men). As to pay subject to forfeiture, see 117c.

Ordinarily a fine, rather than a forfeiture, is the proper monetary penalty to be adjudged against a civilian subject to military law. A forfeiture may not be applied to money to be paid by an employer other than the Government.

Whereas a forfeiture deprives the accused of all or part of his pay, a fine, which is in the nature of a judgment, makes him peculiarly liable in general to the United States for the amount of money specified in the sentence. All courts-martial have the power to adjudge fines instead of forfeitures, not only in those instances wherein fines are expressly authorized (A. W 80 and A. W. 94), but, subject to the limitations prescribed in the Table of Maximum Punishments, in all cases in which the applicable Article of War authorizes punishment as a court-martial may direct. If a punishment is prescribed for an offense in the Table of Maximum Punishments, there is no authority for the imposition of a fine, either in addition to, or in lieu of, the prescribed punishment unless the case falls within the provisions of "Permissible additional punishments." In general, a courtmartial has the same power to fine a prisoner of war that it has to fine a member of the Army. In order to enforce collection, a fine is usually accompanied in the sentence by a provision that the person fined shall be imprisoned until the fine is paid or until a fixed portion of time considered as an equivalent punishment has expired. See Appendix 9, examples 18 and 19.

Detention of pay is a less severe form of punishment than a forfeiture in that the amount detained is ultimately returned to the accused when he is separated from the service. Detention of pay will not be adjudged by a courtmartial except against an enlisted person of the Army.

A forfeiture, fine or detention becomes legally effective on the date the sentence adjudging it is promulgated.

h. Suspension from rank, command, or duty. Suspension from rank includes suspension from command. It does not affect the right of an officer to promotion nor his right to rise in files, but renders him ineligible to sit as a member of a court-martial, court of inquiry, or mili

tary board, and deprives him of privileges depending on rank, such as any priority dependent on rank in the selection of quarters.

Suspension from command merely deprives the officer of authority to exercise military command and, consequently, his authority to give orders to his juniors and to perform any duty involving the exercise of command. It does not affect his right to promotion. Suspension from duty is analogous to suspension from command and is particularly appropriate in the case of an officer assigned to a purely administrative duty not involving the exercise of military command.

Sentences to loss of rank or promotion are not authorized.

i. Confinement at hard labor; hard labor. Any person subject to trial by court-martial may be sentenced to confinement at hard labor. Such a sentence can not be adjudged in the case of a commissioned officer unless the officer is also sentenced to dismissal, nor in the case of a warrant officer unless the warrant officer is also sentenced to dishonorable discharge. Only under unusual circumstances should confinement at hard labor be adjudged against a soldier without a sentence to forfeiture or fine. A sentence to confinement does not of itself automatically result in any fine or forfeiture of pay or allowances.

Confinement "without hard labor" will not be adjudged. See Article 37 as to the effect of a failure to couple hard labor with confinement. The place of confinement will not be designated by the court.

Hard labor without confinement will not be adjudged in excess of three months. It may be adjudged only in the cases of soldiers.

Hard labor without confinement, adjudged as a punishment by courts-martial, shall be performed in addition to other duties which fall to the soldier; and no soldier shall be excused or relieved from any military duty for the purpose of performing such hard labor. A sentence imposing hard labor shall be considered satisfied when the soldier shall have performed hard labor during available time in addition to performing his military duties. Normally, the immediate commanding officer of the accused will designate the amount and character of the labor to be performed.

117. MAXIMUM LIMITS OF PUNISHMENTS-a. Persons and offenses. The limits prescribed herein (117) will be applied by courts-martial in cases of soldiers and general prisoners. The mentioned limitations, though not binding upon courts sentencing officers, warrant officers and civilians subject to military law, except as stated in 116c and section B of 117c, may be used as a guide subject to such exceptions as may be deemed warranted for determining the appropriate punishment for such persons. The maximum authorized penalties will also be applied insofar as applicable in the cases of enlisted prisoners of war.

b. General limitations. The limitations herein (117) do not exclude any other applicable limitations; for example, those set forth in 115 and 116-in particular, it should be remembered that special courts-martial can not adjudge confinement in excess of six months nor forfeiture of pay in excess of two-thirds pay per month for six months (116b).

A court shall not, by a single sentence which does not include dishonorable or bad conduct discharge, adjudge against the accused:

Forfeiture of pay at a rate greater than two-thirds of his pay per month.

Forfeiture of pay in an amount greater than two-thirds of his pay for twelve months.

Confinement at hard labor for a period greater than twelve months.

A court shall not, by a single sentence, adjudge against an accused:

Detention of pay at a rate greater than two-thirds of his pay per month.

Detention of pay in an amount greater than two-thirds of his pay for three months.

In the execution of a single sentence not including dishonorable or bad conduct discharge, and in the execution of two or more sentences against the same accused, none of which includes dishonorable or bad conduct discharge, any forfeiture or forfeitures of pay included in the sentence or sentences shall be ap

plied, together with other authorized stoppages or deductions, if any, excepting such as are made at the request of the accused, so as not to deprive the accused of more than two-thirds of his pay for any month. As to pay which is subject to forfeiture, see 117c.

c. Maximum punishments. The punishment stated opposite each offense listed in the table below is hereby prescribed as the maximum punishment for that offense, and for any lesser included offense if the latter is not listed, and for any offense closely related to either if not listed. The maximum punishment so prescribed for the offense should be restricted to those cases in which, due to aggravating circumstances, the greatest permissible punishment should in the discretion of the court be imposed. If an offense not listed in the table is included in an offense which is listed and is also closely related to some other listed offense, the lesser punishment prescribed for either the included or closely related offense will prevail as the maximum limit of punishment.

Offenses not listed in the table, and not included within an offense listed or not closely related to either, remain punishable as authorized by Title 18, United States Code, or by the Code of the District of Columbia, whichever prescribed punishment is the lesser, or as authorized by the custom of the service. With respect to other matters proper for consideration in fixing punishment, see 80a, 113, 140a and 157a.

The description of each offense listed in the table must be construed in connection with the Article of War under which such offense is listed. The table, which lists the maximum punishment in terms of confinement or forfeiture, or both, contains no reference to lesser forms of punishment, such as hard labor without confinement, restriction to limits, or detention of pay, which are appropriate for many minor offenses. Unless dishonorable or bad conduct discharge is adjudged, the court in its discretion may substitute at the following rates other punishments for those listed in the table:

1 day's pay.

1 day.

14 days.

3 days.

In computing the maximum amount of forfeiture in dollars and cents (see forms of sentences, App. 9) the base pay of the soldier (of the reduced grade if the sentence carries a reduction) plus pay for length of service (and overseas pay if no confinement is adjudged) will be taken as the basis. The term "base pay" comprehends no element of pay other than the minimum base pay of the grade or class within grade as fixed by statute and does not include extra pay for any special qualifications or for special duties performed, such as flying pay or pay incident to qualification as a combat infantryman. Unless dishonorable or bad conduct discharge is adjudged the monthly contribution of a soldier to family allowance will be excluded in computing the amount of pay subject to forfeiture. In computing time of absence without leave any one continuous period of absence found that totals not more than 24 hours is counted as a day; any such period found that totals more than 24 hours and not more than 48 hours is counted as two days, and so on. The hours of departure and return on different dates are assumed to be the same if both are not found.

In determining the maximum punishment for two or more separate and distinct, but like, offenses against property, values as found in different specifications can not be aggregated.

Bad conduct discharge may be adjudged upon conviction of any offense for which dishonorable discharge is authorized in the table.

Immediately upon a declaration of war subsequent to the effective date of this manual the prescribed limitations on punishment for violations of Articles of War 58, 59, 61, 64 and 86 will be automatically suspended and will not apply until the formal termination of such war or until restored by Executive order prior to such formal termination.'

NOTE: The limitations upon punishments for violations of Articles of War 58, 59 and 86 were suspended until further orders, as to offenses committed after February 3, 1942, by Executive Order No. 9048, February 3, 1942. The limitations upon punishments for absence without leave from command, guard, quarters, station, or camp in violation of Article of War 61 were suspended until further order, as to offenses committed after December 1, 1942, by Executive Order No. 9267, November 9, 1942. Executive Order No. 9683, January 19, 1946, terminated the suspensions of limitations upon punishments for violations of Articles of War 58, 59, 61 and 86 as to offenses committed after January 19, 1946, except offenses committed in occupied enemy territory. Executive Order No. 9772, August 24, 1946, terminated the suspensions of limitations upon punishments for offenses committed after August 24, 1946 in occupied enemy territory. Nothing contained in this manual or the order of its promulgation is to be construed as altering the effect of the foregoing Executive orders.