liable to court
martial whether
(1) Used in public or private.
(2) In official or private capacity.
(3) Written or spoken.
(4) True or untrue.
ARTICLE 63.
DISRESPECT TOWARD A SUPERIOR OFFICER:
Punishment: Court-martial.
"Any person subject to military law who behaves himself with
disrespect toward his superior officer...."
Unlike Article 62, disrespect toward a superior officer requires
no words--acting or neglecting to act (such as rudeness or failure
to salute) are enough.
ARTICLE 64.
ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR OFFICER:
Punishment: Death or court-martial.
(1) "Any person subject to military law who on any pretense
whatsoever, strikes his superior officer--lifts a weapon, or
offers violence against him, being in the execution of his
office."
(2) "Or willfully disobeys any lawful command of his superior
officer."
Drunkenness here tends to show absence of the essential
willfullness.
Self defense is not forbidden nor violence to suppress mutiny.
ARTICLE 65.
INSUBORDINATE CONDUCT TOWARD A NON-COMMISSIONED OFFICER:
Punishment: Court-martial.
(1) "Any soldier who assaults or attempts or threatens to
strike or assault."
(2) "Or willfully disobeys the lawful order of a
non-commissioned officer while in the execution of his office."
(3) "Or uses threatening or insulting language."
(4) "Or behaves in an insubordinate or disrespectful manner."
Drunkenness will not have the effect here of showing an absence
of willfullness.
ARTICLE 68.
DISORDERS:
Punishment: Court-martial.
"All officers and non-commissioned officers have power to quell
disorders and to order officers who take part in the same into
arrest, and other persons into arrest or confinement.
Whosoever, being so ordered:
(1) Refuses to obey.
(2) Draws a weapon.
(3) Otherwise threatens or does violence shall be punished."
This is one instance (except a.w., 67, mutiny) where even a
corporal might order a general into arrest.
This is the only instance:
(1) Where anyone other than a commissioned officer can put an
officer under arrest.
(2) Where anyone other than an officer can order, arrest or
confinement of a soldier except on power given by C.O.
ARTICLE
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