ELEMENTS
(1) Running away.
(a) That the accused was before or in the presence of the enemy;
(b) That the accused misbehaved by running away; and
(c) That the accused intended to avoid actual or impending combat with the enemy by running away.
(2) Shamefully abandoning, surrendering, or delivering up command.
(a) That the accused was charged by orders or circumstances with the duty to defend a certain command, unit, place, ship, or military property;
(b) That, without justification, the accused shamefully abandoned, surrendered, or delivered up that command, unit, place, ship, or military property; and
(c) That this act occurred while the accused was before or in the presence of the enemy.
(3) Endangering safety of a command, unit, place, ship, or military property.
(a) That it was the duty of the accused to de-fend a certain command, unit, place, ship, or certain military property;
(b) That the accused committed certain disobedience, neglect, or intentional misconduct;
(c) That the accused thereby endangered the safety of the command, unit, place, ship, or military property; and
(d) That this act occurred while the accused was before or in the presence of the enemy.
(4) Casting away arms or ammunition.
(a) That the accused was before or in the presence of the enemy; and
(b) That the accused cast away certain arms or ammunition.
(5) Cowardly conduct.
(a) That the accused committed an act of cowardice;
(b) That this conduct occurred while the accused was before or in the presence of the enemy; and
(c) That this conduct was the result of fear.
(6) Quitting place of duty to plunder or pillage.
(a) That the accused was before or in the presence of the enemy;
(b) That the accused quit the accused’s place of duty; and
(c) That the accused’s intention in quitting was to plunder or pillage public or private property.
(7) Causing false alarms.
(a) That an alarm was caused in a certain command, unit, or place under control of the armed forces of the United States;
(b) That the accused caused the alarm;
(c) That the alarm was caused without any reasonable or sufficient justification or excuse; and
(d) That this act occurred while the accused was before or in the presence of the enemy.
(8) Willfully failing to do utmost to encounter enemy.
(a) That the accused was serving before or in the presence of the enemy;
(b) That the accused had a duty to encounter, engage, capture, or destroy certain enemy troops, combatants, vessels, aircraft, or a certain other thing; and
(c) That the accused willfully failed to do the utmost to perform that duty.
(9) Failing to afford relief and assistance.
(a) That certain troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or an ally of the United States were engaged in battle and required relief and assistance;
(b) That the accused was in a position and able to render relief and assistance to these troops, combatants, vessels, or aircraft, without jeopardy to the accused’s mission;
(c) That the accused failed to afford all practicable relief and assistance; and
(d) That, at the time, the accused was before or in the presence of the enemy.
