I. Subject to the modifications authorized in subdivision 3 of this
section, the punishment for desertion shall not exceed the following:

1. In the case of a soldier who surrenders--

(_a_) When such surrender is made within thirty days after desertion,
confinement at hard labor, with forfeiture of pay and allowances, for
three months.

(_b_) When such surrender is made after an absence of more than thirty
days and not more than ninety days, confinement at hard labor, with
forfeiture of pay and allowances, for six months.

(_c_) When such surrender is made after an absence of more than ninety
days, dishonorable discharge, with forfeiture of all pay and allowances,
and confinement at hard labor for eighteen months: _Provided_, That in
the case of a deserter who had not been more than three months in the
service the confinement shall not exceed ten months.

2. In the case of a soldier who does not surrender--

(_a_) When at the time of desertion he shall have been less than three
months in the service, dishonorable discharge, with forfeiture of all
pay and allowances, and confinement at hard labor for one year.

(_b_) When at the time of desertion he shall have been three months or
more, but less than six months, in the service, dishonorable discharge,
with forfeiture of all pay and allowances, and confinement at hard labor
for eighteen months.

(_c_) When at the time of desertion he shall have been six months or
more in the service, dishonorable discharge, with forfeiture of all pay
and allowances, and confinement at hard labor for two years and six
months.

3. The foregoing limitations will be subject to modification under the
following conditions:

(_a_) The punishment of a deserter may be increased by one year of
confinement at hard labor in consideration of each previous conviction
of desertion, and also by dishonorable discharge and forfeiture of all
pay and allowances when not already authorized.

(_b_) The punishment for desertion when joined in by two or more
soldiers in the execution of a conspiracy, or for desertion in the
presence of an outbreak of Indians or of any unlawful assemblage which
the troops may be opposing, shall not exceed dishonorable discharge,
forfeiture of all pay and allowances, and confinement at hard labor
for five years.

II. Except as herein otherwise indicated, punishments shall not exceed
the limits prescribed in the following table:

Offenses.