Misbehavior Before the Enemy

Any person subject to this Code shall be punished as a court-martial may direct if that person before or in the presence of the enemy, opposing forces or individuals: (a) runs away; (b) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; (c) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (d) casts away his arms or ammunition; (e) is guilty of cowardly conduct; (f) quits his place of duty to plunder or pillage; (g) causes false alarms in any command, unit, or place under control of the Guam military forces; (h) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, insurgents, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or (i) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the Guam military forces and/or armed forces belonging to the United States or their allies when engaged in battle. SOURCE: UCMJ Art. 99. 2017 NOTE: References to “territorial” altered to “Guam” pursuant to 1 GCA § 420.