Evening star., 1948-04-07
Special Courts 10 Try
1rainees Proposed
By Military Chiefs
By Robert K. Welsh

By Robert K. Welsh
A system of National Security
Training Courts to replace court
martial procedure in trying youths
serving in universal military train
ing program was proposed today by
military chiefs before the Senate
Armed Services Committee.
The code of conduct" recon-
nended by the national military
establishment in a tentative bill for
UNIT and selective service. fixes pen
alties ranging from $500 to $4,000 in
fines and Imprisonment from six
months to two years for trainees
found guilty of violating the pro-
posed UNIT code.
In general, the provisions leave
sentences to the discretion of the
training courts, subject to action by
reviewing authority. The bill states
that no trainee subject to the code
could be tried or punished by a
training court for any offense COM
mitted more than a year before
arraignment.
The code would not exempt
trainees from prosecution in Federal
and State courts for offenses against
Federal and State laws.
Two Forms of Punishment.
The code sets up two forms Of
punishment: First, disciplinary pun
ishment administered by the COM
manding officer unless the trainee
demands trial, and second, trial
before National Security Train
ing Court.
Such court would consist of five
officers of the service to which the
trainee is assigned for training" A
quorum of the court would require
three members, one of whom would
be major or lieutenant commander
or above.
The senior member of the court
shall be the president" the bill pro-
vides. "One member of the court,
If practicable, shall be lawyer and
shall act as law member of the
court. The court shall not in
clude the accuser or the immediate
commanding officer of the accused,
or the investigating officer or wit
ness for the prosecution or defense" !"
The code lists the following penal
ties that court could impose:
Admonition, reprimand, withholding
Of privileges for not to exceed three
months, extra duty not exceeding
three months, restriction to certain
limits with or without extra duty,
confinement with or without useful
work not to exceed three months
and forfeiture or withholding of
one-half of the cash allowance per
month, not to exceed the period of
confinement.
Penalties for Offenses.
The other sections the bill pro-
vides the following penalties for
specific offenses:
Desertion or attempted desertion,
maximum fine of 50, 900 or two years
imprisonment or both; q similar
penalty for advising or aiding deser-
tion; escape from confinement,
maximum $1,000 fine or six months
imprisonment or both.
Striking or assaulting officers or
other persons in authority, maxi
mum fine of $4,000 or imprisonment
for one year or both: collective IN
subordtnation, d maximum fine of
$4,000 or one year imprisonment or
both.
Collective INSTRUMENTATION is de-
fined as ANY concerted action In
the nature of a strike, including q
sitdown or AZ showdown striKe or
walkout, picketing OF boycott which
tends to hinder or impede training"
Failure to suppress collective in
subordination, maximum fine of
$500 or six months Imprisonment or
both; willful destruction of prop
erty, maximum fine Of $500 or i'm
prisonment for six months or both:
q similar penalty for waste or un-
lawful disposal of property.
Two-Thirds Vote on Verdicts.
Among offenSes over which the
court would be given discretion to
impose penalties are: Absence with
out leave, disrespect and insubordi-
nation, release of prisoner, drunken
or disorderly conduct, drunkenness
or sleeping on sentinel duty, carry
ing concealed weapons without
proper authority, unauthorized dis
charge of firearms, possession of in
toxicating liquor, indecent exposure
and embeZzlement or stealing of
money or property valued at less
than $40.
The bill provides that charges
must be filed within 48 hours after
the arrest of trainee and that
verdicts and sentences would require
a two-thirds vote of the court. Re-
fusal of a witness to appear and
testify would subject him to a pos
sible $500 maximum fine or i'm
prisonment up to six months.
There is provision for dishonorable
discharge but, in general, such a
penalty would be imposed only on
proof Of two previous convictions
for violation of the code, or if the
court is satisfied that the trainee is
incorrigible. A dishonorable dis
charge, however, would not prevent
the trainee from being reinducted
on recommendation of the Secretary
of the Army, Navy or Air Force.
Defense