CSJAGY CM 283379 3 June 1949 MEMORANDUM OPINION SUBJECT: Application for New Trial or for Other Relief in the Case of Jose D. Pereira, 32007666 (CM 283379) 1. Accused has applied for a new trial or other relief under Article of War 53. He was tried by general court-martial at Fort Dix, New Jersey, on 7 and 11 July 1945 and was found guilty of desertion, from 16 April 1942 to 22 June 1945, in violation of Article of War 58. He was sentenced to dishonorable discharge, total forfeitures and confinement at hard labor for two years. The reviewing authority approved the sentence and ordered its execution, but suspended the execution of that portion thereof adjudging dishonorable discharge. On 18 September 1945 the unexecuted portion of the sentence to confinement was remitted and the dishonorable discharge was carried into execution. 2. The record of trial shows that accused absented himself without leave from Fort Dix, New Jersey, on 16 April 1942. On 22 June 1945 he was apprehended at Manheim, Pennsylvania, dressed in civilian clothes. 3. It is shown by the record of trial and the petition that accused is a subject of Portugal, that he entered the United States in 1929 without an immigration visa, and that he has never declared his intention to become a citizen of the United States. He is only partially literate in the English language. On 18 February 1941 he was inducted into the Army of the United States upon his own application, presenting evidence of intention to file a declaration of intention to apply for United States citizenship. He served until 10 October 1941 when he was transferred to the Enlisted Reserve as over 28 years of age. He stated in his petition that he did not claim exemption from military service on account of alienage because he thought such a claim would preclude him from becoming a citizen of the United States. During his service as indicated above accused did not receive any pay for the period from his induction to 30 June 1941, apparently because he was an alien. He was, however, paid from 1 July to 10 October 1941. Accused was recalled to active duty about 18 February 1942. He was not thereafter paid. He sought deferment through an attorney and his local draft board recommended deferment but he or his wife was advised that the deferment had been denied. |