Executive Order 10026—Adopting the Manual for Courts-Martial, U.S. Army, 1949, for Use in the Department of the Air Force

By virtue of the authority vested in me by Chapter II of the act of Congress entitled "An act to amend an act entitled 'An act for making further and more effectual provision for the national defense, and for other purposes,' approved June 3, 1916, and to establish military justice," approved June 4, 1920 (41 Stat. 787), as amended by Title II of the act entitled "An act to provide for the common defense by increasing the strength of the armed forces of the United States, including the reserve components thereof, and for other purposes," approved June 24, 1948 (62 Stat. 627), and the act entitled "An act to provide for the administration of military justice within the United States Air Force, and for other purposes," approved June 25, 1948 (62 Stat. 1014), and as President of the United States, it is ordered that the Manual for Courts-Martial, U.S. Army, 1949, prescribed by Executive Order No.10020 of December 7, 1948, be, and it is hereby, adopted for use in, prescribed for, and made applicable to, the Department of the Air Force for the government of all concerned, in accordance with the provisions of the attached Preface adapting the said manual for use in the Air Force.

The said manual and the provisions of the said Preface shall be in force and effect in the Department of the Air Force on and after February 1, 1949, and shall be applicable, until midnight July 26, 1949, with respect to all court-martial processes taken with respect to Army personnel under the command and authority of the Chief of Staff, United States Air Force: provided, that nothing contained in this manual shall be construed to invalidate any investigation, trial in which arraignment has been had, or other action begun prior to February 1, 1949; and any such investigation, trial, or action so begun may be completed in accordance with the provisions of the Manual for Courts-Martial, 1928: Provided further, that nothing contained in this manual shall be construed to make punishable any act done or omitted prior to the effective date of this manual which was not punishable when done or omitted: And provided further, that the maximum punishment for an offense committed prior to February 1, 1949, shall not exceed the applicable limit in effect at the time of the commission of such offense.

PREFACE

This preface is prescribed for use in conjunction with the Manual for Courts-Martial, U.S. Army, 1949, prepared in the Office of The Judge Advocate General of the Army, when such manual is used by or applied to personnel of the Department of the Air Force and such other personnel as may be under the jurisdiction of the Department of the Air Force. In order to adapt the Articles of War to the personnel of the Department of the Air Force, as provided in the act of June 25, 1948, entitled "An Act to provide for the administration of military justice within the United States Air Force, and for other purposes" (62 Stat. 1014), and in order to adapt the Manual for Courts-Martial, U.S. Army, 1949, for use by the Department of the Air Force, the following definitions, interpretations, adaptations, and additions shall be used to construe the language used in the articles of War and in the Manual for Courts-Martial, U.S. Army, 1949, and to implement the same when applied to the Air Force.

1. The terms "military service of the United States" and "military service" when used in the Articles of War and in the Manual for Courts-Martial, U.S. Army, 1949, to define persons who may be appointed on courts0martial or tried by courts-martial appointed by commanders within the Air Force of the United States shall be deemed to refer only to Air Force personnel and, until 2400 hours, 26 July 1949, to Army personnel under the command and authority of the Chief of Staff, United States Air Force. As such terms are generally used elsewhere in the Articles of War and in the Manual for Courts-Martial, U.S. Army, 1949, they shall be deemed to include the Air Force unless the contrary clearly appears from the context. When the word "military" is used in such terms as "military commander", "military officer", "military superior", "military personnel", "military administration", "military discipline", "military duty", it shall be deemed to refer to the Air Force unless the contrary clearly appears from the context.

2. The term "Army", when used to describe a branch of the National Military Establishment, or when used as an adjective, shall be deemed to mean Air Force unless the contrary clearly appears from the context.

3. The term "armies" shall be deemed to mean Air Force of the United States.

4. The following chart sets forth the Army command enumerated in the Articles of War and in the Manual for Courts-Martial and the Air Force command which shall be considered as "the corresponding unit of the Air Forces".

ARMY AIR FORCE

(1) Army group. (1) Air Command.

(2) Army. (2) Air Force.

(3) Army Corps. (3) No present comparable unit.

(4) Division. (4) Air Division.

(5) Brigade. (5) Wing.

(6) Regiment. (6) Group.

(7) Battalion. (7) Squadron.

(8) Company. (8) Squadron.

5. The phrase "district, garrison, fort, camp, station, or other place where troops are on duty" and the phrase "garrison, fort, camp, or other place where troops are on duty" shall be deemed to include air force bases and air force auxiliary fields. Such terms as "district", "garrison", "fort", "camp", "post", "station", "command", "guard" "quarters", "party", "detachment", "fortification", "encampment" and "premises", whether used individually or collectively, shall be deemed to apply to, consist of, or be upon air force bases and air force auxiliary fields.

6. The terms "Department of the Army" and "Secretary of the Army" or "Secretary of the Department of the Army' shall be deemed to mean Department of the Air Force and Secretary of the Air Force, respectively, except that when the terms "Department of the Army" and "Secretary of the Army" are used with reference to the imprisonment of, or clemency granted to, general prisoners in the United States Disciplinary Barracks, or any of the branches thereof, or in Federal penal institutions, the terms shall, until such time as the authority governing such functions shall be transferred to the Secretary of the Air Force or Department of the Air Force under the National Security Act of 1947 (61 Stat. 496), have their ordinary connotations.

7. The term "Judge Advocate General's Corps" shall be construed to refer to that group of judge advocate officers in the Air Force of the United States constituting a Judge Advocate General's Corps or Department within the Air Force of the United States or designated as Judge Advocates by appropriate orders.

8. The terms "The Judge Advocate General" or "The Judge Advocate General of the Army" and "Assistant Judge Advocate General" or "Assistant Judge Advocates General" shall be construed to refer to The Judge Advocate General and to the Assistant Judge Advocate General or Assistant Judge Advocates General, United States Air Force, respectively.

9. The term "The Adjutant General" shall be construed to refer to the Air Adjutant General, United States Air Force, or those persons in the Air Force of the United States who are charged by law regulations, or customs of the service with performing any functions similar to those performed by The Adjutant General of the Army; provided, however that until 2400 hours, 26 July 1949, where a function is still being performed by the Department of the Army for the Department of the Air Force or the United States Air Force under section 207(f) of the National Security Act of 1947 (61 Stat. 502), and the performance of that function requires that The Adjutant General of the Army continue as the custodian of the records pertaining to that function, the term "The Adjutant General" shall have its ordinary connotation.

10. As the word "cadet" is used in A.W. 2, 14, and 48 and defined in A.W. 1 as "a cadet of the United States Military Academy", such word has no application in the United States Air Force as presently constituted insofar as the administration of military justice is concerned and will be disregarded.

11. The term "soldier", "enlisted man", or "enlisted personnel" shall be deemed to include airman or airmen, depending on the manner in which the term is used.

12. Where reference is made to Army Regulations or other Army publications, such regulations or publications shall be applicable to the Air Force provided the Department of the Air Force has adopted such regulations or publications for use therein. Where reference is made to Army Regulations or other Army publications which have been declared, by proper authority, to be inapplicable to the Air Force, the reference shall be deemed to be a reference to any applicable Air Force publication governing the subject.

13. If prior to 2400 hours, 26 July 1949, the expiration of the transfer period prescribed by section 208(e) of the National Security Act of 1947 (61 Stat. 503), Army personnel under the command and authority of the Chief of Staff, United States Air Force, are designated as members of a court-martial, the record of trial shall include a certificate, signed by the adjutant, assistant adjutant, or other competent authority of the appointing command, indicating that such personnel are under the command and authority of the Chief of Staff, United States Air Force.

14. Members of the Army and members of the Navy are not competent to serve on Air Force courts-martial, provided, however, that within the exception set out in paragraph 13, above, Army personnel under the command and authority of the Chief of Staff, United States Air Force, may serve on Air Force courts-martial until 2400 hours, 26 July 1949.

15. Examples although not exclusive, of the foregoing definitions, interpretations, adaptations, and additions, when the Manual for Courts-Martial, U.S. Army, 1949, is used by the Air Force of the United States, are set forth below.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 4, 1949