Page:Title 3 CFR 2005 Compilation.djvu/196

 Executive Orders EO 13387 "(c) the alcohol concentration level in the accused's blood or breath, as shown by chemical analysis, was equal to or exceeded the applicable level provided in paragraph 35a above." (e) Paragraph 35f is amended as follows: "In that __(personal jurisdiction data), did (at/on board--required), on or about 20, (in the motor pool area) (near the Officer's Club) (at the intersection of __ and ) (while in the Gulf of Mexico) (while in flight over North America) physically control [a vehicle, to wit: (a truck) (a pas- senger car) ] [an aircraft, to wit: (an AH-64 helicopter)(an F-14A fight- er)(a KC-135 tanker) ] [a vessel, to wit: (the aircraft carrier USS ) (the Coast Guard Cutter) 1, [while drunk] [while impaired by ] [while the alcohol concentration in his (blood)(breath) was, as shown by chemical analysis, equal to or exceeded (.10) grams of alcohol per (100 milliliters of blood) (210 liters of breath), which is the limit under (cite applicable State law) (cite applicable statute or regulation)] [in a (reck- less) (wanton) manner by (attempting to pass another vehicle on a sharp curve) (by ordering that the aircraft be flown below the authorized alti- tude)] [and did thereby cause said (vehicle) (aircraft) (vessel) to (strike and) (injure __ )1." (f) Paragraph 97 is amended by (1) inserting the following new subpara- graph (b)(2) and tenumbering the existing subparagraphs (b)(2) and (b)(3) as (b)(3) and (b)(4); (2) adding the words "and patronizing a prostitute" after the word "Prostitution" in subparagraph (e)(1); and (3) inserting the following new subparagraph (f)(2) and tenumbering the existing subpara- graphs (0(2) and (0(3) as (0(3) and (0(4): "(b)(2) Patronizing a prostitute. (a) That the accused had sexual intercourse with another person not the accused's spouse; (b) That the accused compelled, induced, enticed, or procured such per- son to engage in an act of sexual intercourse in exchange for money or other compensation; and (c) That this act was wrongful; and (d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a na- ture to bring discredit upon the armed forces." "(f)(2) Patronizing a prostitute. In that __ (personal iurisdiction data), did, (at/on board--location) (sub- iect-matter iurisdiction data, if required), on or about 20, wrongfully (compel) (induce) (entice) (procure) __, a person not his/her spouse, to engage in (an act) (acts) of sexual intercourse with the accused in exchange for (money) ." (g) Paragraph 109 is amended to read as follows: "109. ARTICLE 134--(Threat or hoax designed or intended to cause panic or public fear) a. Text. See paragraph 60. b. E]ements. (1) Threat. 183

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