Appendix 22.


 
HEADQUARTERS 83D FIELD ARTILLERY BATTALION
Fort Knox, Kentucky

4 September 1944

Special Court-Martial
      Order No. 5
)
)

Before a special court-martial which convened at Fort Knox, Kentucky, pursuant to paragraph 1, Special Orders No. 227, this headquarters, 14 August 1944, was arraigned and tried:

Private JOSEPH K. POPKINS, 31119637, Battery D, 83d Field Artillery Battalion.

CHARGE I: Violation of the 65th Article of War.
Specification: In that Private Joseph K. Popkins, Battery D, 83d Field Artillery Battalion, did, at Louisville, Kentucky, on or about 26 August 1944, wrongfully attempt to strike Corporal James Gutowski, a noncommissioned officer on the face with his fist, while said Corporal James Gutowski was in the execution of his office.

CHARGE II: Nolle prosequi by direction of convening authority.

CHARGE III: Violation of the 85th Article of War.
Specification: In that Private Joseph K. Popkins, Battery D, 83d Field Artillery Battalion, was, at Fort Knox, Kentucky, on or about 27 August 1944, drunk on duty at drill.

PLEAS

To all Specifications and Charges: Not Guilty.

FINDINGS

Of the Specification, Charge I: Guilty, except the words "while said Corporal James Gutowski was in the execution of his office," of the excepted words not guilty.

Of Charge I: Not Guilty but guilty of a violation of the 96th Article of War.

Of the Specification, Charge III, and Charge III: Not Guilty on motion by the defense.

SENTENCE

To be confined at hard labor, at such place as the reviewing authority may direct for three months and to forfeit $33.00 per month for a like period.

The sentence was adjudged on 1 September 1944.

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The sentence is approved and will be duly executed. The Post Guardhouse, Fort Knox, Kentucky, is designated as the place of confinement.

By order of Lieutenant Colonel BARBELL:

I.E. WEED,
Capt, FA,
Adjutant.

OFFICIAL:

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