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MEMORANDUM OPINIONS

OF

112,
THE JUDGE
ADVOCATE GENERAL

OF THE ARMY

WHEN ACTING UPON

APPLICATIONS FOR RELIEF

UNDER ARTICLE OF WAR 53

1949-1950

(Cite as MO-JAGA)

DEPARTMENT OF THE ARMY
OFFICE OF THE JUDGE ADVOCATE GENERAL

WASHINGTON 25, D. C..

31 December 1950

This volume, Memorandum Opinions of The Judge Advocate General of the Army when Acting upon Applications for Relief under Article of War 53, is published for the information of all concerned. It may be cited as MO-JAGA.

The provisions of Article of War 53 (10 U.S.C. (Supp. II] 1525) are as follows:

"Under such regulations as the President may prescribe, the Judge Advocate General is authorized upon application of an accused person, and upon good cause shown, in his discretion to grant a new trial, or to vacate a sentence, restore rights, privileges, and property affected by such sentence, and substitute for dismissal, dishonorable discharge, or bad conduct discharge previously executed a form of discharge authorized for administrative issuance, in any court-martial case in which application is made within one year after final disposition of the case upon initial appellate review: Provided, That with regard to cases involving offenses committed during World War II, the application for a new trial may be made within one year after termination of the war, or after its final disposition upon initial appellate review as herein provided, whichever is the later: Provided, That only one such application for a new trial may be entertained with regard to any one case: And provided further, That all action by the Judge Advocate General pursuant to this article, and all proceedings, findings, and sentences on new trials under this article, as approved, reviewed, or confirmed under articles 47, 48, 49, and 50, and all dismissals and discharges carried into execution pursuant to sentences adjudged on new trials and approved, reviewed, or confirmed, shall be final and conclusive and orders publishing the action of the Judge Advocate General or the proceedings on new trial and all action taken pursuant to such proceedings, shall be binding upon all departments, courts, agencies, and officers of the United States."

The Action taken upon each application for relief under Article of War 53 has been accompanied by a memorandum opinion stating the legal reasoning and factual basis upon which the action is founded. This volume contains a selected group of these opinions for the period 1 February 1949 to 31 December 1950.

In this selection an effort has been made to include the greatest possible variety of the questions of law discussed in the determination of these applications, avoiding unnecessary repetition. The opinions herein have been abridged, in some cases, to eliminate repetition and extraneous matter, such as the course of litigation in the civil courts, and the detailed quotation of specifications under which the applicants were found guilty. The abridgments are shown by asterisks indicating the deletions.

E. M. BRANNON
Major General, United States Army
The Judge Advocate General

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