Disability retirement-Cont'd
Review or reconsideration of deter-

minations as to-Cont'd
evidence, insufficiency to consti-
tute new evidence Retire § 31.1
fitness determinations of Medi-
cal Disposition Board and Air
Force Retiring Board, review
by Court of Claims

Retire § 31.1
revocation or reopening of eval-
uation of per centum of dis-
ability
... Retire § 67.1
settlement, acceptance as release
of claim for additional retro-
active retired pay based on
correction of records

on

Records § 19.41
Temporary disability retired list-
elimination from active list, in-
cluding time on retired list
in computing severance pay
Officers § 147.41
meals free, person on list sub-
mitting to periodic physical
examination as not entitled to
Hosp, Med, etc § 1.21
member of AUS without com-
ponent, necessity of return
to active duty on application
for reenlistment.. EM § 33.3
reappointment to active list up-
on removal from, after age for
mandatory retirement
Retire § 51.1
travel allowance for person sub-
mitting to periodic physical
examination

Hosp, Med, etc § 1.21
twenty-year retirement law, en-
listed man's right to retire-
ment under .... Retire § 35.3
undesirable discharge on convic-
tion by civil court not author-
ized in case of persons on
EM § 57.45
Voluntary nondisability retirement
as affecting right to Retire § 20.1
Disability review board

See also PHYSICAL EVALUATION
BOARD

Date of certification of entitlement
to Veterans' Administration as
effective date of entitlement to
retired pay in cases reviewed by
disability review board

Retire § 31.1

Disability review board-Cont'd
Jurisdiction-

absence of, in case in which re-
lease from active duty was not
effected by reason of physical
disability
Retire § 31.1

reserve officers, cases of

Retire § 31.1

Secretary of the Army, right to
base disability determination
on recommendations of dis-
ability review board which
was without jurisdiction
Retire § 31.1

Disability severance pay
Court-martial sentence including
total forfeitures, inception of
disability while serving

Pay § 17.1
Retired pay precluded by receipt
of
Retire § 51.21
Discharge

Bad conduct, see BAD CONDUCT
DISCHARGE

Conviction by civil court as
ground-

probation by suspending imposi-
tion of sentence as not a con-
viction
EM § 73.1

temporary disability retired list,
EM § 57.45

person on
Disability discharge, notice and
hearing prior to Mil Pers § 75.11
Dishonorable, see DISHONORABLE
DISCHARGE
Homosexuals

Mil Pers § 73.51
Sent & Pun § 11.3

Reserve obligations of airman,
power of Secretary of Air Force
to discharge
Res F§ 41.5
Reserve officers, see RESERVE
FORCES

Retired persons, see RETIRED LIST
Review of, see BOARD OF REVIEW,
DISCHARGES AND DISMISSALS
Revocation of discharge for pur-
pose of reenlistment because of
mental incapacity... EM § 69.3
Undesirable-

conviction by civil court while
on temporary disability re-
tirement list .... EM § 57.45
discretion of Secretary of Army
to give person under court-
martial sentence undesirable
discharge or retirement for
physical disability

Retire § 20.41
persons given, as ineligible for
benefits of Title IV of the
Career Compensation Act of
Retire § 20.41

1949
Warrant officer, honorable dis-
charge withheld on return for
corrections, right to, after issu-
ance of general discharge cer-
tificate Warr & Fl Off § 49.1

Discreditable conduct

See CONDUCT PREJUDICIAL, ETC.

Dishonorable discharge
Correction of records to show gen-
eral discharge by reason of dis-
ability
Sent & Pun § 58.1
Execution of prior bad conduct
discharge, removal of dishonor-
able discharge imposed after

Crt-M § 49.1
Execution of prior bad conduct
discharge, revocation to execute
dishonorable discharge

Sent & Pun § 13.1
Executive Order as to absence
without leave punishable by, ex
post facto operation of

AWOL § 27.1
Pardon as not authorizing change
in type of discharge

Sent & Pun § 58.1
Partial forfeitures as not incon-
sistent with Sent & Pun § 23.1
Pay and allowances of person un-
der suspended sentence of

Sent & Pun § 23.1
Total forfeitures and dishonorable
discharge, accrual of pay until
sentence is executed though for-
feiture takes place on date sen-
tence approved by convening au-
thority
Sent & Pun § 35.4

Disobedience of orders and regula-

tions-Cont'd

Burden of proof-Cont'd

exchange items, purpose to re-
sell and status of resale cus-
tomer
Disobed § 35.3
illegality of order Disobed § 35.7
Bureau of Supplies and Accounts

Manual-

tained in

as general order. Disobed § 16.1
judicial notice of regulation con-
Disobed § 45.1
Charges and specifications-
definiteness
Disobed § 27.1
dereliction of duty, alleging un-
der UCMJ, Art 134 rather
than Art 92 .. Disobed § 27.1
exceptions in regulations, neces-
sity of allegation negativing
Disobed § 33.9
knowledge of order or regula-
tion-

failure to allege Disobed § 27.5
instructing that allegation not

necessary Disobed § 35.3
multiplicity arising from charg-
ing AWOL, failure to obey or-
ders and dereliction of duty
arising out of same transac-
tion
AWOL § 51.1
Clearance of books, manuscripts,
public statements, etc., by mili-
tary personnel, regulations re-
quiring, see PUBLICATIONS
Corpus delicti, sufficiency of evi-
dence
Evid § 124.7
Curfew regulations as not promul-
gated to increase punishment for
minor offense Disobed § 63.5
Definiteness of regulation,

see

Lawfulness of order or regula-
tion, infra this topic

Dereliction of duty, charging un-

der Art 134 rather than 92

Disobed § 27.1

Dereliction of duty, evidence held
sufficient to show Disobed § 49.1
Drugs or narcotics as affecting
specific intent, evidence held in-
sufficient
Trial § 57.9
Exceptions in regulations-
burden of proof

Disobed §§ 33.9, 51.1
instructions on, necessity where

there is no evidence of affirma-
tive defense based on excep-

Disobed § 35.11
General order or regulation-
applicability to accused-
regulation imposing on com-
mander's duty to collect,
register and store private

weapons as not violated by
possession of unregistered
knife
Disobed § 45.1
Bureau of Supplies and Ac-
counts Manual as

Disobed § 16.1
clearance of books, manuscripts,
public statements, etc, by mili-
tary personnel, regulations re-
quiring, see PUBLICATIONS
company commander's orders
Disobed § 16.1

exchange of United States cur-
rency for Military payment
certificates evidence held in-
sufficient to establish violation
of order requiring

Disobed § 45.1
lawfulness of order, infra this
topic

pilot's actions under changing
weather conditions, evidence
held to establish violation of
regulation governing

Giving of order-

Disobed § 45.1

direct order to travel in convoy,
failure of record to disclose
AWOL § 51.1

Instructions to court-
acceptance of gifts from in-
feriors in violation of regula-
tion, sufficiency of instructions
on elements of offense

Disobed § 35.3

affirmative defense not placed in
issue, necessity of instruction

tion

... Disobed § 51.1

on

Disobed § 51.1

Disobedience of orders and regula-
tions-Cont'd

Instructions to court-Cont'd
argument of defense counsel as
substitute for law officer's fail-
ure to give requested instruc-
tion
Disobed § 35.3
insufficient instructions on ele-
ments of offense as not waived
by failure to object where in-
structions were given in lan-
guage of Manual

Disobed § 35.3
intent of person issuing order—
failure to instruct on

Disobed § 19.1

requiring affirmative finding
of illegal intent in order to
justify finding of not guilty
Disobed § 19.1

intoxication-
defense evidence of sobriety
presented in connection with
companion charge of being
drunk on duty as an elec-
tion and waiver of right to
instructions on effect of in-
toxication

Disobed § 35.3
evidence held insufficient to
require instructions on
Disobed § 35.3
knowledge of order or regula-

tion-
allegation of, instructing on
Disobed § 35.3
proof of, instructing on

Disobed § 35.3
regulations of United States
Northeast Command, in-
structions on knowledge of
as unnecessary

Disobedience of orders and regula-
tions-Cont'd

Instructions to court-Cont'd
physical incapacity, instructions
as unnecessary where inca-
pacity is induced by mental
condition and instructions on
insanity are given

Disobed § 51.1
pilot's actions under changing
weather conditions, sufficiency
of instructions on regulation
governing ... Disobed § 45.1
requested instructions as to pur-

pose, sufficiency of instruc-
tions given ... Disobed § 35.3
Knowledge of order or regula-
tion-

allegation of, see Charges and
specifications, supra this topic
evidence sufficient to establish

Disobed § 51.1
instructions to court, supra this
topic

regulations of commands infe-
rior to those listed in par
154a (4) of the Manual, neces-
sity of proof of actual or con-
structive knowledge

Disobed § 35.3
testimony of accused as insuffi-
cient to rebut Disobed § 51.1
Lawfulness of order or regula-
tion-

Air Force regulation making
summer coat an optional item,
order of local commander in
contravention of

Lawfulness of order or regulation
-Cont'd

order to perform duty imposed
as punishment, imposition by
other than commanding offi-
Disobed § 19.3

cer

possession of goods in excess of
amount reasonably necessary
for personal use except those
manufactured in Korea or im-
ported by licensed importer,
regulation prohibiting

Disobed § 33.9
present arms order as not vio-
lating freedom of religion

Disobed § 19.1
Mil Pers § 1
presumption of legality of order
of superior officer

Disobed § 35.7
private purpose, order in fur-
therance of .. Disobed § 19.6
punishment, order given for pur-

pose of increasing-
evidence held to establish
order was not given for
purpose of increasing pun-
ishment Disobed § 19.1
intent of person giving order,
legality as dependent upon
Disobed § 19.1
present arms order as not il-
legal
Disobed § 19.1
Line of duty cases, see LINE OF
DUTY AND MISCONDUCT
Off-limits area, wrongfully enter-
ing-

best evidence of order placing
area off limits, waiver of
Disobed § 35.3

instructions to court

Disobedience of orders and regula-

tions-Cont'd

Possession of goods in excess of
amount reasonably necessary

for personal use except those
manufactured in Korea or im-
ported by licensed importer, evi-
dence held insufficient to show
violation of regulation pro-
hibiting
Disobed § 33.9
Private purpose, illegality of order
in furtherance of Disobed § 19.6
Punishment-

dismissal and total forfeiture as
too severe for technical viola-
tion of regulations

Mil Pers § 82.69
legality of orders given for pur-
pose of increasing, see Law-
fulness of order, supra this
topic

offenses listed elsewhere in

Table-
generally

Disobed§ 63.5
AWOL § 51.1

breach of restriction in viola-
tion of order, punishment
for breach of restriction as
applicable to Disobed § 63.5
carrying knife in violation of
orders, punishment for car-
rying concealed weapons as
applicable to

Disobed § 63.5
curfew regulations, punish-
ment for breach of admin-
istrative restriction as in-
applicable to violation of
Disobed § 63.5

drugs, disobedience of orders
involving use or possession
of, punishment for use or
possession of drugs as in-
applicable to

Disobed § 63.5
failure to report to labor de-
tail as ordered, punishment
for failure to report for
duty as applicable to

Disobed § 63.5