Executive Order 10026

By virtue of the authority vested in me by Chapter II of the act of Congress entitled ‘‘An Act to amend an act entitled ‘An Act for making further and more effectual provision for the national defense, and for other purposes,’ approved June 3, 1916, and to establish military justice,’’ approved June 4, 1920 (41 Stat. 787), as amended by Title II of the act entitled ‘‘An Act to provide for the common defense by increasing the strength of the armed forces of the United States, including the reserve components thereof, and for other purposes,’’ approved June 24, 1948 (62 Stat. 627), and the act entitled ‘‘An Act to provide for the administration of military justice within the United States Air Force, and for other purposes,’’ approved June 25, 1948 (62 Stat. 1014), and as President of the United States, it is ordered that the Manual for Courts-Martial, U.S. Army, 1949, prescribed by Executive Order No. 10020 of December 7, 1948, be, and it is hereby, adopted for use in, prescribed for, and made applicable to, the Department of the Air Force for the government of all concerned, in accordance with the provisions of the attached Preface adapting the said manual for use in the Air Force.

The said manual and the provisions of the said Preface shall be in force and effect in the Department of the Air Force on and after February 1, 1949, and shall be applicable, until midnight July 26, 1949, with respect to all court-martial processes taken with respect to Army personnel under the command and authority of the Chief of Staff, United States Air Force:


 * Provided, that nothing contained in this manual shall be construed to invalidate any investigation, trial in which arraignment has been had, or other action begun prior to February 1, 1949; and any such investigation, trial, or action so begun may be completed in accordance with the provisions of the Manual for Courts-Martial, 1928:


 * Provided further, that nothing contained in this manual shall be construed to make punishable any act done or omitted prior to the effective date of this manual which was not punishable when done or omitted:


 * And provided further, that the maximum punishment for an offense committed prior to February 1, 1949, shall not exceed the applicable limit in effect at the time of the commission of such offense.

This preface is prescribed for use in conjunction with the Manual for Courts-Martial, U.S. Army, 1949, prepared in the Office of The Judge Advocate General of the Army, when such manual is used by or applied to personnel of the Department of the Air Force and such other personnel as may be under the jurisdiction of the Department of the Air Force. In order to adapt the Articles of War to the personnel of the Department of the Air Force, as provided in the Act of June 25, 1948, entitled ‘‘An Act to provide for the administration of military justice within the United States Air Force, and for other purposes’’ (62 Stat. 1014), and in order to adapt the Manual for Courts-Martial, U.S. Army, 1949, for use by the Department of the Air Force, the following definitions, interpretations, adaptations, and additions shall be used to construe the language used in the articles of War and in the Manual for Courts-Martial, U.S. Army, 1949, and to implement the same when applied to the Air Force.

The terms ‘‘military service of the United States’’ and ‘‘military service’’ when used in the Articles of War and in the Manual for Courts-Martial, U.S. Army, 1949, to define persons who may be appointed on courts0martial or tried by courts-martial appointed by commanders within the Air Force of the United States shall be deemed to refer only to Air Force personnel and, until 2400 hours, 26 July 1949, to Army personnel under the command and authority of the Chief of Staff, United States Air Force. As such terms are generally used elsewhere in the Articles of War and in the Manual for Courts-Martial, U.S. Army, 1949, they shall be deemed to include the Air Force unless the contrary clearly appears from the context. When the word ‘‘military’’ is used in such terms as ‘‘military commander’’, ‘‘military officer’’, ‘‘military superior’’, ‘‘military personnel’’, ‘‘military administration’’, ‘‘military discipline’’, ‘‘military duty’’, it shall be deemed to refer to the Air Force unless the contrary clearly appears from the context.

The term ‘‘Army’’, when used to describe a branch of the National Military Establishment, or when used as an adjective, shall be deemed to mean Air Force unless the contrary clearly appears from the context.

The term ‘‘armies’’ shall be deemed to mean Air Force of the United States.

The following chart sets forth the Army command enumerated in the Articles of War and in the Manual for Courts-Martial and the Air Force command which shall be considered as ‘‘the corresponding unit of the Air Forces’’.

<li>The phrase ‘‘district, garrison, fort, camp, station, or other place where troops are on duty’’ and the phrase ‘‘garrison, fort, camp, or other place where troops are on duty’’ shall be deemed to include air force bases and air force auxiliary fields. Such terms as ‘‘district’’, ‘‘garrison’’, ‘‘fort’’, ‘‘camp’’, ‘‘post’’, ‘‘station’’, ‘‘command’’, ‘‘guard’’, ‘‘quarters’’, ‘‘party’’, ‘‘detachment’’, ‘‘fortification’’, ‘‘encampment’’ and ‘‘premises’’, whether used individually or collectively, shall be deemed to apply to, consist of, or be upon air force bases and air force auxiliary fields.<BR/><BR/></li>

<li>The terms ‘‘Department of the Army’’ and ‘‘Secretary of the Army’’ or ‘‘Secretary of the Department of the Army' shall be deemed to mean Department of the Air Force and Secretary of the Air Force, respectively, except that when the terms ‘‘Department of the Army’’ and ‘‘Secretary of the Army’’ are used with reference to the imprisonment of, or clemency granted to, general prisoners in the United States Disciplinary Barracks, or any of the branches thereof, or in Federal penal institutions, the terms shall, until such time as the authority governing such functions shall be transferred to the Secretary of the Air Force or Department of the Air Force under the National Security Act of 1947 (61 Stat. 496), have their ordinary connotations.<BR/><BR/></li>

<li>The term ‘‘Judge Advocate General's Corps’’ shall be construed to refer to that group of judge advocate officers in the Air Force of the United States constituting a Judge Advocate General's Corps or Department within the Air Force of the United States or designated as Judge Advocates by appropriate orders.<BR/><BR/></li>

<li>The terms ‘‘The Judge Advocate General’’ or ‘‘The Judge Advocate General of the Army’’ and ‘‘Assistant Judge Advocate General’’ or ‘‘Assistant Judge Advocates General’’ shall be construed to refer to The Judge Advocate General and to the Assistant Judge Advocate General or Assistant Judge Advocates General, United States Air Force, respectively.<BR/><BR/></li>

<li>The term ‘‘The Adjutant General’’ shall be construed to refer to the Air Adjutant General, United States Air Force, or those persons in the Air Force of the United States who are charged by law regulations, or customs of the service with performing any functions similar to those performed by The Adjutant General of the Army; provided, however that until 2400 hours, 26 July 1949, where a function is still being performed by the Department of the Army for the Department of the Air Force or the United States Air Force under section 207(f) of the National Security Act of 1947 (61 Stat. 502), and the performance of that function requires that The Adjutant General of the Army continue as the custodian of the records pertaining to that function, the term ‘‘The Adjutant General’’ shall have its ordinary connotation.<BR/><BR/></li>

<li>As the word ‘‘cadet’’ is used in A.W. 2, 14, and 48 and defined in A.W. 1 as ‘‘a cadet of the United States Military Academy’’, such word has no application in the United States Air Force as presently constituted insofar as the administration of military justice is concerned and will be disregarded.<BR/><BR/></li>

<li>The term ‘‘soldier’’, ‘‘enlisted man’’, or ‘‘enlisted personnel’’ shall be deemed to include airman or airmen, depending on the manner in which the term is used.<BR/><BR/></li>

<li>Where reference is made to Army Regulations or other Army publications, such regulations or publications shall be applicable to the Air Force provided the Department of the Air Force has adopted such regulations or publications for use therein. Where reference is made to Army Regulations or other Army publications which have been declared, by proper authority, to be inapplicable to the Air Force, the reference shall be deemed to be a reference to any applicable Air Force publication governing the subject.<BR/><BR/></li>

<li>If prior to 2400 hours, 26 July 1949, the expiration of the transfer period prescribed by section 208(e) of the National Security Act of 1947 (61 Stat. 503), Army personnel under the command and authority of the Chief of Staff, United States Air Force, are designated as members of a court-martial, the record of trial shall include a certificate, signed by the adjutant, assistant adjutant, or other competent authority of the appointing command, indicating that such personnel are under the command and authority of the Chief of Staff, United States Air Force.<BR/><BR/></li>

<li>Members of the Army and members of the Navy are not competent to serve on Air Force courts-martial, provided, however, that within the exception set out in paragraph 13, above, Army personnel under the command and authority of the Chief of Staff, United States Air Force, may serve on Air Force courts-martial until 2400 hours, 26 July 1949.<BR/><BR/></li>

<li>Examples although not exclusive, of the foregoing definitions, interpretations, adaptations, and additions, when the Manual for Courts-Martial, U.S. Army, 1949, is used by the Air Force of the United States, are set forth below. (Omitted)<BR/><BR/></li></ol> <!-- Term Used in Manual for Courts-Martial, U.S. Army, 1949

Paragraph 4a

(1) "All officers in the active military service of the United States shall be competent to serve on courts-martial."

Meaning When Applied to Air Force of the United States

(1) All officers of the Air Force of the United States in the active service of the United States shall be competent to serve on courts-martial and officers of the Army of the United States in the active service of the United States who are under the command and authority of the Chief of Staff, United States Air Force, shall be competent to serve on courts-martial until 2400 hours, 26 July 1949. (See par. 13, Preface, requiring certificate in case of Army personnel.)

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(2) "For the competency of Marine Corps personnel to serve on courts-martial, when detached for service with the Army by order of the President, see Article 4."

Meaning When Applied to Air Force of the United States

(2) For the competency of Marine Corps personnel to serve on courts-martial when detached for service with the Air Force by order of the President, see Article 4.

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(3) "Members of the Navy and of the Air Force are not competent to serve on Army courts-martial."

Meaning When Applied to Air Force of the United States

(3) Members of the Navy and of the Army are not competent to serve on Air Force courts-martial, except that members of the Army under the command and authority of the Chief of Staff, United States Air Force, shall be competent to serve on Air Force courts-martial until 2400 hours, 26 July 1949. (See par. 13, Preface, requiring certificate in case of Army personnel.)

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(4) " * * * the term 'military service of the United States' as herein used refers to the Army only."

Meaning When Applied to Air Force of the United States

(4) The term "military service of the United States" as used in the Manual for Courts-Martial shall be deemed to refer to the Air Force.

Paragraph 4e

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(5) "Officers are qualified for detail as law members only if they are Regular Army officers appointed in the Judge Advocate General's Corps, or non-regular officers of any component of the Army of the United States on active Federal duty assigned to the Judge Advocate General's Corps by competent orders, or officers who have been certified by The Judge Advocate General as qualified to act as law members."

Meaning When Applied to Air Force of the United States

(5) Officers are qualified for detail as law members only if they are Regular Air Force officers belonging to that group of judge advocate officers in the United States Air Force constituting a Judge Advocate General's Corps. Judge Advocates by appropriate orders, or non-regular officers of any component of the Air Force of the United States on active Federal duty designated as Judge Advocates by appropriate orders or assigned to a Judge Advocate General's Corps or Department within the Air Force of the United States, or officers who have been certified by The Judge Advocate General, United States Air Force, as qualified to act as law members.

Paragraph 5a

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(6) " * * * commanding officers of commands of the Army designated in Article 8 * * * "

Meaning When Applied to Air Force of the United States

(6) commanding officers of air commands, air forces, air divisions and separate wings. (See par. 4, Preface.)

Paragraph 5b

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(7) "The commanding officer of a command of the Army designated in Article 9 * * * "

Meaning When Applied to Air Force of the United States

(7) The commanding officer of a garrison, fort, camp, station, air force base, air force auxiliary field, or other place where airmen are on duty, and the commanding officer of an air command, air force, air division, wing, group, and detached squadron, and the commanding officer of any other detached command or group of detached units placed under a single commander for this purpose. (See pars. 4 and 5, Preface.)

Paragraph 5c

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(8) "The commanding officers of commands of the Army designated in Article 10 may appoint summary courts-martial."

Meaning When Applied to Air Force of the United States

(8) The commanding officer of a garrison, fort, camp, air force base, air force auxiliary field, or other place where airmen are on duty, and the commanding officer of a group, detached squadron, or other detachment may appoint summary courts-martial. (See pars. 4 and 5, Preface.)

Paragraph 20a(1)

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(9) "The term 'commanding officer' shall be construed to refer to an officer commanding a post, camp, or station, or other place where troops are on duty * * * "

Meaning When Applied to Air Force of the United States (9) The term "commanding officer" shall be construed to refer to an officer commanding a post, camp, station, air force base, or air force auxiliary field or other place where airmen are on duty.

Paragraph 87a

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(10) "Thus, when a separate brigade is merged into a division, the commander of the division becomes the successor in command for the purpose of acting as reviewing authority upon a record of trial by a general court-martial appointed by the brigade commander."

Meaning When Applied to Air Forces of the United States

(10) Thus, when a separate wing is merged into an air division, the commander of the air division becomes the successor in command for the purpose of acting as reviewing authority upon a record of trial by a general court-martial appointed by the wing commander.

Paragraph 99

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(11) " * * * from other sources with the Army * * * "

Meaning When Applied to Air Forces of the United States

(11) from other sources within the Army or Air Force

Paragraph 102

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(12) " * * * The Judge Advocate General, Department of the Army, Washington 25, D.C. * * * "

Meaning When Applied to Air Force of the United States

(12) The Judge Advocate General, United States Air Force, Department of the Air Force, Washington 25, D.C.

Paragraph 102(6)

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(13) " * * * Department of the Army orders."

Meaning When Applied to Air Forces of the United States

(13) Department of the Air Force orders.

Paragraph 104

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(14) " * * * any officer of the Army, Navy, Marine Corps, or Coast Guard * * * "

Meaning When Applied to Air Force of the United States

(14) any officer of the Army, Navy, Air Force, Marine Corps, or Coast Guard.

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(15) " * * * any military, naval, or Coast Guard board * * * "

Meaning When Applied to Air Forces of the United States

(15) any military, naval, Air Force, or Coast Guard board

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(16) " * * * military courts, commission, courts of inquiry, or military boards, or for other use in military administration * * * "

Meaning When Applied to Air Forces or the United States

(16) Air Force courts, commissions, courts of inquiry, or boards, or for other use in Air Force administration.

Paragraph 105b

Term Used in Manual for Courts-martial, U.S. Army, 1949

(17) " * * * commander of an army or similar command * * * "

Meaning When Applied to Air Forces of the United States

(17) commander of an air force or similar command

Paragraph 133b

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(18) " * * * Department of the Army or of any department or agency of the United States, * * * "

Meaning When Applied to Air Forces of the United States

(18) Department of the Army, Department of the Air Force, or of any department or agency of the United States,

Paragraph 148

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(19) "Proof. * * * (b) that while so in command he discovered that a certain soldier in his command was a deserter from the Army, Air Force, Navy, or Marine Corps, as alleged; * * * "

Meaning When Applied to Air Force of the United States

(19) Proof. (b) that while so in command he discovered that a certain airman in his command was a deserter from the Air Force, or from the Army, or from the Navy, or from the Marine Corps, as alleged;

Paragraph 171

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(20) " * * * military property * * * " " * * * military property * * * furnished and intended for the military service, * * * "

Meaning When Applied to Air Force of the United States

(20) Terms include Air Force property and property furnished and intended for use in the Air Force

Paragraph 172a

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(21) " * * * property was issued for use in the military service, * * * "

Meaning When Applied to Air Force of the United States

(21) Term includes property issued for use in the Air Force.

Paragraph 172b

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(22) " * * * property was issued for use in the military service; * * * "

Meaning When Applied to Air Force of the United States

(22) Term includes property issued for use in the Air force.

Paragraph 181h

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(23) "Military property" and "property * * * ' * * * furnished or intended for the the military service thereof.'"

Meaning When Applied to Air Force of the United States

(23) Term includes Air Force property and property furnished or intended for use in the Air Force.

Paragraph 181i

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(24) "(a) * * * military property * * * "

Meaning When Applied to Air Force of the United States

(24) Term includes Air Force property.

Term used in Manual for Courts-Martial, U.S. Army, 1949

(25) "(b) * * * a certain soldier, officer, or other person who was a part of or employed in the military service of the United States, * * * "

Meaning When Applied to Air Force of the United States

(25) (b) a certain airman, officer, or other person who was a part of or employed in the Air Force of the United States.

Paragraph 183a

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(26) " * * * military vehicles, * * * "

Meaning When Applied to Air Force of the United States

(26) Term includes vehicles belonging to the United States Air Force.

Paragraph c

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(27) "These forms apply whether the accused is a member of the Regular Army, or of volunteer forces accepted or mustered into the military service of the United States, or of the National Guard, or of other forces which may have been drafted, called, or ordered into, or to duty or for training in, the military service of the United States."

Meaning When Applied to Air Force of the United States

(27) These forms apply whether the accused is a member of the Regular Air Force, or of volunteer forces accepted or mustered into service with the Air Force of the United States, or of the Air National Guard, or of other forces which may have been drafted, called, or ordered into, or to duty or for training in, the Air Force of the United States. (Appropriate substitutions in the forms will be made.)

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(28) " * * * 'detached for service with the armies of the United States by order of the President,' * * * "

Meaning When Applied to Air Force of the United States

(28) detached for service with the Air Force of the United States by order of the President,

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(29) " * * * 'a person accompanying the armies of the United States without the territorial jurisdiction of the United States,' * * * "

Meaning When Applied to Air Force of the United States

(29) a person accompanying the Air Force of the United States without the territorial jurisdiction of the United States,

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(30) " * * * 'a person serving with the armies of the United States without the territorial jurisdiction of the United States,' * * * "

Meaning When Applied to Air Force of the United States

(30) a person serving with the Air Force of the United States without the territorial jurisdiction of the United States,

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(31) " * * * 'a person accompanying the armies of the United States in the field' * * * "

Meaning When Applied to Air Force of the United States

(31) a person accompanying the Air Force of the United States in the field,

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(32) " * * * 'a person serving with the armies of the United States in the field,' * * * "

Meaning When Applied to Air Force of the United States

(32) a person serving with the Air Force of the United States in the field,

Form 2

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(33) " * * * (through sentence of a (civil) (military) (naval) court) * * * "

Meaning When Applied to Air Force of the United States

(33) (through sentence of a (civil) (military) (Air Force) (naval) court)

Form 12

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(34) " * * * from the (military service) (naval service) (Marine Corps) * * * "

Meaning When Applied to Air Force of the United States

(34) from the (military service) (Air Force) (naval service) (Marine corps).

Form 62

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(35) " * * * a (fortification) (post) (quarters) (encampment) of the Armies of the United States * * * "

Meaning When Applied to Air Force of the United States

(35) a (fortification) (post) (quarters) (encampment) (air force base) (air force auxiliary field) of the Air Force of the United States.

Form 63

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(36) " * * * military property belonging to the United States, * * * "

Meaning When Applied to Air Force of the United States

(36) Same form may be used inasmuch as the quoted term includes both Army and Air Force property.

Form 64

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(37) " * * * issued for use in the military service of the United States."

Meaning When Applied to Air Force of the United States (37) Same form may be used inasmuch as the quoted term includes both Army and Air Force property.

Form 65

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(38) " * * * issued for use in the military service of the United States."

Meaning When Applied to Air Force of the United States

(38) Same form may be used inasmuch as the quoted term includes both Army and Air Force property.

Form 104

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(39) " * * * (furnished) (intended) (furnished and intended) for the military service thereof, * * * "

Meaning When Applied to Air Force of the United States

(39) Same form may be used inasmuch as the term "for the military service thereof" refers to money or property (furnished) (intended) (furnished and intended) for use in the Army or Air Force.

Form 105

Term Used in Manual for Courts-martial, U.S. Army, 1949

(40) " * * * receipt of property of the United States (furnished) (intended) (furnished and intended) for the military service thereof, * * * "

Meaning When Applied to Air Force of the United States

(40) Same form may be used inasmuch as the term "for the military service thereof" refers to property of the United States (furnished) (intended) (furnished and intended) for use in the Army or Air Force.

Form 106

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(41) " * * * property of the United States (furnished) (intended) (furnished and intended) for the military service thereof."

Meaning When Applied to Air Force of the United States

(41) Same form may be used inasmuch as the term "for the military service thereof" applies to both Army and Air Force property.

Form 107

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(42) " * * * property of the United States (furnished) (intended) (furnished and intended) for the military service thereof."

Meaning When Applied to Air Force of the United States

(42) Same form may be used inasmuch as the term "property of the United States" (furnished) (intended) (furnished and intended) for the military service thereof" includes both Army and Air Force property.

Form 158

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(43) " * * * of the Army of the United States * * * "

Meaning When Applied to Air Force of the United States

(43) of the Air Force of the United States.

Form 160

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(44) " * * * purporting to be (a) (an) (naval) (military) (official) (pass) (furlough) (discharge certificate) * * * "

Meaning When Applied to Air Force of the United States

(44) purporting to be (a) (an) (naval) (military) (Air Force) (official) (pass) (furlough) (discharge certificate).

(Note: The words "Air Force" may be substituted for the word "military" but if the word "military" is used, it will be deemed to include "Air Force".)

Form 185

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(45) " * * * violate (paragraph . . ., Army Regulations . . . , . . . 19 . . . ) * * * "

Meaning When Applied to Air Force of the United States

(45) If the Army Regulations involved have been adopted by the Department of the Air Force for use therein, insert proper paragraph, Army Regulations number, and date; otherwise, substitute in the specification the Air Force Regulations or other Air Force publication involved. (See par. 12, Preface.)

Form 186

Term Used in Manual for Courts-Martial, U.S. Army, 1949

(46) " * * * wear upon his (uniform) (civilian clothing) (the insignia of grade of a master sergeant) (the combat infantryman badge) (the Distinguished Service Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit) ( . . . )."

Meaning When Applied to Air Force of the United States

(46) wear upon his (uniform) (civilian clothing) (the insignia of grade of a master sergeant) (the combat infantryman badge) (the Distinguished Service Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit) (the badge of a United States Air Force pilot).

(NOTE: This form may be used to allege the unauthorized wearing of any badge designating an Air Force rating, decoration, or insignia.) -->

, January 4, 1949.