ARTICLE 58.

DESERTION: 

Punishment:  (Wartime) Death or Court Martial. (Peacetime) Court Martial.

“Any person—­who deserts or attempts to desert in time of War
... death or such other punishment as the court martial may
direct ... any other time any punishment except death.” 
Essential features are: 
(1) An intent not to return.
(2) An overt act of separation from duty. 
Drunkenness tends to show absence of the intent. 
Minority is no defense. 
Enlistment while in desertion does not remove the charge
of desertion.

ARTICLE 61.

ABSENCE WITHOUT LEAVE: 

Punishment:  Court Martial.

“Any person who fails to repair at the fixed time to duty, or
goes from same without leave of absence, or absents himself from
his command, guard, quarters, station or camp without proper
leave....” 
Does not require to prove intent, yet persons ignorant of
military law, drunk or victims of mistake are dealt with gently.

ARTICLE 62.

DISRESPECT TOWARD PRESIDENT, VICE-PRESIDENT, CONGRESS, SECRETARY OF WAR, GOVERNORS, LEGISLATURES: 

Punishment:  (Officer) Dismissal from the service,
            (Soldier) Court martial.

“Any officer who uses contemptuous or disrespectful words
against the President, etc.... any other person subject to
military law who so offends.” 
Contemptuous language is objectionable and liable to court
martial whether
(1) Used in public or private.
(2) In official or private capacity.
(3) Written or spoken.
(4) True or untrue.

ARTICLE 63.

DISRESPECT TOWARD A SUPERIOR OFFICER: 

Punishment:  Court-martial.

      “Any person subject to military law who behaves himself with
    disrespect toward his superior officer....” 
      Unlike Article 62, disrespect toward a superior officer requires
    no words—­acting or neglecting to act (such as rudeness or failure
    to salute) are enough.

ARTICLE 64.

ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR OFFICER: 

Punishment:  Death or court-martial.

      (1) “Any person subject to military law who on any pretense
    whatsoever, strikes his superior officer—­lifts a weapon, or
    offers violence against him, being in the execution of his
    office.”
      (2) “Or willfully disobeys any lawful command of his superior
    officer.” 
      Drunkenness here tends to show absence of the essential
    willfullness. 
      Self defense is not forbidden nor violence to suppress mutiny.

ARTICLE 65.