General Article

(a)Though not specifically mentioned in this Code, all violations of the criminal laws of Guam or the criminal laws of the federal government of the United States, of which persons subject to the Code may be guilty, shall be taken cognizance of by a general, special or summary court-martial according to the nature and degree of the offense, and punishment shall, at the discretion of that court, be limited to the maximum punishment allowed for such crime or offense by the criminal statutes of Guam or United States.

(b)Although not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in the Guam military forces, all conduct of a nature to bring discredit upon the Guam military forces, and crimes and offenses not capital, of which persons subject to this Code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the punishment allowed for such crime or offense by the criminal statutes of Guam or United States.

(c)Although not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in the Guam military forces, all conduct of a nature to bring discredit upon the Guam military forces, and crimes and offenses not capital, of which persons subject to this Code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

(d)Specifically mentioning a violation in this Code does not preclude the general, special or summary court-martial from taking cognizance of all violations of the criminal laws of Guam or the criminal laws of the federal government of the United States as authorized in

(a)and

(b)above, of which persons subject to this Code may be guilty, and punishment shall, at the discretion of that court, be limited to the maximum punishment allowed for such crime or offense by the criminal statutes of Guam or United States. It is within the sole discretion of the convening authority to determine whether to charge under the specific provisions of this Code or under this general article § 63723.60. The convening authority may charge, at his own discretion, either under a specific provision of this Code or under this general article § 63723.60 for the same offense but not both.