Executive Order 10349—Declaring the Commissioned Corps of the Public Health Service to Be a Military Service and Prescribing Regulations Therefor

By virtue of the authority vested in me by section 215 of the Public Health Service Act (58 Stat. 690), and the authority vested in me by section 216 of that Act (58 Stat. 690) as continued by the Emergency Powers Interim Continuation Act, approved April 14, 1952 (Public Law 313, 82nd Congress), and as President of the United States and Commander in Chief of the land and naval forces of the United States, I hereby declare the Commissioned Corps of the Public Health Service to be a military service and a branch of the land and naval forces of the Untied States from the date of this order to and including June 1, 1952. The Commissioned Corps of the Public Health Service during such period shall be subject to the Uniform Code of Military Justice to the extent prescribed in the following regulations: 1. The Uniform Code of Military Justice is hereby adapted to apply to officers of the Commissioned Corps of the Public Health Service in the same manner and to the same extent as it applies to the commissioned officers of the armed forces under like circumstances. 2. Any member of the Commissioned Corps of the Public Health Service who violates any provision of the Uniform Code of Military Justice shall be subject to trial and punishment as prescribed therein. The authority conferred by the Uniform Code of Military Justice upon the Secretary of the Navy shall be vested in the Federal Security Administrator; the authority conferred by the Uniform Code of Military Justice on a Commander in Chief of a fleet of the Navy shall be vested in the Surgeon General of the Public Health Service; and the authority conferred by the Uniform Code of Military Justice on the Judge Advocate General of the Navy shall be vested in the General Counsel of the Federal Security Agency. The authority conferred upon such officers by this paragraph shall not be delegated. 3. Commissioned officers of the Public Health Service now or hereafter detailed for duty with the armed forces shall be subject to the laws applicable to the service to which they are detailed as prescribed by law. In the initiation, prosecution, and completion of disciplinary action, including remission or mitigation of punishments for any offense which has been or may be committed by any commissioned officer of the Public Health Service while detailed for duty with the armed forces, the jurisdiction shall depend upon and be in accordance with the laws and regulations applicable to the armed force which has jurisdiction of the person of the offender at the various stages of such action: Provided, that any punishment imposed and executed in accordance with the provisions of this paragraph shall not exceed that to which the offender was liable at the time of the commission of the offense. 4. The Manual for Courts-Martial, United States, 1951, and modifications or revisions thereof, shall govern the conduct of courts-martial in the Public Health Service. 5. All offenses committed and all penalties, forfeitures, fines, or liabilities incurred prior to the date of this order under any Executive order or regulation embraced in, or modified, changed, or revoked by, this order may be prosecuted, punished, and enforced, and action thereon may be completed, in the same manner and with the same effect as if this order had not been issued. This order supersedes Executive Order No. 9575 of June 21, 1945, entitled "Declaring the Commissioned Corps of the Public Health Service To Be a Military Service and Prescribing Regulations therefore". HARRY S. TRUMAN THE WHITE HOUSE, April 26, 1952