Page:United States Statutes at Large Volume 62 Part 1.djvu/671

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 625-JUNE 24, 1948 writing, without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; or "Who steals, embezzles, knowingly and willfully misappropriates, stearlg, ete., mili- applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any ordnance, arms, equipment, ammunition, clothing, subsistence stores, money, or other property of the United States fur- nished or intended for the military service thereof: Provided, That any person, subject to military law, who commits larceny or embezzle- ment with respect to property of the United States, furnished or intended for the military service thereof, or with respect to other property within the purview of this article, steals said property within the meaning of this article; or "Who knowingly purchases or receives in pledge for any obligation to'wur prchase, or indebtedness from any soldier, officer, or other person who is a part of or employed in said forces or service, any ordnance, arms, equip- ment, ammunition, clothing, subsistence stores, or other property of the United States, such soldier, officer, or other person not having lawful right to sell or pledge the same; or "Who enters into any agreement or conspires to commit any of the spircmeyt or On- offenses aforesaid; "Shall, on conviction thereof, be punished by fine or imprisonment, Penalty. or by such other punishment as a court martial may adjudge, or by any or all of said penalties. If any person, being guilty of any of the ration from serv. offenses aforesaid or who steals or fails properly to account for any money or other property held in trust by him for enlisted persons or as its official custodian while in the military service of the United States, receives his discharge or is dismissed or otherwise separated from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court martial in the same manner and to the same extent as if he had not been so separated therefrom." SEC. 238. Article 104 is amended to read as follows: 41Sat. 808. "ART. 104. DISCIPLINARY POWERS OF COMMANDING OFFICERS.- Supp. I, §176 note. Under such regulations as the President may prescribe, the command- ing officer of any detachment, company, or higher command, may, for minor offenses, impose disciplinary punishments upon persons of his command without the intervention of a court-martial, unless the accused demands trial by court-martial. "The disciplinary punishments authorized by this article may Istlse Pln tsauthorzied. include admonition or reprimand, or the withholding of privileges, or extra fatigue, or restriction to certain specified limits, or hard labor without confinement or any combination of such punishments for omtnot exceeding one week from the date imposed; but shall not include for- feiture of pay or confinement under guard; except that any officer exercising general court-martial jurisdiction may, under the provi- sions of this article, also impose upon a warrant officer or officer of his command below the rank of brigadier general a forfeiture of not more than one-half of his pay per month for three months. "A person punished under authority of this article, who deems his mtp'e of pish- punishment unjust or disproportionate to the offense, may, through the proper channel, appeal to the next superior authority, but may in the meantime be required to undergo the punishment adjudged. The commanding officer who imposes the punishment, his successor in com- mand, and superior authority shall have power to mitigate or remit any unexecuted portion of the punishment. The imposition and Court martial. enforcement of disciplinary punishment under authority of this article for any act or omission shall not be a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the 68706--49-pt. 1 -41 641

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