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of the specification, Charge II: "Guilty." Of Charge II: "Guilty."
Of all the specifications and charges: "Guilty.” (or in the event of findings of not guilty of all charges and specifications:
Of all the specifications and charges: "Not guilty."
The court thereupon acquitted the accused on
To be dishonorably discharged the service, to forfeit all pay and allowances to become due after the date of the order directing execution of the sentence and to be confined at hard labor at such place as proper authority may direct for three years. (Two previous convictions considered.) The sentence was adjudged on
19... (The sentence is approved and will be duly executed, but the execution of that portion thereof adjudging dishonorable discharge is suspended until the soldier's release from confinement. The Branch United States Disciplinary Barracks is designated as the place of confinement.)
(NOTE.—The above form is not appropriate in cases involving confinement in a penitentiary.)
OT (The sentence is approved and Article of War 50 having been complied with, will be duly executed. The Branch United States Disciplinary Barracks ---- is designated as the place of confinement.)
от (Pursuant to Article of War 50 the findings of guilty and the sentence are disapproved.)
OT (Pursuant to Article of War 50 the findings of guilty of Charge II and its specification are disapproved, and only so much of the sentence as provides for --- is approved. As thus modified the sentence will be duly executed. The Branch United States Disciplinary Barracks,
is designated as the place of confinement.)
(NOTE.-The order will be authenticated as may be prescribed by Army regulations.)
(2) The following form may be used in Special Court-Martial cases other than those in which a bad conduct discharge is adjudged: SPECIAL COURT-MARTIAL ORDERS No. 43
Headquarters, 303rd Infantry
Private John Doe, 37024891, Company F, 303rd Infantry.
Charge: Violation of the 84th Article of War.
Specification: In that Private John Doe, Company F, 303rd Infantry, did at Fort Jackson, South Carolina, on or about 27 March 1949, through neglect, lose one jacket, field, wool, olive drab, value 814.00, and one blanket, wool, olive drab, value $7.29, issued for use in the military service.
SENTENCE To be confined at hard labor at such place as proper authority may direct for three months and to forfeit $------ of his pay per month for a like period.
The sentence was adjudged on 19...
The sentence is approved and will be duly executed.
(NOTE.--The order will be authenticated as may be prescribed in Army Regulations.)
(3) Orders promulgating the proceedings in Special Court-Martial cases wherein bad conduct discharges are adjudged will be published by the officer exercising General CourtMartial jurisdiction to whom the record is forwarded for approval pursuant to A. W. 47d. The form is generally that shown in (1) above except that the action of the convening authority will be shown immediately after the entry as to the date upon which the sentence was adjudged, as follows:
The sentence was approved by the convening authority on
19.-. b. Form for Orders Remitting Unexecuted Portions of Sentence. SPECIAL COURT-MARTIAL ORDERS NO. 51 Headquarters, 303rd Infantry
19... The unexecuted portion of the sentence to confinement in the case of Recruit (then Private) John Doe, 37024891, Company F, 303rd Infantry, promulgated in Special Court-Martial Orders No. 43, this headquarters,
19.-, is remitted. (NOTE.—The order will be authenticated as may be prescribed by Army Regulations).
c. Form for Orders Vacating Illegal Sentences SPECIAL COURT-MARTIAL ORDERS NO. 15 Headquarters, 97th Infantry Division
19... Proceedings of the special court-martial in the case of Private John Doe, 37024891, Company F, 303rd Infantry, including the indings of guilty of absence without leave in violation of the 61st Article of War and the sentence, having been published in Special
Before a Special Court-Martial which convened at
pursuant to paragraph Special Orders No.
19.-, as amended by paragraph Special Orders No.
this headquarters, 19.-, was arraigned and tried:
19 -So much of the order published in Special Court-Martial Orders No.
19.-, as suspends execution of the sentence to confinement (or, forfeiture of pay) in the case of
is vacated. The sentence to
will be carried into execution.
(NOTE.—The order will be authenticated as may be prescribed in Army Regulations.)
3. exam ment Tedu each natic stan men
APPENDIX 12-INVESTIGATING OFFICER'S
4. stan low the did nes pre
Courts-Martial Orders No. 12, Headquarters, 303rd Infantry, 19--, and the record of trial having been examined in accordance with paragraph 91, Manual for CourtsMartial, 1949 by the officer exercising immediate general court-martial jurisdiction over the command and by him found to be legally insufficient to sustain the findings and the sentence, the findings of guilty and the sentence are vacated. Private Doe will be released from the confinement adjudged by the sentence in this case and all rights, privileges and property of which he has been deprived by virtue of the findings and sentence so vacated will be restored.
(NOTE.—The order will be authenticated as prescribed in Army Regulations.) SPECIAL COURT-MARTIAL ORDERS No. 16
Headquarters 303rd Infantry
19_-. The findings of guilty and the sentence in the case of Private John Doe, 37024891, Company F, 303rd Infantry, as promulgated in Special Court-Martial Orders No. 12, this headquarters 19--, having been determined to be illegal and void, pursuant to paragraph 91, Manual for Courts-Martial, 1949, are hereby vacated. Private Doe will be released from the confinement imposed by the sentence in this case, and all rights, privileges, and property of which he has been deprived by virtue of the findings of guilty and the sentence in this case will be restored.
(NOTE.--The order will be authenticated as may be prescribed in Army Regulations.)
d. Supplementary action on a sentence adjudged by a summary court-martial will follow the above text, but will be published in the form of special orders.
Major John Jones, 303d Inf., Investigating officer, 1 March 1949 To: The Commanding General, 97th Inf. Div. Cp. Swift, Teras.
1. I have investigated the inclosed charges dated 27 February 1949 against Corporal John J. Jernigan (37,000,000), Company F. 303d Inf., in accordance with the provisions of Article of War 465 and paragraph 35a, Manual for Courts-Martial. At the outset of the investigation I informed the accused of the nature of the charges alleged against him; of the name of the accuser and of the witnesses so far as known to me; of the fact that the charges were about to be investigated by me; of his right upon his request to have counsel represent him at the investigation, either civil counsel provided by him or military counsel of his choice if such counsel should be reasonably available, or counsel appointed
officer exercising general court-martial jurisdiction over the command; of his right to cross examine all available witnesses against him and to present anything he might desire in his own behalf, either in defense or mitigation; of his right to have the investigating officer examine available witnesses requested by him; and of his right to make a statement in any form, but that he was not required to make any statement regarding the offense(s) of which he was accused or being investigated, and that any statement he might make might be used as evidence against him.
2. The accused did not request counset. (The accused requested 1st Lt. John Doe
Grade Name Hq. 97th Inf. Div., as counsel, and that officer
Organization was present as counsel for the accused throughout the investigation ".)
1 If the accused waives the right to have counsel present throughout all or a part of the investigation after having requested such counsel, state the circumstances and the particular proceedings conducted in the absence of such counsel.
There was (no) reasonable ground for inquiring into his mental responsibility at the time of the alleged offense.
(If grounds for
3. In the presence of the accused I have examined all available witnesses and documentary evidence on both sides and have reduced the material testimony given by each witness under direct and cross-examination to a statement embodying the substance of the testimony taken, which statements are attached hereto as indicated :
Capt. Richard Smith, Hą. Co., 97th Inf. Div.,-Exhibit 2.
1st Sgt. William Jones, Hq. Co., 97th Inf. Div., -Exhibit 3.
4. In the written form attached the substance of the expected testimony of the following named witnesses was made known to the accused. The accused stated that he did not desire to cross examine such witnesses and they were not examined in the presence of the accused:
Mr. William Sibley, 10 Main Street, Albemarle, Texas.-Exhibit 4.
5. Depositions of the following witnesses were taken in compliance with the provisions of Articles 25 and 26 and are appended:
Private Joseph White, Co. A, 1st Inf.,Exhibit 5.
6. The following documents have been examined, shown to the accused, and are appended:
Extract Copy of Morning Report, Hq. Co., 97th Inf. Div., for 9 Jan 49–Exhibit 6.
Extract Copy of Morning Report, Hq. Co., 97th Inf. Div., for 26 Feb 49—Exhibit 7.
7. The following real evidence was examined, shown to the accused..
(if certain real
inquiry as to accused's mental condition exist state reasons therefor and action taken.) A report of a board of medical officers Apsvehiatrist) is attached as exhibit 4.7
11. I have made inquiry and find no prior convictions committed during the current enlistment and within one year preceding the commission of the offense with which the accused is now charged (Par. 79c, MCM). A copy of the record of prior conviotions is attached as Exhibit 10t.
12. In arriving at my conclusions I have considered not only the nature of the offenses and the evidence in the case, but I have likewise considered the age of the accused, his military service, and the established policy of the Department of the Army that trial by general court-martial will be resorted to only when the charges can be disposed of in no other manner consistent with military discipline.
13. Trial by special court-martial is recommended.
/S/ JOHN JONES
APPENDIX 13-SUBPOENA FOR CIVILIAN WITNESS
SUBPOU POR CIVILIN TITIES
The President of the United States to Claude X.
evidence which was examined was not shown to the accused here state the reasons) and is now preserved for safekeeping as indicated:
inappropriate cofor Josipated to take your doposition to be read in video.."
Prane used, enter BADO, grude and orgas ization, if any.
then wed, on for official character, 18 may, such as trial Judge advocate, subrary court, Dotary public, oto.
Cepend (or opootal of rury) court mrtial, oto.
62n tor mame, oto., of accused or other subject of lovestigation,
Line out when inape propriate and you are bereby required to bring with you, to be used in evidence in sd care, the following-described documento, to it."
8. The accused, after having been warned of his rights to make a statement or remain silent, as indicated above, said that he did not desire to make a statement. (made a statement appended herete as exhibit 87.
9. Explanatory or extenuating circumstances:
Possible stress of bad home conditions may have influenced his acts. The accused, during four years of military service, has never before committed an offense warranting even company punishment. Both the company commander and the first sergeant state that he has been an excellent soldier.
10. There was (no) reasonable ground for inquiring into the mental capacity of the accused at the time of the investigation.
// Daniel C. O'Brien
Daniel C. O'Bries, Capt., JA to be mubscribed by trin Judge Advocate, recorder, oto.)
Trial Judge Arcosto
In caso o crossLoterrogatories are propour.ded this feet Ill be recorded and authenticatod by the signature of de ronse counsel when the doposition to taken by the proseoution, and by the trial Judg. advocate when the doposition is takss by the defense, le court arti
APPENDIX 14-DEPOSITION OF CIVILIAN WITNESS
Prin interrogatory by the 10
(witness stop horolacy Jones Dartlet
The forn to be used dhe deposition is takon on written interrogatories. It should be modified La ce it is to bo wot fer oral depositions 40 us to confon to the provisions of the Vasul for Court-Martial, 1949 (per. 100 for such auses).
2stribe out words sot wod.
Deposition of Lucy Jones Derrick, (hetened)
(rosidine) et 280 East Third St., Henrk, J.J., to
bo road in widence beforeneral court-artial,
United States Army appointed to meet at Fort Wiloon,
Sgtrio out word sot wed.
Columbus, Ohio by paragraph 11. Special
Keneral (ar poolel or enery) court-martial, or allilary cousion, or court of laquiry, or milltary beard.
Sinsert name or title of person who lo requested to cause the deposition to be
Fort Wilson, Ohio 10 Dec 1948. for
Goveral Firat Aron Common Island LI.
It requested that you cause to be takega
the following interrogatories the deposition
the above and sites.
To be subscribed by the trial Judce advocate or other proper persos i th his nec, prade, organisation, and official title as 'trial corecta". 'ury court, recorder. .to. Request by the defesa. for deposition is trusRitted to the trial Jutgo advocate (or to the court) who execute the written roquest.
*10 10 1. deined to dr. special instruction, there should be added apoial Instruction attached,
Lucy Jones Derriet 1 certify that the aboro deposition ni July tak ty me, and that the above od tress, having been first duly mors by me, gut the furopeing deposition is presence et dont idy
I/ Dental C. O'Brien
Daniol . Orien
Trial Judge Adroeste
to. Ma for Peter W, bilroed, Equ Tirit Anho
thi. 13th day of December 1948
5tor 1. red
Miltea B. o
201. Doo, J. (orn)
Ind. 800th T A., APO 201, Maanville, Tennessee, 17 February 1949
WHEREAS, in my judgment, the public interest requires that Harry B. Mitchell, a member of the United States Civil Service Commission, who was exempted from compulsory retirement for age for a period of seven months end. ing December 31, 1948, by Executive Order No. 9956 of May 6, 1948," be further exempted from such compulsory retirement as provided below:
NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by section 204 of the act of June 30, 1932, 47 Stat. 404 (5 U. S. C. 715a), I hereby further exempt the said Harry B. Mitchell from compulsory retirement for age for an indefinite period of time.
HARRY S. TRUMAN THE WHITE HOUSE,
December 14, 1948.
00, Corpo, APO 200, Nashville, Tenness.. (THUL , Soth PA Group, APO 202, Nashville, Tennessee)
Recept is acknowledged. trial by court-artial is not demanded. Who watters in adtigation, ateration of defense are submitted,
// John , Dom
Lt. Col., 800th PA 201. Doe, J. (orr)
4. n Corp, APO 200, Nashville, Tennessee, 19 February 1949
Lt. Col. John L. Doo, Booth TA E., APO 201, Nashville, Tennesse. (THRU CG, XL Corps Artillery, IPO 200, Mustrillo, Telnessee)
1. A for folture of $200.00 pay per nonth for two months is hereby Lapoved
2. In addition to the forfeiture Impoved, you are reprimanded. Your neglect to provide the prescribed inspection of the convoy of your
battalion resulted in the fullure of your convoy to take the prescribed
rout for the corpo artillery and created confusion in the movement of the corps, kad auch neglect occurred in combat the offeet upon the
operations of the corpo might have been serious. I trust that my
action in this case will cause you to pursue your duties in an exemplar
sanner, thereby demonstrating the propriety of your retention in rank
3. You are advised of your right to appeal in socordance dth pur. 221, WC 1949. tou ans directed to reply further by Indorio and to stare
the date of recept of the Indorent and any