INSUBORDINATE CONDUCT TOWARD A NON-COMMISSIONED OFFICER:
Punishment: Court-martial.
(1) “Any
soldier who assaults or attempts or threatens to
strike or assault.”
(2) “Or
willfully disobeys the lawful order of a
non-commissioned officer while
in the execution of his office.”
(3) “Or
uses threatening or insulting language.”
(4) “Or
behaves in an insubordinate or disrespectful manner.”
Drunkenness will
not have the effect here of showing an absence
of willfullness.
ARTICLE 68.
DISORDERS:
Punishment: Court-martial.
“All officers
and non-commissioned officers have power to quell
disorders and to order officers
who take part in the same into
arrest, and other persons
into arrest or confinement.
Whosoever, being
so ordered:
(1)
Refuses to obey.
(2)
Draws a weapon.
(3)
Otherwise threatens or does violence shall be punished.”
This is one instance
(except a.w., 67, mutiny) where even a
corporal might order a general
into arrest.
This is the only
instance:
(1)
Where anyone other than a commissioned officer can
put an
officer
under arrest.
(2)
Where anyone other than an officer can order, arrest
or
confinement
of a soldier except on power given by C.O.
ARTICLE 69.
BREAKING ARREST:
Punishment: (Officer) Dismissal, (Soldier) Court-martial.
“Any officer charged with
crime shall be placed in arrest by
C.O.... in exceptional cases ... confined.”
“A soldier charged with crime ... shall
be placed in confinement
... when charged with minor offense placed in
arrest.”
“Any person placed in arrest ... shall
be restricted to
barracks, quarters, tent, unless limits are enlarged
by proper
authority.”
“An officer or any other person breaking
his arrest or who
escapes from confinement before being set at liberty
by proper
authority shall be punished by....”
To break arrest is punishable even though a
person is innocent
of the charge or ought to have been released.
ARTICLE 75.
MISBEHAVIOR BEFORE THE ENEMY:
Punishment: Death or court-martial.
“Any officer or soldier
who:
(1) Misbehaves before the enemy—runs
away, or shamefully
abandons post.
(2) Or speaks words inducing others to do
so.
(3) Or quits his post or colors to plunder
or pillage.
(4) Occasions false alarms in camp or quarters
shall suffer
....”
The word “enemy” implies “any
hostile body” such as a mob or
riot crowd.