<P> After the termination of the hostilities in Korea and the subsequent release of American prisoners of war, twenty - one Americans chose to remain in China, refusing repatriation . Many former U.S. prisoners coming back to their homeland were criminally charged and tried for offenses that "amounted to treason, desertion to the enemy, mistreatment of fellow prisoners of war, and similar crimes ." The emotions and compassion of the public were aroused, as graphic details of the inhumane treatment of U.S. POWs in communist prison camps surfaced during the trials . Public discussion caused intense arguments over what should have been done about Americans who were "brainwashed" in Korea and what to do about those in future wars who may be the recipients of similar bloody treatment . </P> <P> On August 7, 1954, the United States Secretary of Defense directed that a committee be formed to recommend a suitable approach for conducting a comprehensive study of the problems related to the entire Korean War POW experience . The work of that committee resulted in the May 17, 1955 appointment of the Defense Advisory Committee on Prisoners of War, headed by Carter L. Burgess, assistant secretary of defense for Manpower and Personnel . The committee took heed of the ongoing divisive debate, noting that while all services had regulations governing the conduct of prisoners of war, "the United States armed forces have never had a clearly defined code of conduct applicable to American prisoners after capture ." </P> <P> Colonel Franklin Brooke Nihart, USMC, worked at Marine Corps headquarters throughout the summer of 1955, outlined his ideas in longhand and the Code of Conduct was established with the issuance of Executive Order 10631 by President Dwight D. Eisenhower on 17 August 1955 which stated, "Every member of the Armed Forces of the United States are expected to measure up to the standards embodied in the Code of Conduct while in combat or in captivity ." It has been modified twice--once in 1977 by President Jimmy Carter in Executive Order 12017, and most recently in President Ronald Reagan's Executive Order 12633 of March 1988, which amended the code to make it gender - neutral . </P> <P> Notably, the code prohibits surrender except when "all reasonable means of resistance (are) exhausted and...certain death the only alternative," enjoins captured Americans to "resist by all means available" and "make every effort to escape and aid others," and bars the acceptance of parole or special favors from enemy forces . The code also outlines proper conduct for American prisoners of war, reaffirms that under the Geneva Conventions prisoners of war should give "name, rank, service number, and date of birth" and requires that under interrogation captured military personnel should "evade answering further questions to the utmost of my ability ." </P>

When was the military code of conduct established