10 U.S.C. § 803 — Art. 3. Jurisdiction to try certain personnel

Page 720 TITLE 10—ARMED FORCES § 803 of Military Justice), continuously from the commence- ment of execution of such orders to the conclusion of such orders.’’ ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER CIVILIANS ACCOMPANYING ARMED FORCES IN TIME OF ARMED CONFLICT Pub. L. 104–106, div. A, title XI, § 1151, Feb. 10, 1996, 110 Stat. 467, directed the Secretary of Defense and the At- torney General, not later than 45 days after Feb. 10, 1996, to jointly appoint an advisory committee to re- view and make recommendations concerning the appro- priate forum for criminal jurisdiction over civilians ac- companying the Armed Forces outside the United States in time of armed conflict, directed the com- mittee to transmit to the Secretary of Defense and the Attorney General a report setting forth its findings and recommendations not later than Dec. 15, 1996, directed the Secretary of Defense and the Attorney General to jointly transmit the report of the committee to Con- gress not later than Jan. 15, 1997, and provided that the committee would terminate 30 days after the date on which the report had been submitted to Congress. Executive Documents TRANSFER OF FUNCTIONS All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Edu- cation, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Em- ployees. EX. ORD. NO. 10631. CODE OF CONDUCT FOR MEMBERS OF THE ARMED FORCES Ex. Ord. No. 10631, Aug. 17, 1955, 20 F.R. 6057, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12017, Nov. 3, 1977, 42 F.R. 57941; Ex. Ord. No. 12633, Mar. 28, 1988, 53 F.R. 10355; Ex. Ord. No. 13286, § 76, Feb. 28, 2003, 68 F.R. 106231, provided: By virtue of the authority vested in me as President of the United States, and as Commander in Chief of the armed forces of the United States, I hereby prescribe the Code of Conduct for Members of the Armed Forces of the United States which is attached to this order and hereby made a part thereof. All members of the Armed Forces of the United States are expected to measure up to the standards em- bodied in this Code of Conduct while in combat or in captivity. To ensure achievement of these standards, members of the armed forces liable to capture shall be provided with specific training and instruction de- signed to better equip them to counter and withstand all enemy efforts against them, and shall be fully in- structed as to the behavior and obligations expected of them during combat or captivity. The Secretary of Defense (and the Secretary of Home- land Security with respect to the Coast Guard except when it is serving as part of the Navy) shall take such action as is deemed necessary to implement this order and to disseminate and make the said Code known to all members of the armed forces of the United States. CODE OF CONDUCT FOR MEMBERS OF THE UNITED STATES ARMED FORCES I I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense. II I will never surrender of my own free will. If in com- mand, I will never surrender the members of my com- mand while they still have the means to resist. III If I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor spe- cial favors from the enemy. IV If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my com- rades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way. V When questioned, should I become a prisoner of war, I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its al- lies or harmful to their cause. VI I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America. § 803. Art. 3. Jurisdiction to try certain personnel (a) Subject to section 843 of this title (article 43), a person who is in a status in which the per- son is subject to this chapter and who com- mitted an offense against this chapter while for- merly in a status in which the person was sub- ject to this chapter is not relieved from amena- bility to the jurisdiction of this chapter for that offense by reason of a termination of that per- son’s former status. (b) Each person discharged from the armed forces who is later charged with having fraudu- lently obtained his discharge is, subject to sec- tion 843 of this title (article 43), subject to trial by court-martial on that charge and is after ap- prehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent dis- charge. (c) No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a sepa- ration from any later period of service. (d) A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter com- mitted during such period of active duty or inac- tive-duty training. (Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99–661, div. A, title VIII, § 804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 102–484, div. A, title X, § 1063, Oct. 23, 1992, 106 Stat. 2505; Pub. L. 118–31, div. A, title XVII, § 1722(f)(2), Dec. 22, 2023, 137 Stat. 671.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 803(a) ...... 803(b) ...... 803(c) ...... 50:553(a). 50:553(b). 50:553(c). May 5, 1950, ch. 169, § 1 (Art. 3), 64 Stat. 109. Page 721 TITLE 10—ARMED FORCES § 804 In subsection (a), the words ‘‘the provisions of’’ are omitted as surplusage. The words ‘‘no * * * may’’ are substituted for the words ‘‘any * * * shall not’’. The word ‘‘for’’ is substituted for the word ‘‘of’’ before the words ‘‘five years’’. The words ‘‘of a State, a Territory, or’’ are substituted for the words ‘‘any State or Terri- tory thereof or of’’. The word ‘‘court-martial’’ is sub- stituted for the word ‘‘courts-martial’’. In subsection (b), the words ‘‘Each person’’ are sub- stituted for the words ‘‘All persons’’. The words ‘‘who is later’’ are substituted for the word ‘‘subsequently’’. The words ‘‘his discharge is’’ are substituted for the words ‘‘said discharge shall * * * be’’. The words ‘‘the provisions of’’ are omitted as surplusage. The word ‘‘is’’ is substituted for the words ‘‘shall * * * be’’. The words ‘‘he is’’ are substituted for the words ‘‘they shall be’’. The word ‘‘before’’ is substituted for the words ‘‘prior to’’. In subsection (c), the words ‘‘No * * * may’’ are sub- stituted for the words ‘‘Any * * * shall not’’. The word ‘‘later’’ is substituted for the word ‘‘subsequent’’. Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tion 973 of this title. AMENDMENTS 2023—Subsec. (d). Pub. L. 118–31 inserted ‘‘or the Space Force’’ after ‘‘reserve component’’. 1992—Subsec. (a). Pub. L. 102–484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Subject to section 843 of this title (article 43), no person charged with having committed, while in a sta- tus in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or the District of Columbia, may be re- lieved from amenability to trial by court-martial by reason of the termination of that status.’’ 1986—Subsec. (d). Pub. L. 99–661 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–484, div. A, title X, § 1067, Oct. 23, 1992, 106 Stat. 2506, provided that: ‘‘The amendments made by sections 1063, 1064, 1065, and 1066 [amending this section and sections 857, 863, 911, 918, and 920 of this title] shall take effect on the date of the enactment of this Act [Oct. 23, 1992] and shall apply with respect to offenses committed on or after that date.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable to offenses committed on or after the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order, see sections 804(e) and 808 of Pub. L. 99–661, set out as notes under section 802 of this title. § 804. Art. 4. Dismissed officer’s right to trial by court-martial (a) If any commissioned officer, dismissed by order of the President, makes a written applica- tion for trial by court-martial, setting forth, under oath, that he has been wrongfully dis- missed, the President, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dis- missed. A court-martial so convened has juris- diction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limita- tions applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dis- missal, but if the court-martial acquits the ac- cused or if the sentence adjudged, as finally ap- proved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. (b) If the President fails to convene a general court-martial within six months from the pres- entation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. (c) If a discharge is substituted for a dismissal under this article, the President alone may re- appoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have at- tained had he not been dismissed. The re- appointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other offi- cers only insofar as the President may direct. All time between the dismissal and the re- appointment shall be considered as actual serv- ice for all purposes, including the right to pay and allowances. (d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the President, he has no right to trial under this article. (Aug. 10, 1956, ch. 1041, 70A Stat. 38.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 804(a) ...... 804(b) ...... 50:554(a). 50:554(b). May 5, 1950, ch. 169, § 1 (Art. 4), 64 Stat. 110. 804(c) ...... 50:554(c). 804(d) ...... 50:554(d). In subsection (a), the word ‘‘If’’ is substituted for the word ‘‘When’’. The word ‘‘commissioned’’ is inserted be- fore the word ‘‘officer’’. The word ‘‘considered’’ is sub- stituted for the word ‘‘held’’. In subsections (a) and (b), the words ‘‘Secretary con- cerned’’ are substituted for the words ‘‘Secretary of the Department’’. In subsection (c), the word ‘‘If’’ is substituted for the word ‘‘Where’’. The words ‘‘the authority of’’ are omit- ted as surplusage. The words ‘‘grade and with such rank’’ are substituted for the words ‘‘rank and prece- dence’’, since a person is appointed to a grade, not to a position of precedence, and the word ‘‘rank’’ is the ac- cepted military word denoting the general idea of prec- edence. The words ‘‘the existence of a’’ are substituted for the word ‘‘position’’ for clarity. The word ‘‘receive’’ is omitted as surplusage. In subsection (d), the word ‘‘If’’ is substituted for the word ‘‘When’’. The words ‘‘he has no’’ are substituted for the words ‘‘there shall not be a’’. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of Homeland Security of certain authority vested in President by this section, see section 2 of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.