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.Limit of punishment.
Under seventeenth article of war.
Selling horse or arms, either or both Three years' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19]
Selling accouterments Four months confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19]
Selling clothing Two months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19]
Losing or spoiling horse or arms through neglect Four months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19]
Losing or spoiling accouterments or clothing through neglect One month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto.[19]
Under twentieth article of war.
Behaving himself with disrespect toward his commanding officer Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Under twenty-fourth article of war.
Refusal to obey or using violence to officer or noncommissioned officer while quelling quarrels or disorders Dishonorable discharge, with forfeiture of all pay and allowances, and imprisonment for 2 years.
Under thirty-first article of war.
Lying out of quarters Forfeiture of $2; corporal, $3; sergeant, $4.
Under thirty-second article of war.
Absence without leave—
Less than 1 hour (not including absence from a roll call) Forfeiture of 50 cents; corporal, $1; sergeant, $2.
Less than 1 hour (including absence from a roll call) Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or noncommissioned officer of higher grade, $4.
From 1 to 6 hours Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or noncommissioned officer of higher grade, $5.
From 6 to 12 hours Forfeiture of $3; corporal, $4; sergeant, $6; first sergeant or noncommissioned officer of higher grade, $7.
From 12 to 24 hours Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or noncommissioned officer of higher grade, $10.
From 24 to 48 hours Forfeiture of $6 and 5 days' confinement at hard labor. For corporal, forfeiture of $8; sergeant, $10; first sergeant or noncommissioned officer of higher grade, $12; or for all noncommissioned officers, reduction.
From 2 to 9 days Forfeiture of $10 and 10 days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.
From 10 to 29 days Forfeiture of $20 and 1 month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto.
From 30 to 90 days Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto.
For more than 90 days Dishonorable discharge and forfeiture of all pay and allowances and 3 months' confinement at hard labor.
Under thirty-third article of war.
Failure to repair at the time fixed, etc., to the place of parade for—
Reveille or retreat roll call Forfeiture of 50 cents; corporal, $1; sergeant, $2; first sergeant, $3.
Guard detail Forfeiture of $5; corporal, $8; sergeant, $10.
Fatigue detail
Dress parade
The weekly inspection
Target practice
Drill
Guard mounting (by musician)
Stable duty
Forfeiture of $2; corporal, $3; sergeant, $5.
Under thirty-eighth article of war.
Drunkenness on—
Guard Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Duty as company cook Forfeiture of $10.
Extra or special duty
At drill
At target practice
At parade
At inspection
At inspection of company guard detail
At stable duty
Forfeiture of $6; for noncommissioned officer, reduction and forfeiture of $10.
Under fortieth article of war.
Quitting guard Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Under fifty-first article of war.
Persuading soldiers to desert Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Under sixtieth article of war Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment.
Under sixty-second article of war.
Manslaughter Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' imprisonment.
Assault with intent to kill Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' imprisonment.
Burglary Dishonorable discharge, forfeiture of all pay and allowances, and 5 years' imprisonment.
Forgery Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment.
Perjury Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment.
False swearing Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' imprisonment.
Robbery Dishonorable discharge, forfeiture of all pay and allowances, and 6 years' imprisonment.
Larceny or embezzlement of property of the value of—[20]
More than $100 Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment.
$100 or less and more than $50 Dishonorable discharge, forfeiture of all pay and allowances, and 3 years' imprisonment.
$50 or less and more than $20 Dishonorable discharge, forfeiture of all pay and allowances, and 2 years' imprisonment.
$20 or less Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's imprisonment.
Disobedience of orders, involving willful defiance of the authority of a noncommissioned officer in charge of a guard or party Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Using threatening or insulting language or behaving in an insubordinate manner to a noncommissioned officer in the execution of his office One month's confinement at hard labor and forfeiture of $10; for while noncommissioned officer, reduction in addition thereto.
Absence from fatigue duty Forfeiture of $4; corporal, $5; sergeant, $6.
Absence from extra or special duty Forfeiture of $4; corporal, $5; sergeant, $6.
Absence from duty as company or hospital cook Forfeiture of $10.
Introducing liquor into post or camp in violation of standing orders Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.
Drunkenness at post or in quarters Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.
Drunkenness and disorderly conduct, causing the offender's arrest and conviction by civil authorities at a place within 10 miles of his station Forfeiture of $10 and 7 days' confinement at hard labor; for noncommissioned officer, reduction and forfeiture of $12.
Noisy or disorderly conduct in quarters Forfeiture of $4; corporal, $7; sergeant, $10.
Abuse by noncommissioned officer of his authority over an inferior Reduction, 3 months' confinement at hard labor, and forfeiture of $10 per month for the same period.
Noncommissioned officer encouraging gambling Reduction and forfeiture of $5.
Noncommissioned officer making false report Reduction, forfeiture of $8, and 10 days' confinement at hard labor.
Sentinel allowing a prisoner under his charge to escape through neglect Six months' confinement at hard labor and forfeiture of $10 per month for the same period.
Sentinel willfully suffering prisoner under his charge to escape Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's imprisonment.
Sentinel allowing a prisoner under his charge to obtain liquor Two months' confinement at hard labor and forfeiture of $10 per month for the same period.
Sentinel or member of guard drinking liquor with prisoners Two months' confinement at hard labor and forfeiture of $10 per month for the same period.
Disrespect or affront to a sentinel Two month's confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Resisting or disobeying sentinel in lawful execution of his duty Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.
Lewd or indecent exposure of person Three month's confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

III. (1) When a soldier shall be found guilty of an offense cognizable when committed for the first time by an inferior court-martial, his punishment therefor may exceed the prescribed limit by one-half if it shall appear that during his current enlistment and within two years preceding his trial he has been once convicted of one offense or more; it may be doubled if he has been twice so convicted, and it may be increased by one-half of the prescribed limit for every such previous conviction: Provided, That upon proof of five or more previous convictions the 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: