Sec. 52.That all laws and parts of laws in so far as they are inconsistent with this Act are hereby repealed.
Chapter II.
Articles of War.The articles included in this section shall be known as the Articles of War and shall at all times and in all places govern the armies of the United States.
I.Preliminary Provisions.
Article 1.Definitions.—The following words when used in these articles shall be construed in the sense indicated in this article, unless the context shows that a different sense is intended, namely:
| (a) | The word ‘‘officer’’ shall be construed to refer to a commissioned officer; |
| (b) | The word ‘‘soldier’’ shall be construed as including a noncommissioned officer, a private, or any other enlisted man; |
| (c) | The word ‘‘company’’ shall be understood as including a troop or battery; and |
| (d) | The word ‘‘battalion’’ shall be understood as including squadron. |
Art. 2.Persons subject to military law.—The following persons are subject to these articles and shall be understood as included in the term ‘‘any person subject to military law,’’ or ‘‘persons subject to military law,’’ whenever used in these articles: Provided, That nothing contained in this Act, except as specifically provided in Article 2, subparagraph (c), shall be construed to apply to any person under the United States naval jurisdiction unless otherwise specifically provided by law.
| (a) | All officers, members of the Army Nurse Corps, warrant officers, Army field clerks, field clerks Quartermaster Corps, and soldiers belonging to the Regular Army of the United States; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted, or ordered into, or to duty or for training in, the said service, from the dates they are required by the terms of the call, draft or order to obey the same; |
| (b) | Cadets; |
| (c) | Officers and soldiers of the Marine Corps when detached for service with the armies of the United States by order of the President: Provided, That an officer or soldier of the Marine Corps when so detached may be tried by military court-martial for an offense committed against the laws for the government of the naval service prior to his detachment, and for an offense committed against these articles he may be tried by a naval court-martial after such detachment ceases; |
| (d) | All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States, and in time of war all such retainers and persons accompanying or serving with the armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles; |
| (e) | All persons under sentence adjudged by courts-martial; |
| (f) | All persons admitted into the Regular Army Soldiers' Home in Washington, District of Columbia. |
