or.

ARTICLE 39.

LIMITATIONS UPON PROSECUTIONS:

Military offences fall into three (3) groups:

(1) War desertion, mutiny, murder. Have no limitations.
(2) Burglary, etc. (A W. 93) and frauds against Government (A.W.
94). Prosecution limited to 3 years.
(3) All other offences. 2 years.

In some cases the Statute of Limitations is suspended (A.W. 39),
especially in cases of absence from the United States.

* * * * *

The following Articles of War are the important ones for officers to
be acquainted with in the ordinary course of his duties:

ARTICLE 54.

FRAUDULENT ENLISTMENT:

Punishment: Court Martial.

"Any person procuring himself to be enlisted by means of
willful misrepresentation or concealment as to his qualifications
for enlistment and shall receive pay or allowance," ...
This offense requires two (2) steps:
(1) Misrepresentation or concealment.
(2) Receiving pay or allowances.

ARTICLE 58.

DESERTION:

Punishment: (Wartime) Death or Court Martial. (Peacetime) Court
Martial.

"Any person--who deserts or attempts to desert in time of War
... death or such other punishment as the court martial may
direct ... any other time any punishment except death."
Essential features are:
(1) An intent not to return.
(2) An overt act of separation from duty.
Drunkenness tends to show absence of the intent.
Minority is no defense.
Enlistment while in desertion does not remove the charge
of desertion.

ARTICLE 61.

ABSENCE WITHOUT LEAVE:

Punishment: Court Martial.

"Any person who fails to repair at the fixed time to duty, or
goes from same without leave of absence, or absents himself from
his command, guard, quarters, station or camp without proper
leave...."
Does not require to prove intent, yet persons ignorant of
military law, drunk or victims of mistake are dealt with gently.

ARTICLE 62.

DISRESPECT TOWARD PRESIDENT, VICE-PRESIDENT, CONGRESS, SECRETARY OF
WAR, GOVERNORS, LEGISLATURES:

Punishment: (Officer) Dismissal from the service,
(Soldier) Court martial.

"Any officer who uses contemptuous or disrespectful words
against the President, etc.... any other person subject to
military law who so offends."
Contemptuous language is objectionable and