Executive Order 9772—Restoring Limitations Upon Punishments for Certain Violations of Articles of War 58, 59, 61 and 86, as to Offenses Committed in Occupied Emeny Territory

WHEREAS by Executive Order No. 9048 of February 3, 1942,1 and Executive Order No. 9267 of November 9, 1942, the limitations prescribed by the Table of Maximum Punishments, paragraph 104 (c) of A Manual for Courts-Martial, United States Army (1928), for violations of Articles of War 58, 59, 61 and 86, relating, respectively, to desertion, aiding or advising another to desert, absence without leave and misbehavior of sentinels, were suspended until further order as to offenses committed after the effective dates of such orders; and

WHEREAS the suspensions of limitations upon punishments provided by Executive Order No. 9048 of February 3, 1942, and Executive Order No. 9267 of November 9, 1942, were terminated by Executive Order 9683 of January 19, 1946, as to offenses committed after January 19, 1946, except as to offenses theretofore or thereafter committed within occupied enemy territory, which offenses were specifically exempted from the suspensions of limitations upon punishments; and

WHEREAS it is deemed no longer necessary or desirable to continue suspensions of the maximum limitations of punishments for the offenses denounced by the said Articles of War regardless of where committed:

NOW, THEREFORE, by virtue of the authority vested in me by Article of War 45, Chapter II, act of June 4, 1920, 41 Stat. 759, 796, and as President of the United States, it is hereby ordered as follows:

1. The suspensions of limitations upon punishments for violations of Articles of War 58, 59, 61 and 8a6, provided by Executive Order No. 9048 of February 3, 1942, and Executive Order No. 9267 of November 9, 1942, are hereby terminated as to offenses committed in occupied enemy territory after the effective date of this order.

2. Punishments for violations of Articles of War 58, 59, 61, and 86 as to offenses committed in occupied enemy territory after the effective date of this order shall be subject to the limitations prescribed by the Table of Maximum Punishments, paragraph 104 (c) of A Manual for Courts-Martial, United States Army (1928).

This order shall be effective as of the date hereof.

HARRY S. TRUMAN

THE WHITE HOUSE,

August 24, 1946