Executive Order 10565

By virtue of the authority vested in me by Articles 36 and 56 of the Uniform Code of Military Justice (established by the Act of May 5, 1950, 64 Stat. 107), and as President of the United States, it is ordered that the Manual for Courts-Martial, United States, 1951 (prescribed by Executive Order No. 10214 of February 8, 1951), be, and it is hereby, amended as follows:

 The following language is added to subparagraph 76a(6) at the end thereof:
 * ‘‘If an accused is found guilty of an offense or offenses for none of which dishonorable discharge is authorized, proof of three or more previous convictions during the year next preceding the commission of any offense of which the accused stands convicted will authorize dishonorable discharge. See 127c, Section B.’’

The offenses and punishments listed in the Table of Maximum Punishments, contained in paragraph 127c, for violations of Articles 86 and 87 of the Uniform Code of Military Justice are revised so that they shall be as follows:
 * (TABLE OMITTED)

Section B, Permissible Additional Punishments, of paragraph 127c is amended by adding thereto at the beginning thereof the following language:<BR/><BR/>
 * ‘‘If an accused is found guilty of an offense or offenses for none of which dishonorable discharge is authorized, proof of three or more previous convictions during the year next preceding the commission of any offense of which the accused stands convicted will authorize dishonorable discharge and forfeiture of all pay and allowances and, if the confinement otherwise authorized is less than one year, confinement at hard labor for one year. In computing the one-year period preceding the commission of any offense, periods of unauthorized absence as shown by the findings in the case or by the evidence of previous convictions should be excluded. See 75b(2) as to further limitations concerning evidence of previous convictions which may be considered.’’<BR/><BR/></li>

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, September 28, 1954.