Page:United States Statutes at Large Volume 44 Part 1.djvu/248

 § 152.3 TITLE *1, directly to the Sectetary of War for the action of the` President, \\'ll_0·1ll5§' eonflrm. the action. of the reviewing authority or `eoniirming authority be1ow,’iu‘·wl10le or in part with or without remission, mitigatioh, ortc0mmuta`tiox1,- or may l disapprove, in whole or in part, any ilndipg of guilty, and Qmay disapprove or ~ vacate the sentence, in whole or in part, g · - ` When the.President or any reviewing or eoniirming authority disapproves or vacates a sentence the execution,. of which has not theretofoxfe been duly ordered, he W may authorize or xlirect `a`_rehea1*ing. Such ]‘€h€8I’iIl§* shall " take place before a court composed, of bofficers not members of the court which first heard the case. ,Upon‘ such rehearing the accused shall ._ riot be tried for auy Yotteuse. et which he was found not guilty »_hy_.the iirst court, and no sentence in" excess of ormore severe than the sorigiual sentence shall be enforced unless the seu- Ytenee be based upon a iluding of guilty ofan oieuse not con- .sidei·ed` upon the merits Ain the original `proceeding`: Provided, That such rehearing shall be had -iu all cases where a `ilnding and sentence have been vacated by reason otfthe action of the hoard of review approved by the Judge Advocate General holding the record of trial legally insuflieient to support the ' Hndings or sentence or that errors of law have been committed iajuriously affecting the substantial rights of the accused, unl less, in accord with such actionyaud the `recommendations of the J udge Advocate General, thereon, the findings or -seut_ence are approved ia part only, or t_he·"record. is yeturned for revi-P sion, or unless the cam is dismissed by order of the reviewing I or d continuing authority,. After any such rehearlug had, `on the order of the President, " the record of trial shall, after` exauiluation. by the board of review, be transmitted by __ the Judge Advocate General, with the board?s opinion and his recommendations; directly to the Secretary of War for the aetiou of the President. _  _ °_ __ ., Every record ot trial by ·ge11eralleourt·1¤a;·tial, ezkamluationf of which by the board of ieview isnot hereihbefore in- this article provided for, shall nevertheless be examined in the Judge Advocate Genera1’s-Omee; aud l{_i'ouml-legally insufl‘l·- eient.to· support the Endings and seutenceylu whollor iIl }')211‘tv, ‘ shall beexamined by the board of review, and the board, lf it also ilndstlnat such record is legally insuiilcient to support the iludlngs and sentence, iujvhole `or in part, shall, ln writing, p submit its opinion to the Judge Advocate General, who shall transmit the record and the board’s opinion, with;his_recommeadations, directly to the Secretary of Wap for the action ot the President. In any such case the President may approve, disapprove or vacate,.iu whole or in_pa1·.t: any-Bndlngs of guilty, or eonlirm, mitigate, commute,-remit, orjvacate any sentence, in whole. or iu_part.:and direct the executiou of the sentence as couilrriied or modified, and he may restore the accused to all rights affected by the ilndings and sentence, or part thereof, held to be invalid; and the President’s necessary orders to this end shall be binding upon all departments and otHcers‘ of the Government. v  ‘ p -°' _ V , _ Whenever necessary, the Judge Advocate Geue1‘al·may.con· _ stltute. two or more boards of review ia his oillee, with equal powevs zmdtluties. v p ‘ · K Wlneuever the President deems such action necessary, he may direct- the Judge Advceate·_Geueral to establish a .bmuch' ot his otllee. mider au, Assistant Judge‘Advocate Ge11eral,»with_ any (lildhllt'(Q0ll1!I1£lI'I(l,_$ll`l(1 to ·establ`lsh in sinch branch.otllee a boafd of review, or more than one. Such Asslstant?Jud‘ge Atlvocate General and sueh_ hoard or boards ot mevlew shall be em# ,poxvet·ed‘ to perform for thateemmaud, undexj the general supervision of the Judge Advocate General, the duties which the- Judggre ,Advoe`ate Generaland the board or boards of review in his oflic·e_would otherwise be required to perform in respect of all mess invols¤i11g·mntex1ces not requlx·ing· approval or com

lnrmation by the President. {June 4. 1920, c. 22T, sn1»q1,;,,,,,,,. .H.§1.41Stat.797.)‘°_ · _` -* ' _ 1523, Suspension oi sentences of dismissal or- deem -(m;,lQ ,51),--Tire authority competent to order the execution oi la Sm i {ence or dismissal of an 0$cer or tl _S€*¤t€¤€é of qleath nmy-mS_ . pond such sentence until the pleasure of the President ng known, and in ease of such suspensionn copy of the or41»;·r ot Suspension, together, with a COPY of Uw 1‘¢<!0i‘§l of trial, $1,;,}; - immediately be transmitted to the Presidentg (June. 4; 1920 l c. 227, subchapter II, § 1, 41 Stat. 799.). ·, _ `· ’ ' 1524. Suspension of sentences (article 52).-+The autlnnltr. competent tg. order-the-"execution` of the sentence of ri courtmnrtial muy, ati the time not the. ¤pp}fQy_§l-df Such sentenpg, _ guspemléhe execution; in whole or in {Mft. of any such senlencg ns does not extend to death, and may restore the person ender sentence to duty glurlng~·sueh‘ suspension; and the Secretary of wm- or the commanding oHieer"holding* general .court-m.n·n,n jurisdiction over ami such okender, mar at ani time rllere sitter, while the sentence isbeing sewer},. suspend the executionn in- whole or in part; of the balance otsuch ééutenee and resnjyg , theperson under sentence to duty ·~¢lu1{lng¥ such suspension, A sentence, or any part thereof, which lmsbeenlso susnemled may be remitted, ln whole or in part, except in   of persons coufined in the_Unité1l- Stotes Disciplinary Barracks or its bI?&ll(!ll(>$,' ‘ by the officer who suspended ”the—'same, by` his successor in oqlce, or by any, otllcer exerelsing approprihte_‘c0u*rt=nnax·tin1 jurisdiction over the command in whleh the. person nnder _ sentence be serving nt   time; and, subject to the fore- ` going exceptions, the same authority may vnéate the order of zsuspension ·at `any time and order the exeention ot the sentence or the suspended part thereof ln so {ar as the same shnll not have been previously remitted, subject to like power oisnspension. The death or honorable cliseharge of a `persdn ··ungler n suspended sentence shall operate as a_ complete regnissiml of _ziny unexecutedl. or n`n1‘emittegl_p;1rt ot such sentence. (June 4. 1920, 0, 227, subchapter II, § _1, 41 Stat. -799.) ‘  _, ` 1525.- _Exe¢ution` or remission; connnement in disciplinary barracks (article ,53).——eWh`enh__a sentence of dlshonoxgble die `_ pllnrge has been suspended 1$ntil`the_soldierTs release fl'0lI1-(‘0Il·"I _ 0 ilnern_ent, the execution or renlission of ·any`part‘0t hissentenee shall, if the soldierbe confined in the United States·Discinlinnry Borrncks,,or any branch `thereot, be directed-by the; Secretary of War. (June 4,,1920, c. 227, subchapter II, § 1, 41 Story - “ ~ III.-‘1‘U$ITl\f'E ARTICLES t °A. Ewnrsruzxr; Mosmn; Rm·mms`· 1526. Fraudulent enlistment (article 54).-—Any person wh·> 0 ` shall procure himself to be enlisted in the military service of _ the United States by means of willfulmisrepresentationi or .coucedlment ns to his_qu£1llIlcaltions for enlistment, anal shall . receive pay or allowances under such enlistment, shall be `pnnished ns a ecourtnnnrtinl fnmy direct. (June 4; 1920, c. 227; subchapter II, § 1, 41. Stut;800`.) » _ · · ’ l . .1527. Omcer mglcing unlawful enlistment (article 55).-—r\nF. ofilcer wholknowingly enlists or musters into the military S<‘¤f\'· __ lee olly persson whose énllstmentor muster ln is prohibitetl 10* law, regulations, or orders shall be clismisseel from the serviee or suffer such otheripxnxnishgpnexnt as n (30lll‘l`~l1llll°fi§ll`·}I1I1Y‘(liY(`@`{·· (June 4, 1020, cr 227, snhchnnter II, § .1, 41 .Stut. 800.) i · 1528; False muster (nrtiéle 56).-·»——-Any otlleer who kIlOWlIl;.'l)' mnkesla false muster of man or animal, or who signs or dire·.·:5 or allows the slgningot nm} muster roll knowing the same tn contain .a false muster or false stnteinent os to the absence en- `pay of an omeer or soldier, or who wrongfully` takes money or other consideration on mustering‘in in regiment, company, or other org:ml_znfion, or onlslgnlng muster rolls, or who knong.