Part 59 (1/2)

CERTAIN ARTICLES TO BE READ AND EXPLAINED.

ART. 110. Articles 1, 2, and 29, 54 to 96, inclusive, and 104 to 109, inclusive, shall be read and explained to every soldier at the time of his enlistment or muster in, or within six days thereafter, and shall be read and explained once every six months to the soldiers of every garrison, regiment, or company in the service of the United States.

DEFINITIONS.

ARTICLE 1. The following words when used in these articles shall be construed in the sense indicated in this article, unless the context shows that a different sense is intended, namely:

(a) The word ”officer” shall be construed to refer to a commissioned officer;

(b) The word ”soldier” shall be construed as including a noncommissioned officer, a private, or any other enlisted man;

(c) The word ”company” shall be understood as including a troop or battery; and

(d) The word ”battalion” shall be understood as including a squadron.

PERSONS SUBJECT TO MILITARY LAW.

ART. 2. The following persons are subject to these articles and shall be understood as included in the term ”any person subject to military law” or ”persons subject to military law” whenever used in these articles: _Provided_, That nothing contained in this act, except as specifically provided in article 2, subparagraph (c), shall be construed to apply to any person under the United States naval jurisdiction, unless otherwise specifically provided by law:

(a) All officers and soldiers belonging to the Regular Army of the United States; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted, or ordered into or to duty or for training in the said service, from the dates they are required by the terms of the call, draft, or order to obey the same.

(b) Cadets.

(c) Officers and soldiers of the Marine Corps when detached for service with the armies of the United States by order of the President: _Provided_, That an officer soldier of the Marine Corps when so detached may be tried by military court-martial for an offense committed against the laws for the government of the naval service prior to his detachment, and for an offense committed against these articles he may be tried by a naval court-martial after such detachment ceases.

(d) All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States, and in time of war all such retainers and persons accompanying or serving with the armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles.

(e) All persons under sentence adjudged by courts-martini.

(f) All persons admitted into the Regular Army Soldiers' Home at Was.h.i.+ngton. D. C.

ENLISTMENT WITHOUT DISCHARGE.

ART. 29. Any soldier who, without having first received a regular discharge, again enlists in the Army, or in the militia when in the service of the United States, or in the Navy or Marine Corps of the United States, or in any foreign army, shall be deemed to have deserted the service of the United States; and, where enlistment is in one of the forces of the United States mentioned above, to have fraudulently enlisted therein.

FRAUDULENT ENLISTMENT.

ART. 54. Any person who shall procure himself to be enlisted in the military service of the United States by means of willful misrepresentation or concealment as to his qualifications for enlistment, and shall receive pay or allowances under such enlistment, shall be punished as a court-martial may direct.

OFFICER MAKING UNLAWFUL ENLISTMENT

ART. 55. Any officer who knowingly enlists or musters into the military service any person whose enlistment or muster in is prohibited by law, regulation, or orders shall be dismissed from the service or suffer such other punishment as a court-martial may direct.