Appendix 2.
Record of Trial by General Court-Martial and Accompanying Papers


Introduction

This appendix contains a specimen record of trial by general court-martial and accompanying papers are arranged by the Staff Judge Advocate for transmittal to The Judge Advocate General. See par. 141c, supra.) It will be noted that papers are not arranged in chronological sequence in the order in which they are prepared. As a matter of convenience in checking and examining general court-martial records in the Office of The Judge Advocate General, all such records, when transmitted, should be arranged in the following order:

  1. Chronology Sheet.
  2. General Court-Martial Data Sheet (WD AGO Form No. 116).
  3. General Court-Martial Order, 6 copies (plus one copy for each additional accused, if more than one).
  4. Review of Staff Judge Advocate, in duplicate.
  5. Charge Sheet.
  6. Report of investigating officer, required by paragraph par. 35a, Manual for Courts-Martial, followed by any other papers which accompanied the charges when referred for trial, unless otherwise disposed of.
  7. Report of Staff Judge Advocate, required by paragraph 35b, Manual for Courts-Martial.
  8. Copy of reporter's voucher.
  9. Any copies of the record not otherwise disposed of.
  10. Records of former hearing.
  11. Record of trial proper in the following order: index sheet; receipt of accused, or certificate of trial judge advocate, covering delivery of copy of record; Special Order appointing the court and amending orders,if any; record of proceedings in court; action of reviewing authority; exhibits; clemency papers. The action of the reviewing authority will be typed on a separate sheet immediately following the sheet bearing the authentication of the record.

(As a rule items 1 to 10 inclusive, should be bound together and suitable marked on front cover, the record proper being bound separately and also suitably marked on front cover; but if the total bulk is small, all items, 1 to 11 inclusive, may be bound together. In the latter case the

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point of division between 10 and 11 should be indicated by a separating cover sheet or other means. An exceptionally bulky record may properly be made up in the form of two or more volumes.)

The record of trial and the general court-martial order have been printed in usual book form. An actual record of trial should be prepared on one side of the page only, and a general court-martial order, if it requires more than one page, should be prepared on both sides of the paper so that the reverse side of each page can be read by turning up the bottom of that page.

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RECORD OF TRIAL
(and accompanying papers)
of
Bark Lennie O. 20401234

(Last name) (First name and middle initial) (Army serial No.)

Private Company A, 128th Infantry

(Grade) (Organization

Fort Jackson, S.C.

(Station)

By
GENERAL COURT MARTIAL
Appointed by the Commanding Officer

29th Infantry Division

Tried at
Fort Jackson, S.C. 7 Dec. and 10 Dec., 1943

 

 

 

COVER SHEET
(Withdraw this cover sheet from set used to make carbon
copy of record for accused and use as backing on original
record.)

W.D., A.G.O. Form No. 114
14 July 1943

*This form supercedes W.D., A.G.O. Form No. 114, 5 January 1943, which may be used until existing stocks are exhausted.

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A CHRONOLOGY OF THE CASE OF:

    Date No. of days Explanation
1. Offense committed: 28 Sep 43    
2. Accused confined:
      By civil authorities
      By military authority
      By military authority ordering trial
      Reconfined from escape
 
 
 
28 Sept
26 Nov
 
 
 
0
0
Acc abs in desertion 28 Sept to 26 Nov
3. Charges preferred:
     (Date of Jurat)
27 Nov 1  
4. Charges Investigated:
      (Date of Report)
29 Nov 3  
5. Charges forwarded by C.O.: 30 Nov 4  
6. Charges received, J.A.: 30 Nov 4  
7. Charges returned:      
8. Charges received back:      
9. Charges--action Staff J.A.: 1 Dec 5  
10. Charges referred for trial: 1 Dec 5  
11. Trial had:
      Total days to trial
          Less time in hospital
          Less delay at request of defense
Net total
 
10 Dec
 
11
 
 
11
 
Trial commenced 7 Dec but continued to 10 Dec on insanity issue.
12. Record of trial received: 13 Dec 14  
13. Review by Staff J.A.: 14 Dec 15  
14. 15 Dec 16  
  Total to Action by Reviewing Authority   16  
15. Mimeo. orders received: 16 Dec 17  
16. Record of trial mailed to J.A. G.O.: 16 Dec 17  
  Total --- 17  
  Remarks:      
        /signed/      
CHARLES E TANEY
        Lt Col, JAGD      
Division Judge Advocate.
All delays must be fully explained.
In computing number of days between two dates, disregard the first day and count the last day. All months will not be assumed to consist of 30 days.

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General Court-Martial Data Sheet

Bark Lennie O 20401234 Pvt Co A, 128th Inf

(Last name) (First name) (Middle initial) (Army serial No.) (Grade) (Company, regiment,or arm of service)

J. A. G. O., C. M. No. ____________________

  Trial J.A. Staff J.A. J. A. G. O.
Yes No Yes No Yes No
1. Was court ordered by proper authority? X   X      
2. Are all orders showing membership of court properly entered in record? X   X      
3. Were there less than five members detailed or present at any time?   X   X    
4. Was the law member of the court designated by convening order? X   X      
5. If the presence of the law member was specifically required by the convening authority, was he present at each session? / / / /    
6. Did the court have jurisdiction of person and offense? X   X      
7. Does the record show place, date, and hour court convened? X   X      
8. (a) Are all members of the court, trial judge advocate, assistant trial judge advocate, defense counsel, and assistant defense counsel accounted for as present or absent? X   X      
    (b) If absent, if reason for absence given? X   X      
9. Was the accused asked whom he desired as counsel? X   X      
10. Was reporter sworn? X   X      
11. Is reporter's voucher attached to record or its absence explained? X   X      
12. Was interpreter sworn? / / / /    
13. Is copy of record for each accused accounted for? X   X      
14. Was accused extended right of challenges as to each member of the court, and was he instructed as to his right to exercise one peremptory challenge against any member except the law member? X   X      
15. Was action of court upon challenges regular and promptly taken? / / X      
16. Was the court sworn? X   X      
17. Was any officer sitting as a member of the court the accuser, a witness for the prosecution, or, upon a rehearing, one who sat as a member on the former trial?   X   X    
18. Was the personnel for the prosecution sworn? X   X      
19. Was the accused properly arraigned? / / X      
20. Are there copied into the record--            
      (a) Charges and specification? X   X      
      (b) Name, grade, and organization of the person signing charges? X   X      
      (c) Affidavit to the charges and specifications? X   X      
      (d) Name of the person who administered who administered the oath verifying the charges, and his official capacity? X   X      
      (e) The order of reference for trial? X   X      
21. If pleas of guilty were explained was accused's response, if any, recorded? / / / /    
22. Does each specification state an offense under the Articles of War? / / X      
23. If the accused was advised of his right to plead the statue of limitations, was his response, if any, recorded? / / / /    
24. Are pleas of accused regularly entered? X   X      
25. Were the witnesses sworn? X   X      
26. Are the findings properly entered? X   X      
W.D., A.G.O. Form No. 116
      December 15,1942
(OVER) 16-12943-2

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  Trial J.A. Staff J.A. J. A. G. O.
Yes No Yes No Yes No
27. Was the vote upon each finding in closed session and by secret written ballot? X   X      
28. Is the evidence, if any, of previous convictions admissible?
     (Par. 79c, M.C.M.).
X   X      
29. Was the vote upon the sentence in closed session and by secret written ballot? X   X      
30. Did at least two-thirds of members present at the time the vote on each finding was taken concur therein? X   X      
31. In each case of finding of guilty where death sentence was mandatory, did all members present concur in each finding? / / / /    
32. Did members present concur in sentence, as follows: To death, all members; to life imprisonment or confinement for over two years, at least three-fourths of members; to any other punishment, at least two-thirds? X   X      
33. Does the evidence sustain the findings of the court? / / X      
34. Are the findings legal? X   X      
35. Is the sentence legal? X   X      
36. Does any ruling of the court on the admission of evidence or other matters injuriously affect the substantial rights of accused? / /   X    
37. Did all members who participated in proceedings in revision vote on original findings and sentence? / / / /    
38. At proceedings in revision are the trial judge advocate, assistant trial judge advocate, defense counsel, assistant defense counsel, the accused, and the individual counsel, if any, accounted for as present or absent? / / / /    
39. Is the record properly authenticated? X   X      
40. Does it sufficiently appear that the defense counsel accepts the record as correct? X   X      
41. Is action of reviewing authority properly entered in record and signed? / / X      
42. In case of adjournment or continuation, are each day's proceedings properly signed by trial judge advocate? / / / /    
43. After each adjournment during trial, is presence or absence of members of court, trial judge advocate, assistant trial judge advocate, defense counsel, assistant defense counsel, accused, his individual counsel, and the reporter properly accounted for? / / / /    
44. Does action of reviewing authority:
      (a) Expressly approve the sentence and order its execution or suspension?
      (b) Designate the proper place of confinement?
      (c) Is the action otherwise legal and properly taken?
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
   
45. Is clemency recommended by the court?   X   X    
NOTE--Questions 15, 19, 21, 22, 23, 33, 36, 41, and 44 not to be answered by the trial judge advocate. Question 44 not to be answered by the staff judge advocate.
/signed/
Howard J. Hitchings, Maj, Inf.
Trial Judge Advocate
       
13 Dec 43
(Date)

/signed/
CHARLES E. TANEY, Lt. Col, JAGD
Staff Judge Advocate.
       
15 Dec 43
(Date)

                                                 
Officer Reviewing Record
                           
(Address)
                           
(Date)

                                                 
Chief Examiner
                           
(Action)
                           
(Date)

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HEADQUARTERS 29TH INFANTRY DIVISION
Fort Jackson, South Carolina

16 December 1943

General Court-Martial
Orders No. 96
}
}

Before a general court-martial which convened at Fort Jackson, South Carolina, pursuant to paragraph 1, Special Orders No. 261, this headquarters, 18 September 1943, as amended by paragraph 11, Special Orders No. 273, this headquarters, 30 September 1943, was arraigned and tried:

Private LENNIE O. BARK, 20401234, Company A, 128th Infantry.

CHARGE I: Violation of the 64th Article of War.
Specification: In that Private Lennie O. Bark, Company A, 128th Infantry, having received a lawful command from First Lieutenant Joe R. Loganby, his superior officer, to report on the drill field for duty, did at Fort Jackson, South Carolina, on or about 28 September 1943, willfully disobey the same.

CHARGE II: Violation of the 69th Article of War.
Specification: In that Private Lennie O. Bark, Company A,128th Infantry, having been duly placed in confinement in the 128th Infantry Guardhouse, Fort Jackson, South Carolina, on or about 28 September 1943, did, at Fort Jackson, South Carolina, on or about 28 September 1943, escape from said confinement before he was set at liberty by proper authority.

CHARGE III: Violation of the 58th Article of War.
Specification: In that Private Lennie O. Bark, Company A, 128th Infantry, did, at Fort Jackson, South Carolina, on or about 28 September 1943, desert the service of the United States and did remain absent in desertion until he was apprehended at Charlestown, South Carolina, on or about 26 November 1943.

PLEAS
To the Specification, Charge I:       Not Guilty
To Charge I:       Not Guilty
To the Specification, Charge II:       Guilty
To Charge II:       Guilty
To the Specification, Charge III:       Guilty, except the words "desert" and "in desertion,"substituting therefore, respectively, the words "absent himself without leave from" and "without leave," of the excepted words not guilty, of the substituted words guilty.
To the Charge III:       Not Guilty, but guilty of violation of the 61st Article of War.

FINDINGS
Of all Specifications and Charges:       Guilty

SENTENCE

To be dishonorably discharged the service, to forfeit all pay and allowances due or to become due, and to be confined at hard labor, at such place as the reviewing authority may direct, for ten years. (One previous conviction considered.

The sentence was adjudged on 10 December 1943.

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The sentence is approved but five years of the confinement imposed are remitted. As thus modified the sentence will be duly executed, but the execution of that portion thereof adjudging dishonorable discharge is suspended until the soldier's release from confinement. The Fourth Service Command Rehabilitation Center, Fort Jackson, South Carolina, is designated as the place of confinement.

By command of Major General SAMSON:

G.H. SMOTHERS,
Colonel, GSC, Chief of Staff.

OFFICIAL:

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HEADQUARTERS 29TH INFANTRY DIVISION
Office of the Division Judge Advocate

14 December 1943

STAFF JUDGE ADVOCATE'S REVIEW

UNITED STATES

v.

Lennie O. Bark, 20401234, Private,
Company A, 128th Infantry

Present Age: 21 5/12

Date of Enlistment: 13 Nov. 1940

Prior Service: None

      Previous Convictions: One

Confined: 28 Sept. 1943

Escaped: 28 Sept. 1943

Reconfined: 27 Nov. 1943

Accused Arraigned: 7 Dec. 1943

Place of Trial: Fort Jackson, S.C.


  Charges and Specifications Plea Findings
CH I:
Sp:
Violation 64th AW
WIllful disobedience of command of superior officer to report for drill, Fort Jackson, S.C., 28 Sept. 1943.
NG G
CH II:
Sp:
Violation 69th AW
Escape from confinement, Fort Jackson, S.C., 28 Sept. 1943.
G G
CH III:
Sp:
Violation 58th AW
Desertion, Fort Jackson, S.C., 28 Sept. 1943, terminated by apprehension, Charleston, S.C., 26 Nov. 1943.
NG but G of violation 61st AW
NG but G of AWOL
G
G
Sentence: DD, TF, CHL for ten years.    
Maximum Punishment: Death

  1. INSANITY OF ACCUSED

    On arraignment the defense suggested (R 5), and offered evidence to justify (R 6) an inquiry into the mental condition of accused. A continuance was granted upon motion of the defense for the purpose of reporting the facts to the appointing authority for appropriate action (R 6). When the court reconvened, the medical officer appointed to examine accused testified that accused was,in his opinion, mentally responsible both at the time the alleged offenses were committed

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    and at the time of trial (R, 7,8), and the court so ruled (R 8).

  1. EVIDENCE

    1. For the Prosecution. On the morning of 28 September 1943, at about 0830 (R 10), 1st Lt. Joe R. Loganby, company commander of accused, on hearing that accused was not out drilling with the unit, ordered him brought to the orderly room (R 10). When accused was brought up a few minutes later, Lt. Loganby said, "You get out on the drill field right now" (R 10), or words to that effect (R 11). Accused refused and stated he didn't intend to do any more work in the Army (R 10, 12). Lt. Loganby immediately ordered accused placed in confinement in the 128th Infantry Regimental Guardhouse (R 10), from which he escaped on the same day (R 12; Ex 1, 2). Accused was apprehended in uniform by a military police sergeant at Charleston, S.C., a short distance from Fort Jackson, on 26 November 1943 (R 13). Accused at that time stated that "he came into the Army to fight and they wouldn't let him fight so he wasn't going back to the Army and work" (R 13). Accused pleaded guilty to escape from confinement on 28 September 1943 and to absence without leave from 28 September 1943 to 26 November 1943 (R 8).

    2. For the Defense. The accused, after being duly warned of his rights by defense counsel and the court, elected to testify under oath, restricting his testimony to Charge I and the specification thereunder (R 14). He testified in substance as follows: On the morning in question he drove a truck into Columbia, S.C., and back, after which he began raking the company street (R 14). He received an order to roll a wheelbarrow full of dirt up and down the company street (R 14). He went into the orderly room and told the company commander he was willing to work in another branch of the service if he could get overseas in a noncombatant branch, although he also stated that he wanted to go overseas and fight (R 14). He didn't think that Lieutenant Loganby told him to go out on the field that day (R 14). The court received a stipulation that a former company commander of accused, if present, would testify that, while accused was in his command for about eight months, his character was

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      excellent and that he had no trouble with accused (R 15).

  1. COMMENT

    1. The record is legally sufficient to support the findings and sentence.

      1. The charge of willfully disobeying a superior officer is established by Lt Loganby and Sgt Pitch, both of whom testified that accused refused to report on the drill field after being ordered to do so by his superior officer. The intentional and defiant character of this refusal is fully evidenced by the remarks he made at the time.

      2. In addition to the pleas of guilty, duly authenticated extract copies of the morning report and guard report establish both escape from confinement (Charge II) and absence without leave for the period alleged (Charge III). Although the specific intent not to return, a necessary element of the charge of desertion, is somewhat negatived by return of accused in uniform to military control near his own station, yet the escape from confinement, the fact of apprehension, the length of absence, nearly two months, and the statement to the military policeman that "he wasn't going back to the Army and work" fully justified the court in inferring the requisite intent. Although the statement by accused was in the nature of a confession or admission made to a military superior, it was volunteered without prompting or interrogation of any kind (R 13) and so must be held wholly voluntary. The law member's ruling in admitting the statement was therefore correct.

    2. The court properly adjourned for further inquiry into the question of sanity of accused. The uncontradicted finding of the medical officer of sanity removed any doubt on that issue.

    3. Evidence of one previous conviction for being drunk and disorderly was properly received by the court.

    4. There were no errors or irregularities which injuriously affected any substantial right of the accused.

  2. RECOMMENDATION

    1. Civilian background. Accused is almost 23 and a half years of

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      age. Prior to enlisting he lived at Charleston, S.C., with his father. His mother has been dead for some years. He has married since his enlistment but he and his wife are separated and she has instituted divorce proceedings. He completed grade school and three years of high school, then quit school and secured a job as an elevator operator for about 15 months, earning $22.50 per week. He has no civilian police record so far as is known.

    1. Military Record. After enlisting on 13 November 1940 accused was given basic training at Fort Jackson, S.C., since which time he has been in four different organizations. He has served as a rifleman, company clerk and supply clerk. He has been uniformly rated as "Satisfactory" as a soldier and his character rating has been from "Unsatisfactory" to "Excellent." His AGCT score is 102. He has had three previous court-martial convictions, only one of which has occurred within a year of the present offense. He was convicted by summary court-martial of disrespect toward a noncommissioned officer in February 1941, by special court-martial of failing to obey a lawful order of a commissioned officer in January 1942, and, as shown at the trial, by summary court-martial for being drunk and disorderly in January 1943. His total sentences to confinement have aggregated four months. Company punishment has been imposed on accused three times within the last year, twice for drunkenness and once for absence without leave.

    2. Recommended action. The record of accused, both civilian and military, shows that he is not a good soldier. Junior officer leadership in his organization is good so no justification for defiance of authority may be based on that ground. Nonetheless, he is young, has a fair civilian background, and though he has numerous military derelictions behind him, none has been serious and they have been spread over nearly three years. It is believed that his apparent resentment of military discipline may yet be cured with proper training. The sentence of the court, dishonorable discharge, total forfeitures and confinement for ten years is not excessive, but it is believed that restoration of accused could better be effected if the period of confinement were reduced. It is therefore recommended that the sentence be approved,

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      but that five years' confinement be remitted and that as thus modified the sentence by executed, withholding execution of the dishonorable discharge until his release from confinement. The Fourth Service Command Rehabilitation Center, Fort Jackson, South Carolina, is the appropriate place of confinement.

    1. A form of action designed to carry this recommendation into effect is attached hereto.

/signed/
HUG ROOT, JR.,
1st Lt., JAGD,
Assistant Division Judge Advocate.

I concur. I have personally
read the record of trial.

/signed/
CHARLES E. TANEY,
Lt Col, JAGD,
Division Judge Advocate.  

 

 

 

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(WRITE NOTHING ABOVE THIS LINE)

CHARGE SHEET

Fort Jackson, S.C.                
(Place)
27 November, 1943    
(Date)

Name, etc., of accused Bark, Lennie O., 20401234, Pvt, Co A, 128th Inf.                              
                                      (Give last name, first name, and middle initial in that order followed by serial number, grade, company, regiment,

                                                                                                                                           
              arm or service, or by other appropriate description of accused. Alias names,etc., to follow in same manner.)

                                                                                                                                           

                                                                                                                                           

      Present   Class F Deduction
Age 21 5/12       Pay, $50.00 per month.                   Allotments to dependents, $22.00     per month.
        (Base pay plus pay for length of service)        

Government Insurance deduction, $ None  per month.

Data as to service: No prior service. Enlisted at Charleston, S.C., on 13 November 1940 for three years. Service extended by          
(As to each terminated enlistment, give including dates of service and organization in which serving at termination.
  Extension Act of 1941.                                                                                                                              
As to current enlistment, give the initial date and the term thereof. Give similar data as to service not under an enlistment.)
                                                                                                                                                                 

Data as to witnesses, etc.: Against the Accused:                                                                                                                        
(Give names, addresses, and note if for accused. List documentary evidence and note where each item thereof may be found.)
  1st Lt Joe R. Loganby, Co A, 128th Inf, Fort Jackson, S.C.                                                                  
  1st Lt Cass M. Grant, Co A, 128th Inf, Fort Jackson, S.C.                                                                    
  Sgt Lester R.Pitch, Co A, 128th Inf, Fort Jackson, S.C.                                                                        
  Sgt Marion D. Kelley, Jr., 128th Inf, Fort Jackson, S.C.                                                                        
  1st Lt John Smith, 128th Inf, Fort Jackson, S.C.                                                                                  
  Sgt Charles Sellins, 1650th S.U., M.P. Det, Charleston,S.C.                                                                  
                        For the Accused:                                                                                                         
  None.                                                                                                                                               
                        Documentary Evidence and Exhibits                                                                              
  Extract copy of morning report, Co A, 128th Inf, months of September and November, 1943.                  
  Extract copy of guard report, 128th Inf, months of September and November, 1943.                                
                                                                                                                                                           
                                                                                                                                                           
                                                                                                                                                           
Data as to restraint of accused: Confined 28 September 1943, reconfined 26 November 1943 after escape, 128th Infantry Guardhouse,        
(Give date, place, and initial date of any restraint of accused)
  Fort Jackson, S.C.                                                                                                                              
W.D., A.G.O. Form No. 115
          3 July, 1943
c16-27769-2
(1)

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CHARGE I: Violation of the 64th Article of War.

Specification: In that Private Lennie O. Bark, Company A, 128th Infantry, having received a lawful command from First Lieutenant Joe R.Loganby, his superior officer, to report on the drill field for duty, did at Fort Jackson, South Carolina, on or about 28 September 1943, willfully disobey the same.

CHARGE II: Violation of the 69th Article of War.

Specification: In that Private Lennie O. Bark, Company A, 128th Infantry, having been duly placed in confinement in the 128th Infantry Guardhouse, Fort Jackson, South Carolina, on or about 28 September 1943, did, at Fort Jackson, South Carolina, on or about 28 September 1943, escape from said confinement before he was set at liberty by proper authority.

CHARGE III: Violation of the 58th Article of War.

Specification: In that Private Lennie O. Bark, Company A, 128th Infantry, did, at Fort Jackson, South Carolina, on or about 28 September 1943, desert the service of the United States and did remain absent in desertion until he was apprehended at Charleston, South Carolina, on or about 26 November 1943.

 

 

 

 

(Additional sheets, if necessary, for charges and specifications will be attached here. Ordinary 8 by 121/2-inch paper will be used for additional sheets)

(2)

c16-27769-2

(WRITE NOTHING BELOW THIS LINE)

 

--172--

 

 


(WRITE NOTHING ABOVE THIS LINE)

(Signature of accuser)       [Joe R. Loganby]            
      JOE R. LOGANBY,          
            1st Lt. 128th Inf          

(Grade, organization, arm, or service)

AFFIDAVIT

Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the above-named accuser this    27th    day of    November      , 1943, and made oath that he is a person subject to military law and that he personally signed the foregoing charges and specifications, and further that he has personal knowledge of the matters set forth in specifications (Indicate by specification and charge numbers):    of Charge I     ; and has investigated the matters set forth in (Indicate by specification and charge numbers):    of Charges II and III    , and that the same are true in fact, to the best of his knowledge and belief.

(Signature)    [Bradley M. McGinty]                                     
              BRADLEY M. McGINTY (Grade and organization) 
                      Capt, 128th Inf. Adjutant              
              (Official character, of summary court, notary public, etc.)

NOTES.-- At (*) strike out words not applicable.

If the accuser has personal knowledge of the facts stated in one or more specifications or parts thereof, and his knowledge as to other specifications or parts thereof is derived from investigation of the facts, the form of the oath will be varied accordingly. In no case will he be permitted to state alternatively, as to any particular charge or specification, that he either has personal knowledge or has investigated.

If the oath is administered by a civil officer having a seal, his official seal should be affixed.


1st IND.

Headquarters       29th Inf Div          ,       Fort Jackson, S.C.          ,
(Post)
      1 December          ,
(Date)
1943

Referred for trial to Maj Howard J. Hitchings, Hq 29th Inf Div, Trial JA of general [Grade, name, and organization of summary court, or trial judge advocate]                                         [Summary) (Trial judge advocate of special or general] court-martial appointed by paragraph  1  , Special Orders No.  261 , Headquarters  29th Inf Div   .  18 September   , 1943 as amended by par 11, SO No 273, Hq 29th Inf Div, 30 Sept 43.

By  command     [Command or order) of  Major General SAMSON          [Grade and name of commanding officer]

      /signed/          
JEFFREY W. BERTOLI,
Maj, AGD,
Adjutant General

 

 

--173--

I have served a copy hereof on (each of) the above-named accused, this    1st    day of  December     , 1943.

(Signature) [Howard J.Hitchings] Trial Judge Advocate.
HOWARD J. HITCHINGS,                        
Maj, Hq 29th Inf Div                                 
                    (Grade and organization)                        

(SPACE FOR USE WHERE TRIAL IS BY SUMMARY COURT)

CASE No. __________

SPECIFICATIONS AND CHARGES PLEAS FINDINGS SENTENCE OR ACQUITTAL AND REMARKS
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

Place ____________________, Date ____________________, 19____

                                                                                                                                 
(Signature, grade, and organization)
Sumary Court.

Headquarters                                                                 ,
(Place and date)
19     


(Action of reviewing authority)

                                                              , Commanding.
(Signature, grade, and organization)                                  

Entered on service record in cases of conviction                                                                                        
(Initials of personnel adjutant)

(4)

(WRITE NOTHING BELOW THIS LINE)


 

 

 

--174--

 

LETTER OF TRANSMITTAL   COURT-MARTIAL CHARGES

Company A, 128th Infantry
(Organization)

Fort Jackson, S.C.        
(Place)          
27 November 1943        
(Date)            

Subject: General or Special Court-Martial Charges.
To: Commanding Officer, 128th Infantry
(Organization)
Fort Jackson, S.C.
(Place)

  1. In compliance with paragraph 23, MCM, there are forwarded herewith court-martial charges against:

    Bark           Lennie O.         20401234       Pvt.       Co A, 128th Inf.      
    (Last name   (First name and             (ASN)             (Grade)       (Organization)
    of accused)   middle initial)

  2. Summaries of expected testimony upon which the charges are based are attached.

  3. The following documentary evidence and exhibits upon which the charges are based are attached:

    1. Extract copy of morning report, Co A, 128th Inf, months of September and November 1943.

    2. Extract copy of guard reports, 128th Inf, months of September and November 1943.

  4. There is attached evidence of one   previous convictions of accused.

  5. Civilian offenses, character, occupation, and other information of the accused before entrance into the Army: See Incl. 5 attached.

  6. Character of military service of accused prior to offenses here charged: Satisfactory.

  7. In my opinion he should       be eliminated from the service.

  8. I recommend trial by General Court-Martial.

            /signed/          
            (Signature)      
 
  JOE R. LOGANBY    
(Name typed)        
 
1st Lt. Inf.      Comdg.
(Grade and Organization)

5 Incls.
Incl. 1 -- Charge sheet (in trip.).
Incl. 2 -- Summaries of expected testimony (in trip.).
Incl. 3 -- Documents listed in par. 3.
Incl. 4 -- Evidence of previous convictions (in trip.).
Incl. 5 -- Civilian record of accused.

--175--

 

 

  FORWARDING INDORSEMENTS


201 Bark, Lennie O.         (Enl)       1st Ind.
(Name of accused, last name first)
Hq, 128th Inf           Fort Jackson, S.C.       28 November         1943
(Organization)                 (Place)                                     (Date)
To: 1st Lt Leland V. Neeland       Hq 128th Inf             Fort Jackson, S.C.
(Rank) (Full name)                             (Organization)                         (Place)

  1. You are designated to investigate the inclosed charges against [Grade and full name of accused]: Pvt Lennie O. Bark   [ASN]: 20401234   [Organization]: Co A, 128th Inf

    Your investigation will be conducted in conformity with paragraph 35a, MCM.

  2. The investigation will be completed on W.D. A.G.O. Form No. 120 (Pretrial Investigating Officer's Report) and return within 48 hours. Any delay beyond that period will be explained in your report.

By order of Colonel SWINBURNE

/signed/ Bradley M. McGinty
(Signature)          
 
Bradley M. McGinty            
(Name typed)            
 
Capt. 128th Inf                    
(Grade and organization)
Adjutant.

5 Incls.
    n/c

--176--

 

PRETRIAL INVESTIGATING OFFICER'S REPORT
  2nd   Ind.

Lt. Leland V. Neeland, Hq. 128th Inf.    , Investigating Officer,   28 November  , 1943

To: Co, 128th Inf., Fort Jackson, S.C.          

  1. I have investigated the inclosed charges dated   27 November 1943   against Pvt Lennie O. Bark, 20401234,Co A, 128th Inf       in accordance with the provisions of Article of War 70 and paragraph 35a, Manual for Courts-Martial. At the outset of the investigations, I informed the accused of the nature of the charges alleged against him; of the names of the accuser and witnesses, so far as known to me; of the fact that the charges were about to be investigated; of his right to cross-examine all available witnesses against him and to present anything he may 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 that it was not necessary for him to make any statement with reference to the charges against him, but that if he did make one it might be used against him.

  2. In the presence of the accused, I have examined all available witnesses and documentary evidence 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 on both sides, which statement is attached hereto as hereinafter indicated:
    1st Lt Joe E. Loganby, Co A, 128th Inf. Exhibit A
    1st Lt Cass M. Grant, Co A, 128th Inf, Exhibit B
    Sgt Lester R. Pitch, Co A, 128th Inf, Exhibit C
    Sgt Marion D. Kelley, Jr, Co A, 128th Inf, Exhibit D
    Sgt Charles Sellins, 1650th S.U., M.P. Det, Charleston, S.C., Exhibit E

  3. The substance of the expected testimony of the following-named witnesses either in oral or written form was made known to the accused who stated he did not desire to cross-examine such witnesses and therefore the same were not called or examined in the presence of the accused.
    1st Lt John Smith, 128th Inf, Fort Jackson, S.C., Exhibit F

  4. The following documents have been examined, shown to the accused, and are appended:

    1. Extract copy of morning report, Co A, 128th Inf, months of September and November, 1943, Exhibit G.

    2. Extract copy of guard reports, 128th Inf, months of September and November 1943, Exhibit H.

 

W.D., A.G.O. Form No. 120*
17 July 1944
*This form supercedes W.D. A.G.O. For No. 120,
5January 1943, which may be used until existing
stocks are exhausted.
(OVER) 16-82380-2

--177--

 

  1. The accused, after he had been carefully warned by me as above indicated, *said that he did not desire to make a statement--or--XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    *Strike out words not applicable.

  2. Explanatory of extenuating circumstances:

    The evidence adduced established a willful disobedience by the accused of the order of his superior officer, Lt Loganby. His unexplained absence of two months commencing with an escape from confinement and terminated by apprehensions, coupled with his statements made to the apprehending military policeman justifies the sustaining of the desertion charge. No mitigating or extenuating circumstances appear.

     

  3. There is no reasonable ground for a belief that the accused is now, or was at the time of the commission of the alleged offense(s), mentally defective, deranged, or abnormal.

  4. Trial by general court-martial     is accordingly recommended.

  5. There is attached a record of     one     previous convictions committed during the current enlistment and within one year preceding the commission of the offenses for which the accused is now charged. (Par. 79, MCM.).

  6. In arriving at my conclusions, I have considered not only the nature of the offenses and the evidence in this case, but I have likewise considered the age of the accused, his military service, the necessity for preserving the manpower of the Nation in the present emergency, of salvaging all possible military material, and the established policy of the War Department 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.

/signed/ Leland V. Neeland    
(Signature)              
 
    LELAND V. NEELAND    
(Name, typed)            
 
    1st Lt, 128th Inf               
(Grade and organization)      

5 Incls
    n/c

--178--

 

RECOMMENDATION OF TRIAL BY COURT-MARTIAL


201 Bark, Lennie O.         (Enl)       3rd Ind.
(Name of accused, last name first)
Hq, 128th Inf           Fort Jackson, S.C.       30 November         1943
(Organization)                 (Place)                                     (Date)
To: CG 29th Inf Div       Fort Jackson, S.C.
(Organization)                             (Place)

I recommend trial of the inclosed charges dated   27 November 1943   by   general   court-martial.

/signed/ Warner F. Swinburne  
(Signature)*            
 
WARNER F.SWINBURNE      
(Name, typed)            
 
Col, 128th Inf, Comdg.           
(Grade and organization)      

5 Incls.
    n/c

 

 

* This indorsement should be signed personally by the officer exercising court-martial jurisdiction over the accused, and not by an adjutant or other subordinate.

--179--

Loganby, Joe R., 1st Lt, Co A, 128th Inf (Sworn):

I am Commanding Officer of Co A, 128th Inf. On the morning of 28 September 1943 at about 0830 and after the company had gone out to drill, I had Pvt Bark brought up to the orderly room. He was not out with the company. When he came in,I told him, "You get out on that drill field right now." He refused and said he didn't intend to work any more while he was in the Army and that he had been there long enough already. When I saw he wasn't going to obey my order, I ordered him placed in confinement.

/signed/ Joe R. Loganby 
JOE R. LOGANBY        
1st Lt, Co A, 128th Inf  

Subscribed and sworn to before me
this 29th day of November 1943

/signed/ Leland V. Neeland
LELAND V. NEELAND
1st Lt, 128th Inf
Investigating Officer

 

EXHIBIT A (Inv. Off. Report)

--180--

Grant, Cass M., 1st Lt, Co A, 128th Inf (Sworn):

On the morning of 28 September 1943, after the company had gone out on the field for drill, someone discovered the accused in the latrine. Lt Loganby called the accused to the orderly room and questioned him as to the reason for not being on the field. I was there at the time. The accused said that he did not intend to go on the field and furthermore that he didn't intend to do any more work. Lt Loganby said, "You go out on the drill field right now." The accused said that he wold not and that he had been in the Army long enough and that he didn't like the way it was run. He stated that if he stayed here much longer he would commit suicide.

  /signed/ Cass M. Grant  
CASS M. GRANT        
1st Lt, 128th Inf          

Subscribed and sworn to before me
this 29th day of November 1943

/signed/ Leland V. Neeland  
      LELAND V. NEELAND
      1st Lt, 128th Inf
      Investigating Officer

 

 

EXHIBIT B (Inv. Off. Report)

--181--

Pitch, Lester R., Sgt, Co A, 128th Inf (Sworn):

I was in charge of quarters on 28 September and was in the orderly room at the time Pvt Bark was called in. The accused reused to obey Lt Loganby's command to go out on the drill field and stated he would not do any more work. He also said that he was tired of the Army and would commit suicide if he stayed here much longer.

  /signed/ Lester R. Pitch  
Lester R. Pitch        
Sgt, Co A, 128th Inf    

Subscribed and sworn to before me
this 29th day of November 1943

/signed/ Leland V. Neeland  
      LELAND V. NEELAND
      1st Lt, 128th Inf
      Investigating Officer

 

 

EXHIBIT C (Inv. Off. Report)

--182--

Kelley, Marion D., Jr, Sgt, Co A, 128th Inf (Sworn):

I was present on 28 September 1943 when Lt Loganby said to the accused, "Didn't I tell you that I wanted you on the field?" The accused said "yes." Lt Loganby said something to him about work and the accused said that he didn't intend to work any more.

  /signed/ Marion D. Kelley  
MARION D. KELLEY    
Sgt, Co A, 128th Inf    

Subscribed and sworn to before me
this 29th day of November 1943

/signed/ Leland V. Neeland  
      LELAND V. NEELAND
      1st Lt, 128th Inf
      Investigating Officer

 

 

EXHIBIT D (Inv. Off. Report)

--183--

Sellins, Charles, 1650th S.U., M.P. Det (Sworn):

On 26 November 1943 I was on patrol duty i9n Charleston, S.C. Accused was walking along a street in a dirty uniform, so I stopped him and asked him for his pass or furlough, which he said he didn't have.He then told me that they wouldn't let him fight in the Army like he wanted to so he wasn't going back to the Army and work any more. That was all that was said. I didn't say anything more than ask him for a pass before he started to talk.

  /signed/ Charles Sellins            
CHARLES SELLINS, 14063281
Sgt, Co A, 128th Inf    

Subscribed and sworn to before me
this 29th day of November 1943

/signed/ Leland V. Neeland  
      LELAND V. NEELAND
      1st Lt, 128th Inf
      Investigating Officer

 

 

EXHIBIT E (Inv. Off. Report)

--184--

Smith, John, 1st Lt, 128th Inf (Unsworn, by telephone):

I am prison officer of the 128th Infantry. The accused, Bark, was confined in the 128th Infantry Guardhouse on 28 September 1943. On that same afternoon he was absent at roll call and couldn't be found. He was not released by competent authority and did not have my permission to leave. On 26 November 1943 he was returned to confinement at the 128th Infantry Guardhouse.

 

 

EXHIBIT F (Inv. Off. Report)

--185--

ACCUSER'S SUMMARY OF EVIDENCE
in the case of

Bark, Lennie O., 20401234, Pvt, Co A, 128th Inf

1st Lt Joe R. Loganby Comdg Co A, 128th Inf, will testify that the accused was brought before him in the company orderly room on 28 September 1943 for failing to report for drill with his organization; that when commanded to go out on the drill field the accused refused, saying that he had been in the Army -plenty long already and that he didn't like the way it was run.

1st Lt Cass M. Grant and Sgt Lester R. Pitch, both Co A,128th Inf, will corroborate Lt Loganby's testimony, both having been present during the entire conversation.

Sgt Marion D. Kelley, Jr. Co A, 128th Inf, was in the orderly room during part of the conversation and hear Lt Loganby say to the accused, "Didn't I tell you that I wanted you on the field?" to which the accused said "Yes." He also heard Lt Loganby say something about work to which the accused replied that he didn't intend to work any more.

1st Lt John Smith, 128th Inf, will testify that accused, after being confined in the 128th Inf Guardhouse on 28 September 1943, escaped without authority on 28 September 1943 and didn't return until reconfined on 26 November 1943.

Sgt Charles Sellins, 1650th S.U., M.P. Det., Charleston, S.C., will testify that he picked accused up in Charleston, S.C., on 26 November 1943 because he didn't have a pass or furlough, and that accused told him he wasn't going back to the Army to do any more work.

/signed/ Joe R. Loganby
JOE R. LOGANBY    
1st Lt, 128th Inf      

Incl. 1

CIVILIAN RECORD
OF

Bark,       Lennie O.           Pvt.       Co A, 128th Inf.          

Chief of Police of Charleston, S.C., in reply to questionnaire, reports that prior to enlisting accused lived at Charleston, S.C., with his father, his mother having been dead for some years; that accused has married since his enlistment, but he and his wife are separated and she has instituted divorce proceedings; that he completed grade school and three years of high school, that quit school and secured a job as an elevator operator for about 15 months, earning $22.50 per week; and that accused has no police record and that his civilian character is fair.

  /signed/ Joe R. Loganby      
(Signature)      
 
  JOE R. LOGANBY            
(Name typed)          
 
  1st Lt. Inf.                       
(Grade and organization)  

Incl. 5

--186--

HEADQUARTERS 29TH INFANTRY DIVISION
Office of the Division Judge Advocate

Fort Jackson, S.C.
1 December 1943

JA 201 Bark, Lennie O. (Enl)

Subject: Recommendation as to disposition of court-martial charges.
To: Commanding General, 29th Infantry Division, Fort Jackson, S.C.

  1. The attached charges and allied papers in the case of Private Lennie O. Bark, 20401234, Company A, 128th Infantry, charged with willful disobedience of a lawful order of a superior officer, escape from confinement, and desertion, have been examined.

  2. The evidence supports all charges. It shows a flagrant violation of the 64th Article of War. Leadership in the organization of accused has been of consistently high quality and no circumstances appear to mitigate this act of willful disobedience. The remaining two charges, equally well established by the evidence, leave no choice but to recommend trial by general court-martial in order that an adequate sentence may be imposed. The prior record of accused presents nothing in his favor and he has one previous conviction. He appears to be mentally competent.

  3. I recommend trial by general court-martial.

/signed/ Charles E.Taney
CHARLES E. TANEY
Lt Col, JAGD
Division Judge Advocate

1 Incl.
  Ltr fr Co A, 128th Inf, 28 Sept 43
  w/3 inds, and 5 incls.

--187--

Public Voucher--Personal Service

--188--

ITEMIZED SCHEDULE OF ALLOWANCES CLAIMED

Date CHARACTER OF SERVICES RENDERED RATE AMOUNT
 
 
 
Reporting GCM case of Pvt. Lennie O. Bark, Co. A., 18th Inf., Fort Jackson, S.C., GCM aptd by par. 1, S.O. 261, Hq. 29th Inf. Div., 18 Sept. 43.
 
     
 
7 Dec 1943
 
 
1 hour actually spent in court (1930-2015)
 
 
50¢
 
   
50  
 
 
10 December 1943
 
 
2 hours (0900-1115) actually spent in court
 
 
50¢
 
 
1
 
 
00
 
   
For transcribing notes and for making that portion of the original record which is required to be typewritten, 5,180
 
 
 
 
 
 
 
 
 
20¢ per
100 words 
 
 
  10
 
 
36
 
  Total,   11 86 

--189--

Public Voucher--Personal Services

--190--

ITEMIZED SCHEDULE OF ALLOWANCES CLAIMED

Date CHARACTER OF SERVICES RENDERED RATE AMOUNT
 
 
 
Reporting GCM case of Pvt. Lennie O. Bark, Co. A., 18th Inf., Fort Jackson, S.C., GCM aptd by par. 1, S.O. 261, Hq. 29th Inf. Div., 18 Sept. 43.
 
     
 
7 Dec 1943
 
 
1 hour actually spent in court (1930-2015)
 
 
50¢
 
   
50  
 
 
10 December 1943
 
 
2 hours (0900-1115) actually spent in court
 
 
50¢
 
 
1
 
 
00
 
   
For transcribing notes and for making that portion of the original record which is required to be typewritten, 5,180
 
 
 
 
 
 
 
 
 
20¢ per
100 words 
 
 
  10
 
 
36
 
  Total,   11 86 

--191--

 

TRANSMITTAL OF RECORD BY TRIAL JUDGE ADVOCATE              
      (Leave the space above this line for binding)

Fort Jackson, S.C.        
(Place)          
13 December     1943    

201 Bark, Lennie O.          (Enl)
      (Name of accused, last name first)

Subject: Transmittal of Record of Trial.
To: Commanding General, 29th Infantry Division, Fort Jackson, S.C.  

Pursuant to paragraph 85c, MCM there are transmitted herewith the record of trial and accompanying papers in the case of Pvt Lennie O. Bark, Co. A, 128th Inf.

/signed/ Howard J. Hitchings
(Signature)      
 
HOWARD J. HITCHINGS   
(Name typed)          
 
Maj. Inf.                            
(Grade and branch)    
Trial Judge Advocate.

1 Incl.
   Record of trial and
   accompanying papers.

--192--

RECORD OF TRIAL
(Proper)

of

          Bark                             Lennie O.                             20401234          
        (Last name)               First name and middle initial)             (Army serial No.)

              Private                                     Company A, 128th Infantry                
                (Grade)                                                   (Organization)

          Fort Jackson, S.C                    
      (Station)

By

GENERAL COURT MARTIAL
Appointed by the Commanding Officer

      29th Infantry Division      

Tried at

    Fort Jackson, S.C.                                 7 Dec and 10 Dec     , 1943   

Index Page
Arraignment 4
Pleas 8
Statement by accused 14
Findings 16
Sentence (or acquittal) 17
Proceedings in revision  

TESTIMONY

Name of Witness Direct Cross Redirect Recross Court Recalled
 
Smith, 1st Lt., John
Page
6
Page
-
Page
-
Page
-
Page
-
Page
-
Wilcy, Major, Arthur J. 7 - - - - -
Loganby, 1st Lt., Joe R. 9 10 - - - -
Pitch, Sgt., Lester R. 11 11 - - 12 -
Sellins, Sgt., Charles 12 13 - - - -
             
             
             
             
             
             
             
             
             
             

--193--

EXHIBITS, ETC., APPENDED

 
Description
 
 
Number
Page where
introduced
Extract Copy of Morning Report 1 12
Extract Copy of Guard Reports 2 12
Record of Previous Convictions 2 16
     
     
     
     
     
     
     
     
     
     

RECEIPT FOR COPY OF RECORD

I hereby acknowledge receipt of a carbon copy of the above described record of trial, delivered to met at       Fort Jackson, South Carolina                     this    13th    day of    December   , 19 43 .

/signed/ Lennie O. Bark          
(Signature of accused)            

 

--194--

PROCEEDINGS OF A GENERAL COURT MARTIAL

which convened at Fort Jackson, South Carolina       pursuant to the following order      .

HEADQUARTERS 29TH INFANTRY DIVISION
Fort Jackson, South Carolina

18 September 1943

Special Orders )
  |
No.     201 )

E X T R A C T

1. A GCM is aptd to meet at Fort Jackson, S.C., at 1900 on 20 Sept 43, or as soon thereafter as practicable, for the trial of such persons as may properly be brought before it:

DETAIL FOR THE COURT

LT COL WALKER E. UPCHURCH, 024163, 116th Inf
MAJ MARK L. HAWKINS, 031262, 131st Eng Bn, Law Member
CAPT LOWRIE D. CORY, 0301687, 182d QM Co
1ST LT HARTLEY VAN KLEEK JR., 041238, 116th Inf
1ST LT PHILLIP C. SMASHEY, 0631301, 128th Inf
1ST LT ELIHU B. STALK, 0634812, 230th FA Bn
2D LT GEORGE S. TROUTLINE, 0486201, Hq Co, 29th Inf Div
2D LT PAUL H. WENTE, 0516236, 128th Inf

MAJ HOWARD J. HITCHINGS, 0341266, Hq 29th Inf Div, Trial JA
1ST LT CLEM G. McWAIN, 0496822, 116th Inf, Asst Trial JA

MAJ THOMAS I.L TRUEBLOOD, 0201366, 128th Inf, Def Counsel
1ST LT HARRISON PROUDFOOT, 0386998, 193d FA Bn, Asst Def Counsel

All unarraigned cases in the hands of the Trial JA of GCM apted by par 18, SO 161, this Hq, 10 June 43, will be brought to trial before the court hereby aptd.

*           *           *           *           *           *          

By command of Major General SAMSON:

G.H. SMOTHERS
Col GSC
C of S

OFFICIAL:

 

 

Page 1

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HEADQUARTERS 29TH INFANTRY DIVISION
Fort Jackson, South Carolina

30 September 1943

Special Orders
No. 273

E X T R A C T

*           *           *           *           *           *          

11. CAPT ODELL W. WOOLEY, 0316622, 116th Inf is detailed as a member of the GCM aptd by par 1, SO 261, this Hq, dated 18 Sept 43 vice CAPT LOWRIE D. CORY, 0301687, 182d QM Co reld

*           *           *           *           *           *          

By command of Major General SAMSON:

G.H. SMOTHERS
Col GSC
C of S

OFFICIAL:

 

 

Page 1a

 

--196--

    Fort Jackson, South Carolina          
(Place)                
 
7 December      , 1943
(Date)      

ORGANIZATION OF THE COURT

The court met pursuant to the foregoing at     1930       o'clock    M.

PRESENT

Lt Col Walker E. Upchurch, 118th Inf
Maj Mark L. Hawkins, 131st Eng Bn, Law Member
Capt Odell W. Woolley, 116th Inf
1st Lt Hartley Van Kleck, Jr. 116th Inf
1st Lt Phillip C. Smashey, 128th Inf
1st Lt Elihu B. Stalk, 230th FA Bn
2d Lt Paul H. Wente, 128th Inf

Maj Howard J. Hitchings, Hq 29th Inf Div, Trial JA

Maj Thomas I. Trueblood, 128th Inf, Def Counsel
1st Lt Harrison Proudfoot, 193d FA Bn, Asst Def Counsel

 

 

ABSENT

2d Lt George S. Troutline, Hq Co, 29th Inf Div (Excused by appointing authority)
1st Lt Clem G. McWain, 116th Inf,Asst Trial JA (Change of station)

 

 

The court proceeded to the trial of Private Lennie O. Bark       20401234       Company A, 128th Infantry       who, on appearing before the court, was asked by the trial judge advocate whom he desired to introduce as counsel.

Record of trial GCM.
    See appendix 6, MCM.
Page 2  

--197--

The accused stated he desired to be defended by the defense counsel and the assistant defense counsel.

James T.McSorley           was       sworn       as reporter.

PROSECUTION TO ACCUSED: Do you want a copy of the   record of your trial?    

ACCUSED:   I do.      

The trial judge advocate then announced the names of the accuser,the investigating officer, officers who forwarded the charges and any members of the court who would be called as witnesses for the prosecution as follows: The charges were preferred by First Lieutenant Joe E. Loganby, investigated by First Lieutenant Leland V. Neeland, and forwarded by Colonel Warner E. Swinburne, and no member of the court will be a witness for the prosecution.

 

 

PROSECUTION: If any member of the court is aware of any   facts   which he believes to be a ground of challenge by either side against any member it is requested he state such facts.

PRESIDENT: Apparently there are none.

 

 

PROSECUTION: The prosecution has   no   challenges, for cause but challenges Captain Odell W. Woolley peremptorily.

Captain Woolley was excused and withdrew.

 

 

PROSECUTION TO ACCUSED: You now have the right to   challenge   any member or members of the court for cause, and any one member, other than the law member, peremptorily.

DEFENSE: The defense challenges 1st Lt Phillip C. Smashey for cause on the ground that he has expressed and positive and definite opinion as to the guilt of the accused on the original charge.

1st LT SMASHEY: It is true that I was in Company A, 128th Infantry, during the time of the alleged offense and discussed the charge but I have no clear recollection of the details of the case or of expressing an opinion as to the guilt of the accused. However, it is perfectly possible that I might have expressed such an opinion.

PRESIDENT: The court will be closed.

The challenged member withdrew, the court was closed and voted upon the challenge by secret written ballot, and upon being opened, the president announced that the challenge was sustained and the challenged member thereupon withdrew.

The accused was then asked if he objected to any other member present, to which he replied in the negative.

Record of trial GCM.
    See appendix 6 and AW19, MCM.
Page 3  

--198--

The members of the court and the personnel of the prosecution were then   sworn  .

ARRAIGNMENT

The accused was then arraigned upon the following charges and specifications:

CHARGE: Violation of the   64th   Article of War.

Specification: In that, Private Lennie O. Bark, Company A, 128th Infantry, having received a lawful command from First Lieutenant Joe R. Loganby, his superior officer, to report on the drill field for duty, did, at Fort Jackson, South Carolina, on or about 28 September 1943, willfully disobey the same.

CHARGE II: Violation of the 69th Article of War.

Specification: In that Private Lennie O. Bark, Company A, 128th Infantry having been duly placed in confinement in the 128th Infantry Guardhouse, Fort Jackson, South Carolina, on or about 28 September 1943, did, at Fort Jackson, South Carolina, on or about 28 September 1943, escape from said confinement before he was set at liberty by proper authority.

CHARGE III: Violation of the 58th Article of War.

Specification: In that Private Lennie O. Bark, Company A, 128th Infantry, did, at Fort Jackson, South Carolina, on or about 28 September 1943, desert the service of the United States and did remain absent in desertion until he was apprehended at Charleston, South Carolina, on or about 26 November 1943.

 

 

Record of trial GCM.
    See appendix 6 and AW19, MCM.
Page 4  

--199--

/s/      Joe R. Loganby                    
(Signature of accuser (TYPED))      
 
      JOE R. LOGANBY               
(Name (TYPED))              
 
      1st Lt, 128th Inf                   
(Grade, organization, or arm of service)

AFFIDAVIT

Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the above-named accuser, this   27th   day of   November  , 1943, and made oath that he is a person subject to military law and that he personally signed the foregoing charges and specifications, and further that he has personal knowledge of the matters set for in specifications   of Charge I          , and has investigated the matters set forth in specifications   of Charges II and III          , and that the same are true in fact, to the best of his knowledge and belief.

/s/      Bradley M. McGinty                                  
(Signature of accuser (TYPED))                    
 
      BRADLEY M. McGINTY                          
(Name (TYPED))                                
 
      1st Lt, 128th Inf                                      
(Grade and organization)                        
 
        Adjutant                                                
(Official character, as summary court, notary public, etc.)

1st IND.

Headquarters   29th Inf Div      , Fort Jackson, S.C.         1 Dec      , 1943

Referred for trial to   Maj Howard J. Hitchings, Hq 29th Inf Div      

Trial Judge Advocate of general court-martial appointed by paragraph   1  , Special Orders No.   261  , Headquarters   29th Inf Div   18 September  , 1943 as amended by paragraph 11, Special Orders No. 273, Headquarters 29th Inf Div, 30 September 1943.

By command of Major General SAMSON:          

  /s/ Jeffrey W. Bertoli    , Adjutant.
    JEFFREY W. BERTOLI
The accused then pleaded as follows:   Maj, AGD
    Adjutant General
To     Specification    , Charge    :
To     Charge      :

DEFENSE: The actions and demeanor of the accused during the past few days have raised a doubt in my mind as to his existing mental condition. He has behaved peculiarly and I have been unable to get him to cooperate properly in the preparation of his defense.Whether his conduct is due to an unstable mental condition I have been unable to determine. In the interest of justice I believe that the court should inquire into his mental condition. I now desire to call a witness in support of the statement I have just made and then to move that the court recommend to the appointing authority that the mental condition of accused be inquired into and a report made, and that pending such inquiry the court adjourn to meet again at the call of the president.

LAW MEMBER: Subject to objection by any member the witness may be called.

1st Lieutenant John Smith, 128th Infantry, a witness for the defense was sworn and testified as follows:

 

 

Record of trial GCM.
    See appendices 3 and 6, MCM.
Page 5  

--200--

DIRECT EXAMINATION

Questions by Prosecution:

Q. State your name, grade, organization and station.
A. John Smith, First Lieutenant, 128th Infantry, Fort Jackson, S.C.

Q. Do you know the accused? If so, state his name.
A. I do, Lennie O. Bark.

Q. Is he in the military service of the United States?
A. Yes, sir.

Q. What is his grade and organization?
A. Private,Company A, 128th Infantry

Questions by Defense:

Q. How long have you known him?
A. Since September 28th 1943.

Q. What has been your relation to the accused since that date?
A. I am the prison officer of the 128th Infantry and the accused was confined in the regimental guardhouse, which is under my jurisdiction.

Q. Have you observed the Actions and demeanor of the accused during his confinement?
A. I have.

Q. State what you observed.
A. The actions and demeanor of the accused have been out of the ordinary. He has been sullen and morose, has shown no interest in what goes on about him and has failed to cooperate with his counsel in preparing his case for trial. He has been erratic in his actions and unreliable in his work.

DEFENSE: I renew my motion for an adjournment and a recommendation by the court to the appointing authority for examination of accused by a medical board or officer to inquire into and give a report on the mental condition of the accused.

LAW MEMBER: Subject to objection by any member of the court the motion of the defense counsel is granted.

The court then at 2015 on 4 December 1943, adjourned to meet at the call of the president.

/signed/
HOWARD J. HITCHINGS
Major, Hq, 29th Inf. Div.
Trial Judge Advocate.
 
Fort Jackson, South Carolina
 
10 December4 1943

The court met, pursuant to adjournment at 0800, all the personnel of the court, prosecution and defense, who were present at the close of the previous session in this case, being present.

 

Page 6
 

--201--

The accused and reporter were also present.

PROSECUTION: Second Lieutenant George S. Troutline, who was detailed as a member of the court in the appointing order, is now present. The prosecution does not challenge him. The accused now has an opportunity to exercise his rights as to challenge, for cause or peremptorily, to Lieutenant Troutline.

DEFENSE: The accused does not desire to challenge Lieutenant Troutline, either for cause or peremptorily.

Lieutenant Troutline was sworn as a member of the court.

The record of proceedings of 7 December 1943 in this case was then read to the new member.

PROSECUTION: After the adjournment of the court on 7 December 1943, the appointing authority at the request of the court, appointed Major Arthur J.Wiley, Medical Corps, psychiatrist for 29th Infantry Division, to inquire into and report on the mental condition of the accused.The major is now available as a witness.

PRESIDENT: Major Wiley will be called as a witness.

Major Arthur J. Wiley, Medical Corps, a witness for the court was sworn and testified as follows:

DIRECT EXAMINATION

Questions by prosecution:

Q. State your name, grade, organization and station.
A. Arthur J. Wiley, Major, Medical Corps, 29th Infantry Division, Fort Jackson, South Carolina. I am division psychiatrist.

Q. Do you know the accused? If so, state his name.
A. I do; Lennie O. Bark.

Q. Is he in the military service of the United States?
A. He is.

Q. What is his grade and organization?
A. Private, Company A, 128th Infantry.

Q. Directing your attention to the period between 7 December and 9 December 1943 state whether or not you saw the accused during that period.
A. Yes, I saw him several times.

Q. Did you during that period have occasion to examine the accused with reference to his mental condition?
A. Yes, sir.

Q. Major, based upon your examination, what is your opinion as to the present mental condition of the accused?
A. The accused is now mentally sound and able to intelligently cooperate in his own defense.

Q. In your opinion at the time of the alleged offense did the accused know the difference between right and wrong?
A. Yes, sir.  

Page 7
 

--202--

Q. At that time was the accused in your opinion able to adhere to the right?
A. Yes, sir.

The defense declined to cross-examine the witness.

There being no further questions, the witness was excused and withdrew.

DEFENSE: We have no evidence to present on the mental issue.

LAW MEMBER: Subject to objection by any member of the court, it is the ruling of the law member that at the times of the commission of the several offenses charged and at the present time, the accused is not suffering from any mental disease or defect, can distinguish between right and wrong and adhere to the right, and that the trial proceed.

PROSECUTION: Has accused any special pleas to offer?

DEFENSE: No, sir.

PRESIDENT: The accused will plead to the general issue.

The accused pleaded as follows:

To the Specification, Charge I: Not Guilty.
To Charge I: Not Guilty.
To the Specification, Charge II: Guilty.
To Charge II: Guilty.
To the Specification, Charge III: Guilty, except the words "desert" and "in desertion",substituting therefor, respectively, the words "absent himself without leave from" and "without leave", of the exempted words not guilty, of the substituted words guilty.
To Charge III: Not guilty, but guilty of violation of the 61st Article of War.

PRESIDENT: The law member will explain to the accused the meaning and effect of his please of guilty to specification of Charge II and Charge II, and of his plea of guilty to absence without leave and violation of the 61st Article of War under Charge III and its specifications.

The law member explained to the accused the effect of his pleas of guilty.

PRESIDENT: Do you still desire to plead guilty to specification of Charge II and Charge II and to absence without leave in violation of the 61st Article of War under Charge III and its specification.

ACCUSED: Yes, sir.

 

Page 8

 

--203--

By direction of the court the following matters were read to the court by the trial judge advocate, to wit: None.

 

The trial judge advocate       then made   an   opening statement to the court.

TESTIMONY FOR THE PROSECUTION

  1st Lt Joe R. Loganby, Co A, 128th Inf       a witness for the prosecution, was sworn and testified as follows:

DIRECT EXAMINATION

Questions by prosecution:

Q. State your full name, grade, organization, and station.
A. Joe R. Loganby, 1st Lt, Co A, 128th Inf, Fort Jackson, S.C.    

Q. Do you know the accused? If so, state his name?
A. I do;     Lennie O. Bark    

Q. Is he in the military service of the United States?
A.   Yes, sir    

Q. What is his grade and organization?
A. Private, Company A, 128th Infantry          

 

 

Record of trial GCM.
    See appendix 6 and AW 19.
Page 9  

 

--204--

Q. What is your official connection with Company A, 128th Infantry?
A. I was Company Commander.

Q. How long have you been the commanding officer of Company A, 128th Infantry?
A. Since 15 August 1943.

Q. Lieutenant Loganby, did you have occasion to see the accused, Private Bark, on 28 September 1943?
A. Well sir, on the morning of the 28th at about 0830, the charge of quarters came into the orderly room and said that Bark was down in the latrine. The company was out drilling at the time.

Q. Just state what happened.
A. Well, I told the charge of quarters to go down and bring Bark up to the orderly room, and in a few minutes he was brought up.

Q. State what was said if anything by you to the accused when he came to the orderly room.
A. I said, "You get out on the drill field right now."

Q. How far were you from the accused at that time?
A. I would say about five feet. He was just across my desk from me.

Q. In what tone of voice did you speak to him?
A. A little louder than I am speaking now.

Q. What, if anything, did he say or do in reply?
A. He said "No, I won't. I don't intend to work any more while I am in the Army."

Q. What else if anything did he say?
A. He said that he didn't like the way the Army was run.

Q. Tell the court whether the accused obeyed your command.
A. He did not. He just stood there and said what I already told you.

Q. What did you do next?
A. I ordered him placed in confinement in the 128th Infantry guardhouse.

CROSS EXAMINATION

Questions by defense:

Q. Didn't the accused say that he wanted to fight?
A. Yes, sir.

Q. What did he say on the 28th in that connection?
A. He said that he didn't like the way the Army was run; that he joined the Army to fight and had been setting on the post two years, or been here too long; I believe he didn't say years or months, but that he

 

Page 10

 

--205--

had been here too long if he wasn't going to fight, he didn't see why he had to work and he didn't see any good in working, and he wasn't going to work any more.

There being no further questions the witness was excused and withdrew.

Sergeant Lester R. Pitch, Company A, 128th Infantry, Fort Jackson, South Carolina, a witness for the prosecution, was sworn and testified as follows:

DIRECT EXAMINATION

Questions by prosecution:

Q. State your name, grade, organization and station.
A. Lester R. Pitch, Sergeant, Company A, 28th Infantry, Fort Jackson, South Carolina.

Q. Do you know the accused? If so, state his name.
A. Yes, sir. He's Lennie Bark.

Q. Is he in the military service?
A. Yes, sir.

Q. What is his grade and organization?
A. He is a private in our organization, Company A, 128th Infantry.

Q. Were you on duty with Company A, 128th Infantry, on the morning of 28 September 1943?
A. Yes, sir.

Q. Where?
A. In the company orderly room. I was in charge of quarters.

Q. Did you see the accused that morning?
A. Yes, sir.

Q. Were you present when the company commander gave him an order?
A. Yes, sir.

Q. What, if anything, did the company commander say to the accused?
A. He told him to get right out on the drill field.

Q. Did he obey the Lieutenant's order?
A. He did not, sir.

Q. What, if anything, did the accused say to Lieutenant Loganby in response to his command?
A. He said he wasn't going to work and that the Army was all imagination and he didn't like the way it was run.

CROSS EXAMINATION

Questions by defense:

Q. Did the accused make any attempt to or start to carry out the order that you say you heard the commanding officer gave him?
A. Well, sir, he hesitated just a moment then said he refused to do it.

 

Page 11
 

--206--

Q. To whom did he make this statement?
A. To Lieutenant Loganby, sir.

Q. Were you present when the accused made statements to Lieutenant Loganby about wanting to fight? What were they?
A. Yes sir. He said that he joined the Army to fight and that he was willing to fight if he could go across, but he didn't intend to work anymore as long as he stayed here; that he was tired of working.

EXAMINATION BY THE COURT

Q. Where were you in the orderly room in reference to Lieutenant Loganby's office?
A. Just outside the door, approximately five feet from Bark.

There being no further questions the witness was excused and withdrew.

PROSECUTION: (After showing document to defense) The prosecution offers into evidence as Prosecution's Exhibit 1 an extract copy of the morning report of Company A, 128th Infantry,duly authenticated by its commander and legal custodian, 1st Lt. Joe R. Loganby for the months of September and November, 1943, containing entries concerning the accused.

DEFENSE: Objected to as not the best evidence and hearsay. The original should be produced. Also the company commander who testified a few minutes ago could have been examined concerning the entries.

LAW MEMBER: Objection overruled. The document as admitted into evidence and marked Prosecution's Exhibit 1.

PROSECUTION: (After showing document to defense) The prosecution next offers into evidence as Prosecution's Exhibit 2 and extract copy of the guard reports of the 128th Infantry duly authenticated by the regimental adjutant, its legal custodian, for the months of September and November, 1943, containing entries concerning the accused.

DEFENSE: Same objection.

LAW MEMBER: Overruled. The document will be admitted and marked Prosecution's Exhibit 2.

Sergeant Charles Sellins, 1650th Service Unit, Military Police Detachment, a witness for the prosecution, was sworn and testified as follows:

DIRECT EXAMINATION

Questions by prosecution:

Q. State your name, grade, organization and station.
A. Charles Sellins, Sergeant, 1650th Service Unit, M.P. Detachment, Charleston, South Carolina.

Q. Do you know the accused? If so, state his name.
A. I do, Lennie O. Bark, Company A, 128th Infantry.

Q. What is your present duty assignment?
A. On military police duty, Charleston, South Carolina.

 

Page 12

 

--207--

Q. Tell the court how you know this accused.
A. On the morning of 26 November 1943, I was on patrol duty in Charleston, South Carolina. I saw the accused walking up the street in a dirty uniform. I stopped him and asked him for his pass. He said he didn't have one. I asked him for a furlough and he said he hadn't one.Then he told me that he came into the Army to fight and they wouldn't let him fight so he wasn't going back to the Army and work.

DEFENSE: I move that the statement made by the accused to Sergeant Sellins be stricken out on the ground that it amounts to a confession; that Sergeant Sellins at the time the statement was made was the superior of the accused, and that no warning of his rights was given to the accused by the Sergeant.

PROSECUTION: Before the law member rules on this motion, I desire to ask the witness some additional questions.

LAW MEMBER: You may proceed.

Q. Did you warn the accused of his rights?
A. No, sir.

Q. Did you threaten him?
A. No, sir.

Q. Did you promise him anything?
A. No, sir.

Q. How was this statement made?
A. He made the statement without any urging of any kind on my part.

Q. Why didn't you warn him?
A. When he told me this I didn't know he was even AWOL. He just made the statement to me right after I asked him for his furlough papers.

LAW MEMBER: The statement made by the accused to the witness was voluntary. The motion to strike is denied.

Q. Sergeant Sellins, then what did you do?
A. I found out he was from Company A of 128th Infantry and took him down to police station.

CROSS EXAMINATION

Q. The accused was dressed in his uniform, wasn't he?
A. Yes, sir.

There being no further questions, the witness was excused and withdrew.

PROSECUTION: The prosecution rests.

DEFENSE: The defense moves for a finding of not guilty of the first charge and its specification on the ground that the evidence before the court is not legally sufficient to support a finding of guilty of such charge and specification. One of the elements of proof of willful disobedience, as given in paragraph 134b, Manual for Courts-Martial, 1928 (corrected April 30,1943),is that accused willfully disobeyed such command, and this element has not been proven in this case. The evidence does not establish the guilt of the accused.

 

Page 13

 

--208--

LAW MEMBER: Subject to objection by any member of the court the defense's motion for a finding of not guilty of the first charge and its specification is denied.

LIEUTENANT WENTE, a member: I object.

PRESIDENT: The court will be closed.

The court was closed and upon being opened, the president announced that the motion of the defense for a finding of not guilty of Charge I and its specification was denied.

DEFENSE: The defense has explained to the accused his rights as a witness, and he desires to take the stand and be sworn as a witness confining his testimony to CHarge I and its specification.

The law member at the request of the president again explained to accused his rights and asked accused what he desired to do.

ACCUSED: I desire to be sworn as a witness and testify only to the charge of disobedience of orders.

The accused at his own request was therefore sworn and testified as follows:

DIRECT EXAMINATION

Questions by prosecution:

Q. State your name, grade, organization and station.
A. Lennie O. Bark, Company A, 128th Infantry, Fort Jackson, S.C., Private.

Q. Are you the accused in this case?
A. Yes, sir.

Questions by defense:

Q. Private Bark, I want you to tell the court exactly what happened on 28 September that concerns this charge before the court.
A. That morning we had the usual routine and I was detailed to drive a truck into Columbia, South Carolina, which isn't very far from Camp.

Q. Then what happened?
A. I drove to Columbia and returned in about half an hour and when I got back, I came and picked up the rake and started raking company street, at the time I was caught on the company street with my rake in my hand. This was reported to Lieutenant Loganby, and he sent a sergeant down and ordered me to roll a wheelbarrow up and down company street full of dirt, and I rolled the wheelbarrow up to the orderly room and got permission to see the company commander. I went and talked to him and told him I was willing to work in another branch of the service if I could get transferred across seas, if I could get that.

Q. Did Lieutenant Loganby tell you to go out on the field?
A. Not that day, sir, I don't think. No, sir,not that day. He gave me orders to roll the wheelbarrow up and down the company street.

Q. What did you tell Lieutenant Loganby about wanting to go overseas and fight?
A. I told him I had been in the company long enough to get a chance to fight.

Q. Do you want to go across seas now and fight?
A. Yes, sir.

 

Page 14

 

--209--

CROSS EXAMINATION

Q. How you haven't told the court what you told the Lieutenant when you went into the orderly room. Did you tell him you weren't going to work anymore as long as you were in the Army?
A. Not like that.

Q. Well what did you tell him?
A. I was intending to work. I would if I was in a different branch of the service I would like to work.

Q. What branch of the service were you talking about?
A. Noncombatant.

Q. I though you told the court a few minutes ago you didn't want to work but you wanted to fight.
A. I do, sir.

Q. You don't want to go to noncombatant troops, then?
A. No, sir, not if I can go across seas.

Examination by the court:

Q. What were you doing in Charleston, South Carolina on 26 November 1943?

DEFENSE: The defense objects to that question. The accused has limited his testimony to the first charge and specification and did not give any testimony with reference to Charleston on the 26th of November and it does not have a bearing upon the testimony of the witness on direct examination.

LAW MEMBER: A member of the court may ask the accused only those questions that would have been admissible on cross-examination by the prosecution. This question relates to an offense not testified by accused. Objection sustained.

There being no further questions the witness was excused.

DEFENSE: It is stipulated by and between the prosecution,defense and accused that if Captain William E. Shannahan, Company C, 128th Infantry, were present in court and sworn as a witness, he would testify that he was the company commander of the accused from 23 November 1942 to the 30th of July, 1943,that while the accused was under his command his character ws excellent, that he never had any trouble with accused at all.

PROSECUTION: I agree to this stipulation.

LAW MEMBER: Subject to the objection of amy member of the court, the stipulation will be accepted.

DEFENSE: The defense rests.

The prosecution announced that it had no further testimony to offer.

The defense had no further testimony to offer.

Oral arguments were then made by the defense and prosecution.

 

Page 15

 

--210--

FINDINGS

Neither the prosecution nor the defense having anything further to offer, the court was closed and voted in the manner prescribed in Articles of War 31 and 43. Upon   secret   written ballot,   two-thirds   of the members present at the time the vote was taken concurring in each finding of guilty, the court finds the accused:

Of all Specifications and Charges: Guilty.

 

 

PREVIOUS CONVICTIONS, ETC.

The court was opened and the trial judge advocate stated, in the presence of the accused and his counsel, that he had   some   evidence of previous convictions, which was read to the court and is attached as Exhibit   3  

The trial judge advocate read the data as to age, pay, service, and data as to restraint of accused as shown on the charge sheet as follows:

Age 21 5/12 Pay, $ 50.00       (Base pay plus pay for length of service) per month. Allotments to dependents, Class F $22.00     per month.

Government insurance deduction, $ None     per month.

Data as to service; No prior service. Enlisted Charleston, S.C., on 13 November 1940 for three years. Service extended by Service Extension Act of 1941.

 

Data as to restraint of accused: Confined 28 September 1943,128th Infantry Guardhouse, Fort Jackson, S.C. Reconfined 28 November 1943 after escape, 128th Infantry Guardhouse, Fort Jackson, S.C.

Prosecution to accused: Is that data correct?

Accused: Yes, sir.

 

 

Record of trial GCM.
    See appendix 6, MCM.
Page 16  

 

--211--

SENTENCE

The court was closed, and upon secret written ballot   two-thirds     of the members present at the time the vote was taken concurring sentences the accused to be dishonorably discharged the service, to forfeit all pay and allowances due or to become due, and to be confined at hard labor, at such place as the reviewing authority may direct for ten years.

 

 

The court was opened and the president   announced   the findings and sentence.

The court the, at   1115   o'clock,    M.,   on 10 December  , 1943 adjourned to meet at the call of the president.

 

AUTHENTICATION OF RECORD

/s/ Mark L. Hawking    
MARK L. HAWKING  
Maj, CE                      
President
A member in lieu of the president
because of his absence
.

/s/ Howard J. Hitchings    
HOWARD J. HITCHINGS
Maj, Inf                          
       Trial Judge Advocate.

 

I examined the record before it was authenticated.

/s/ Thomas I. Trueblood      
THOMAS I. TRUEBLOOD  
Maj, Inf                             
Defense Counsel.

 

 

Record of trial GCM.
    See appendix 6 and 9, MCM.
Page 17  

 

--212--

 

 

HEADQUARTERS 29TH INFANTRY DIVISION

Fort Jackson, South Carolina
15 December 1943

In the foregoing case of Private Lennie O.Bark, 20401234, Company A, 128th infantry, the sentence is approved but five years of the confinement imposed are remitted. As thus modified the sentence will be duly executed, but the execution of that portion thereof adjudging dishonorable discharge is suspended until the soldier's release from confinement. The Fourth Service Command Rehabilitation Center, Fort Jackson, South Carolina, is designated as the place of confinement.

/s/ Lew A. Samson
LEW A. SAMSON
Major General, U.S. Army,
Commanding

 

 

--213--

  Bark           Lennie       O                   20401234  
  (Last name)   (First name) (Middle initial)   (Army serial number)

  Pvt                 Co A, 128th Inf                          
  (Grade)           (Company, regiment, and arm or service)

EXTRACT COPY OF MORNING REPORT OF--

Company A,           128th Infantry          
(Company, troop, battery, or detachment)(Regiment or other organization)

28 Sept 43  

Bark, Lennie O. 20401234 Pvt
    Dy to conf 128th Inf gd house awaiting
    trial charged with willful disobedience
    (AW 64)

Bark, Lennie O. 20401234 Pvt
    Conf to AWOL 1700

/s/ Joe R.Loganby  
1st Lt, Inf  
26 Nov 43  

Bark, Lennie O. 20401234 Pvt
    AWOL to conf 128th Inf gd house 1400
    awaiting trial charged with escape fr
    conf and desertion.

/s/ Joe R. Loganby  
1st Lt, Inf  

Co A, 128th Inf.                 Fort Jackson, S.C.       27 Nov 43                    
(Complete designation of command)       (Station)                           (Date)

        I Joe R. Loganby, 1st Lt. Inf       , certify
            (Name, grade, and arm or service)
that I am the commanding officer of Co A, 128th                          
                                                                            (Complete designation of
  Inf       and official custodian of the morning reports
  command)
of said command, and that the foregoing is a true and com-
plete copy (including any signature or initials appearing
thereon) of that part of the morning report of said com-
mand submitted at Fort Jackson, S.C.      
                                (Station)
for the dates indicated in said copy which relates to

                  Lennie O. Bark, 20401234, Pvt. Co A.                  
(Full name, Army serial number, grade and organization of person
              128th Inf                                                              
referred to in extract copy)

  Joe R. Loganby        
(Signature)            
 
1st Lt. Inf                          
(Grade and arm or service)
(See AR 615-300)
W.D., A.G.O. Form No. 44
10 July 1943
          10-30427-1 U.S. GOVERNMENT PRINTING OFFICE

PROSECUTION'S EXHIBIT 1

--214--

 

EXTRACT COPY OF GUARD REPORTS OF
128th Infantry

28 Sept 1944  

No. Name Co Regt Confined
Authority
Date Charge
* * * * * * *
  Confined during tour of 27-28 Sept 44 [sic: s/b "43?"].
12 Bark, Lennie O. A 128th Inf CO Co A 18 Sept 44 AW 64

Escaped, Garrison Prisoner Bark, 12, 1700.

26 Nov 44
[sic: s/b "43"?]

Reconfined, Garrison Prisoner Bark, 3, 1400.

 

Headquarters 128th Infantry, Fort Jackson, S.C., 27 November 1943.

I, Capt Bradley M. McGinty, Inf, certify that I am the adjutant of 128th Inf and official custodian of the guard reports of said command, and that the foregoing is a true and complete copy of that part of the guard report of said command submitted at Fort Jackson, S.C., for the dates indicated in said copy which relates to Lennie O. Bark, 20401234, Pvt, Co A, 128th Inf.

/s/ Bradley M. McGinty
BRADLEY M. McGINTY
Adjutant

 

 

PROSECUTION'S EXHIBIT 2

--215--

 

RECORD OF PREVIOUS CONVICTIONS


EXTRACT COPY OF SERVICE RECORD
OF

Bork             Lennie O           20401234     Pvt     Co A, 128th Inf.                  
(Last name)   (First name and             (ASN)             (Grade)     (Organization)
                        middle initial)

RECORD OF TRIALS BY COURTS-MARTIAL

Sum           CM 96th   AW     3 January             1943   Drunk and disorderly          
                                                                        (Date of offense)         (Synopsis of specifications)
In camp.                                                                                                                        

                                                                                                                                               
Sentence announced and adjudged       6 January                         1943.
Sentence as approved       CHL for 1 month and forf. $33                                        
                                               . Approved   7 January       1943.
I certify the above is correct.

/s/ Daniel E. O'Gara 1st Lt. 128th Inf          
Name, grade and organization                
Personnel Officer



                CM           AW                                               1943                                                

                        (No.)                         (Date of offense)                         (Synopsis of specifications)


 
Sentence announced and adjudged                         1943.
Sentence as approved                                                                        . Approved                         19   
I certify the above is correct.

 

 

                                                                       
Name, grade and organization                        



128th Infantry                         Fort Jackson, S.C.                         27 November 1943      
(Designation of command)             (Station)                                           (Date)

I certify that I am the official custodian of the Service Record of the above-named soldier and that the foregoing is a true copy of entries therein relating to previous convictions.

[/s/ Daniel E. O'Gara]          
(Signature)                  

      DANIEL E. O'GARA      
(Name typed)          

  1st Lt. 128th Inf                
(Grade and Organization)    
Personnel Officer

 

PROSECUTION EXHIBIT 3

--216--

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