The Code was prescribed by the President of the United States in 1955 as a simple, written creed applying to all members of the armed forces of the United States. The words of the Code, presented in six articles, state the principles that Americans have honored in all the wars this country has fought since 1776.

The Code is not intended to provide guidance on every aspect of military life. For that purpose there are military regulations, rules of military courtesy, and established customs and traditions. The Code is in no way connected with the Uniform Code of Military Justice (UCMJ). The UCMJ has punitive powers; the Code does not.

The six articles of the Code can be divided into three categories. Articles I and VI are general statements of dedication to country and freedom. Conduct on the battlefield is the subject of Article II. Articles III, IV, and V concern conduct as a prisoner of war.

Article I

l I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.

It is a long-standing tradition of American citizens to answer the call to arms willingly when the peace and security of this nation are threatened. Patrick Henry stated it best in the early days of our country when he said, " . . . give me liberty or give me death." Nathan Hale, captured by the British during the revolutionary war and charged with spying, personified the spirit of an American fighting for freedom, when he spoke the immortal words, "I only regret that I have but one life to lose for my country," just before his execution by hanging.

More recently, the threat to America has been less obvious as small countries, such as South Korea and South Vietnam, have borne the brunt of attacks by the enemy. Nevertheless, Americans have risen to the challenge and have proven their dedication and willingness to make the supreme sacrifice as much as in any of the wars in our history.

In June 1965, Construction Mechanic Third Class David G. Shields served with U.S. Navy Seabee Team 1104 at Dong Koai, supporting 5th Special Forces Group (Airborne), 1st Special Forces. Although wounded when a reinforced Viet Cong regiment using a machine gun, heavy weapons, and small arms placed intensive fire on the unit, CM3 Shields continued to resupply his fellow Americans with needed ammunition to return the enemy fire for a period of approximately 3 hours. Wounded a second time during this attack, CM3 Shields assisted in carrying a more critically wounded man to safety. Then, he resumed firing at the enemy for 4 more hours. CM3 Shields unhesitantly volunteered to accompany the commander and knock out an enemy machine gun emplacement that was endangering the lives of all personnel in the compound because of the accuracy of the enemy fire. Advancing toward the objective with a 3.5-inch rocket launcher, the two men succeeded in destroying the enemy machine gun emplacement, undoubtedly saving the lives of many of their fellow servicemen.

CM3 Shields fell mortally wounded by hostile fire while returning to his position. He was later awarded the Medal of Honor for his courageous actions. His bold initiative and fearless devotion to duty are perfect examples of the meaning of the words of Article I of the Code.

Article II

l I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist. This is an American tradition that dates back to the revolutionary war. An individual may never voluntarily surrender himself. If isolated and unable to fight the enemy, he is obligated to evade capture and rejoin friendly forces at the earliest possible time.

John Paul Jones always comes to mind when one reads Article II of the Code. In 1779 the captain of the Bonhomme Richard challenged two British ships of war, the Serapis and the Countess of Scarborough. Old, slow, and hopelessly outclassed the Bonhomme Richard was being badly battered, repeatedly set on fire, and rapidly falling with water when the captain of the Serapis called, "Do you ask for quarter?"

"I have not yet begun to fight," replied John Paul Jones. Hours later, the Serapis struck her flag; and Jones and his crew boarded and captured the British ship as they watched their own ship sink

When a unit is involved, the officer in command may never surrender that unit to the enemy while it has the power to resist or evade. A unit that is cut off or surrounded must continue to fight until it is relieved by, or able to, rejoin friendly forces.

Article III

l If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.

Article IV

. If I become a prisoner of war, I will keep faith with my fellow prisoners

. I will give no information or take part in any action which might be harmful to my comrades

. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

Article V

l When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its Allies or harmful to their cause.

The misfortune of being captured by the enemy does not end a Seabee's usefulness to his country. His duty is to continue to resist the enemy by all possible means and to escape and assist others to escape. A Seabee may not accept parole from the enemy or special favors, such as more food, warm clothes, less physical restrictions, and so forth, in return for promises not to escape or for informing or providing information to the enemy.

Informing, or any other action endangering the well-being of a fellow prisoner, is forbidden. Prisoners of war must not help the enemy by identifying fellow prisoners who may have knowledge of particular value to the enemy and who may, therefore, be made to suffer brutal interrogation.

Strong leadership is essential to discipline.

Organization, resistance, and even survival may be extremely difficult without discipline. Personal hygiene, sanitation, and care of the sick and wounded prisoners of war are an absolute "must." All United States officers and noncommissioned officers must continue to carry out their responsibilities and exercise their authority if captured.

The senior line officer or noncommissioned officer within a prisoner of war camp, or a group of prisoners, must assume command according to rank or date of rank, without regard to branch of service. He is the lawful superior of all lower ranking personnel. If the senior officer or noncommissioned officer is incapacitated or unable to command for any reason, command must be assumed by the next senior man. This responsibility cannot be avoided.

Article VI

l I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

Article VI and Article I of the Code are quite similar. The repeated words I am an American, fighting for freedom, are perhaps the most important words of the Code, because they signify each American's faith and confidence in his God, his country, and his service. Since John Paul Jones made his defiant reply, "I have not yet begun to fight," to the present, Americans have traditionally fought the enemy wherever they were found and with whatever weapons were available. When captured, the American, fighting for freedom, has continued the battle in a new arena. When facing a Communist interrogator, they have been under fire just as though bullets and shell fragments were flying about them. Disarmed, the POW has fought back with mind and spirit, remaining faithful to their fellow POWs, yielding no military information, and resisting every attempt of indoctrination. Every Seabee has the responsibility to honor these traditions by carefully adhering to the meaning of each article of the Code. The many Americans who have accepted this responsibility are heroes in the finest sense of the word.

In February 1966, Lieutenant (jg) Dieter Dengler, USNR, was on a bombing mission over North Vietnam when his aircraft was badly damaged by ground fire. LTJG Dengler crash-landed his aircraft in nearby Laos and attempted to evade capture. After successfully evading the enemy for 1 day, he was captured and led to a village where he was interrogated and told to sign a Communist propaganda statement condemning the United States. LTJG Dengler's repeated refusal to give more than his name, rank, service number, date of birth, or to sign any statements, resulted in severe beatings. When he continued to refuse to answer questions, he was tied behind a water buffalo that dragged him through the brush. The interrogations and beatings continued for 3 days, but LTJG Dengler refused to give in. Later, he escaped from his guards but was recaptured and again severely beaten. After 6 months in captivity, LTJG Dengler successfully escaped, killing several enemy guards in the process. On the seventeenth day, a pilot who escaped with him was killed, and LTJG Dengler had to continue alone. Although suffering from malnutrition, jaundice, fatigue, and badly cut and swollen feet, LTJG Dengler refused to give up. Finally, on the twenty-second day after his escape, he managed to lay out a crude SOS on a bed of rocks and attract the attention of a United States Air Force aircraft. Later, a rescue helicopter plucked him to safety and ended his ordeal.

The stories of Americans, fighting for freedom, have steadfastly followed both the spirit and letter of Articles III, IV and V of the Code are numerous.

CONCLUSION

We all recognize that full compliance with the laws of armed conflict is not always easy, especially in the confusion and passion of battle. For instance, you might be extremely angry and upset because your unit has taken a lot of casualties from enemy booby traps or hit-and-run tactics. But you must NEVER engage in reprisals or acts of revenge that violate the laws of armed conflict.