2. A court may, upon his conviction upon one arraignment of two or more offenses for none of which dishonorable discharge, confinement at hard labor and forfeiture of all pay and allowances due and to become due is in Article I of this order or by the custom of the service authorized, but the aggregate term of confinement at hard labor for which, as authorized in said article or by the custom of the service, without substitution, equals or exceeds six months, adjudge against a soldier, in addition to the confinement at hard labor, without substitution, authorized in said article or by the custom of the service for the offense or offenses of which he is convicted, dishonorable discharge and forfeiture of all pay and allowances due and to become due.


Article VII.

[edit]

EFFECT AND APPLICATION OF THIS ORDER.


Section 1. This order prescribes the maximum limit of punishment for each of the offenses therein specified, and thus indlcates an appropriate punishment for an offense which is attended by aggravating circumstances. Evidence of previous convictions admitted under Article V of this order may always be considered in determining the proper measure of punishment; but evidence of previous convictions of offenses materially less grave than the offense or offenses for which sentence is to be adjudged is not to be regarded as in itself justifying a sentence of maximum severity. In every case in which the prescribed or customary maximum penalty exceeds confinement at hard labor or forfeiture of pay for 10 days and in which the offense is not attended by aggravating circumstances the punishment will be graded down according to the circumstances of the offense; and if for any reason the court-martial fails so to grade down the punishment, it will be the duty of the reviewing authority to do so.


Sec. 2. Offenses not herein provided for remain punishable as authorized by statute or the custom of the service; but, in cases for which maximum punishments are not prescribed, courts will be guided by the limits of punishment prescribed for closely related offenses.


Sec. 3. Dishonorable discharge, in itself a severe punishment, should be adjudged and approved only when it is clear that the accused should be separated from the service or that he should be required to undergo a period of reformatory discipline before he can again be permitted to serve in an organization composed of honorable men. When the accused is relatively young and his record, except for the offense of which he stands convicted, is good, the reviewing authority should, in the exercise of his sound discretion, suspend the execution of the dishonorable discharge, to the end that the offender may have an opportunity to redeem himself in the military service; but he should not suspend the execution of the dishonorable discharge in any case of conviction of an offense involving that degree of moral turpitude which disqualifies for further military service.


Sec. 4. The reviewing authority should suspend the whole of a sentence when it appears to him that such action will promote the discipline of his command.


Article VIII.

[edit]

ADMINISTRATIVE RULES.


Section 1. Hard labor without confinement, when imposed as a punishment, shall be performed in addition to other duties which fall to the soldier, and no soldier shall be excused or relieved from any military duty for the purpose of performing hard labor without confinement which has been imposed as a punishment, but a sentence imposing such punishment shall be considered as satisfied when the soldier shall have 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 the service or mustered out of active Federal service.


Article IX.

[edit]

DATE ON WHICH OPERATIVE.


This order shall become operative on February 4, 1921, as to offenses committed on and after that date and as to criminal acts committed prior to that date whose maximum punishment was not prescribed in the Executive order of December 15, 1916. The Executive order of December 15, 1916, published in the Manual for Courts­ Martial, 1917, prescribing limits of punishment, shall remain operative as to offenses committed before February 4, 1921, except as to criminal acts whose maximum punishment has been decreased by this order, which will not be followed by severer punishment than is hereinbefore prescribed.


Signature of Woodrow Wilson
Woodrow Wilson
The White House,
December 10, 1920.

Notes

[edit]
Amends:
Amended by:
See Related:


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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