punishment may be that authorized for a fifth
conviction, or dishonorable discharge with forfeiture of all pay and
allowances. When found guilty of an offense cognizable only by a general
court-martial, and on proof of five or more previous convictions within
the two years, dishonorable discharge with forfeiture of all pay and
allowances may be added to any confinement at hard labor. And when
a noncommissioned officer shall be found guilty of an offense not
punishable by reduction, reduction may be added to the punishment if it
shall appear that he has been convicted of a military offense within one
year and during his current enlistment.
(2) After arriving at the findings a court-martial may be opened to
receive evidence of previous convictions. These convictions must be
proved by the records of previous trials or by duly authenticated orders
promulgating the same, showing the actual offenses of which the soldier
was convicted, except in the cases of convictions by summary court, when
a duly authenticated copy of the record of said court shall be deemed
sufficient proof. Charges forwarded to the authority ordering a general
court-martial or submitted to a summary garrison or regimental court
must be accompanied by the proper evidence of such previous convictions
as may have to be considered in determining upon a sentence. Paragraphs
1017 and 1018 of the Regulations are superseded by this order.
IV. This order prescribes the _maximum_ limit of punishment for the
offenses named, and this limit is intended for those cases where the
severest punishment should be awarded. In other cases the punishment
must be graded down according to the extenuating circumstances. Offenses
not herein provided for remain punishable as authorized by the Articles
of War and the custom of the service.
V. Summary courts are subject to the restrictions named in the
eighty-third article of war. Soldiers against whom charges may be
preferred for trial by summary court shall not be confined in the
guardhouse, but shall be placed in arrest in quarters before and during
trial and while awaiting sentence, unless in particular cases restraint
may be deemed necessary.
VI. The following substitutions for punishments named in Section II of
this order are authorized, at the discretion of the court:
Detention of pay to the extent of four times the amount of the
forfeiture; two days' confinement at hard labor for $1 of forfeited pay;
one day's soli
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