2.  In the case of a soldier who does not surrender—­

(a) When at the time of desertion he shall have been less than three months in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for one year.

(b) When at the time of desertion he shall have been three months or more, but less than six months, in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months.

(c) When at the time of desertion he shall have been six months or more in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for two years and six months.

3.  The foregoing limitations will be subject to modification under the following conditions: 

(a) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion, and also by dishonorable discharge and forfeiture of all pay and allowances when not already authorized.

(b) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

II.  Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table: 

Offenses.  Limit of punishment.

Under seventeenth
article of war.

Selling horse or arms, Three years’ confinement at hard
either or both labor; for noncommissioned officer,
reduction in addition thereto.[19]

Selling accouterments Four months confinement at hard
labor; for noncommissioned officer,
reduction in addition thereto.[19]

Selling clothing Two months’ confinement at hard
labor; for noncommissioned officer,
reduction in addition thereto.[19]

Losing or spoiling horse Four months’ confinement at hard
or arms through neglect labor; for noncommissioned officer,
reduction in addition thereto.[19]

Losing or spoiling                 One month’s confinement at hard
accouterments or clothing        labor; for noncommissioned officer,
through neglect                  reduction in addition thereto.[19]

Under twentieth article of war.

Behaving himself with Six months’ confinement at hard labor
disrespect toward his and forfeiture of $10 per month for
commanding officer the same period; for noncommissioned
officer, reduction in addition
thereto.