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 $14.00, and one blanket, wool, olive drab, value $7.29, issued for use in the military service.

PLEAS

To the specification: "Not guilty." To the charge: "Not guilty."

FINDINGS

Of the specification: "Guilty." Of the charge: "Guilty."

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.

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The sentence was adjudged on 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

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

Fort Jackson, South Carolina

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 deter

mined 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, Texas.

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 46b 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 by the 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 counsel. (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.

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, Hq. 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

evidence which was examined was not shown to the accused here state the reasons) and is now preserved for safekeeping as indicated:

None

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 8). 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.

There was (no) reasonable ground for inquiring into his mental responsibility at the time of the alleged offense. (If grounds for

inquiry as to accused's mental condition exist state reasons therefor and action taken.) A report of a beard of medical officers (psychiatrist) is attached as exhibit 9.)

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 convictions is attached as Exhibit 10).

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 Signature

JOHN JONES

Name Typed

First Interrogatory Are you in the military service of the United States? If so, what is your full name, grade, organisation, and station? If not, what is your full HAND, occupation, and residenos?

Answer: My name is Lucy Jones Derrick. I live at 280 East Third Street, Bewark, E.J. I work as a mitross at the Bluebird Restaurant as Clendenny Avenue in Newark.

Second interrogatory: Do you kans te accused? If so, how long have you know him? Answert I have known the accused for three

years.

Third interrogatory What is your relationship to the accused?

Answer:

1. Preliminary investigation indicates that on 14 February 1969 you failed through neglect to provide the prescribed inspection of the convoy of your battalion at the intersection of Maneuver Routes 27 and 29 in the vicinity of Wartrace, Tennessee, as directed by Brigadier General Seth at a conference of battalion commanders of the corps artillery on 13 February 1949. Your dereliction me to the prejudice of good order and military discipline.

2. It is my intention to impose punishment for this offense under Article of War 10% unless you demand trial by court-martial. In accordance with par, 120, MCM 1949, you are notified of this intended action. You will acknowledge receipt of this communication by indorsement through proper channels, and you will state therein whether you demand trial in lieu of action under Article of War 104. You may submit in the indorsement any matter in mitigation, artemmtion, or defense.

// Richard Ros RICHARD ROB

Major Omeral, United States Arwy Commanding

201. Doe, J. (off)

BO0th FA Bn., APO 201, Nashville, Tennessee, 21 February 1949

CO, IL Corps, APO 200, Nashville, Termesse0

(THRU CO, IL ZA Group, APO 200, Nashville, Tennessee) 1. Received 21 February 1949. Contents noted.

2. I do not appeal from this punishment.

/a/ John E. Doe

JOHN E. DOR

Lt. Col., 800th A

B. IL Corps, APO 200, Nashville, Tennessee, 19 February 1949

TO: Lt. Col. John E. Doe, 800th FA B., APO 201, Nashville, Tennessee (THRU CG, XL Corps Artillery, APO 200, Nashville, Tennessee)

1. A forfeiture of $100.00 pay per month for two months is hereby imposed.

2. In addition to the forfeiture imposed, you are reprimanded. Your neglect to provide the prescribed inspection of the convoy of your battalion resulted in the failure of your convoy to take the prescribed route for the corps artillery and created confusion in the movement of the corps, Had auch neglect occurred in combat the effect upon the operations of the corps might have been serious. I trust that my action in this case will cause you to pursue your duties in an exemplary manner, thereby demonstrating the propriety of your retention in rankk

and command.

3. You are advised of your right to appeal in accordance with pár. 121, MON 1949. You are directed to reply further by indorsement and to state th the date of receipt of this indorsment and any

EXECUTIVE ORDER 10021

FURTHER

B.

EXEMPTION OF HARRY MITCHELL FROM COMPULSORY RETIREMENT FOR AGE

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 ending 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