(Cir. 75).

Circular
No. 75.

WAR DEPARTMENT,
Washington, February 10, 1919.

DISPOSITION OF DRAFT DESERTERS.

The following War Department policy to settle definitely the status of all men reported by the Adjutant General of the several States and the local draft boards, as draft deserters is announced:

1. The order of the President of November 11, 1918, directing the suspension of mobilization and induction under the Selective Service Law, provided specifically that it did not operate to relieve from the consequence of his acts any registrant who had become a delinquent or a deserter. All department commanders, camp commanders and other authorities competent to receive deserters, are instructed that they shall accept all draft deserters who may be delivered to them in accordance with regulations.

2. Department commanders, commanding officers of camps and other competent authorities will make careful investigation into each case through the medium of an officer or officers, familiar with the Selective Service Regulations and procedure. The officer having general court-martial jurisdiction will set aside the charge of desertion, and discharge under paragraph 131, Army Regulations, such men as investigation may show not to be wilfull deserters; but the charge of desertion will not be set aside unless such investigation has been made, and a report and recommendation in writing has been submitted, by the officer or officers designated, to the officer having general court-martial jurisdiction. All draft deserters with respect to whom the charge of desertion is not so set aside shall be brought to trial before general court-martial in order that, if they are proved guilty, their separation from the service shall not appear to be honorable. If, however, physical examination shows such men physically unfit for service, they may be discharged under paragraph 126, Army Regulations.

3. The Adjutant General of the Army, in collaboration with the Provost Marshal General, is completing the records with reference to draft deserters, and preparing lists for publication, with the names eliminated of those (a) who were not properly chargeable with desertion, and those (b) whose cases have been disposed of prior to the date of these instructions.

4. Until the lists are published the usual efforts toward apprehending and punishing draft deserters will be made.

5. When these lists are published all draft deserters appearing thereon will be considered as any other deserter and action will be taken as prescribed in Army Regulations.

6. The lists of draft deserters will serve two purposes: (a) To inform the Department of Justice and police officials throughout the country of the men who are charged with desertion; and (b) to inform the deserter himself and his friends and acquaintances that a charge of desertion stands against him.

7. Pending further instructions all inquiries for information as to draft deserters will be referred to the Adjutant General of the State concerned.

8. To avoid the humiliation of arrest, by qualified officials, and removal to a camp, post or station under arrest, men charged with draft desertion should voluntarily surrender at the nearest camp, post or station. All commanding officers should publish such information in the vicinity of their commands.

9. Commanding officers may use their own discretion as to whether draft deserters voluntarily surrendering should be placed in confinement or merely retained within the limits of the camp, post or station until their status has been determined. 

(324.71, A.G.O.)

By order of the Secretary of War:

PEYTON C. MARCH,
General, Chief of Staffl

Official:
P. C. HARRIS,
The Adjutant General.

Incl. 1.

Enclosed in: 1919, Feb. 19. Baker to Bickett.