World War II Courts Martial Documents & JAG Documents

Description

JAG in WWII: Key Events and Figures

This timeline focuses on the establishment and activities of the Judge Advocate General (JAG) within the U.S. Army during World War II, as detailed in the provided source.

• June 4, 1920: The Articles of War of June 4, 1920, were enacted, governing military justice between 1920 and 1948. (Mentioned as a historical context for the WWII courts-martial).
• July 1, 1940 – December 31, 1945: The period covered by “Legal Work of the War Department – A History of the Judge Advocate General’s Department.” This signifies the active involvement of the JAG department throughout the war.
• 1942: The establishment of the Branch Office of The Judge Advocate General within the European Theater of Operations (ETO), U.S. Army. This marked the beginning of formal review of serious court-martial convictions in the ETO by a Board of Review.
• 1942 – June 1, 1945: The period during which the Branch Office of The Judge Advocate General in the ETO rendered holdings, reviews, and opinions on court-martial cases. These are compiled in the “Digest of Opinions” (3 Volumes).
• March 8, 1943: The Branch Office of The Judge Advocate General (TJAG) with the United States Army Forces in the North African Theater of Operations (NATO) was established.
• September 1, 1943: Publication date of “Law of Land Warfare, J.A.G.S. Text No. 7.”
• October 1, 1943: Publication date of “Military Affairs, J.A.G.S. Text No. 3.”
• December 1, 1943: Publication date of “War Powers and Military Jurisdiction, J.A.G.S. Text No. 4.”
• February 1, 1944: Publication date of “Selected Opinions – Military Affairs, J.A.G.S. Text No. 9.”
• May 15, 1944: Reproduction with Addenda of “Military Affairs, J.A.G.S. Text No. 3.”
• June 1, 1944: Publication date of “Law of Belligerent Occupation, J.A.G.S. Text No. 11.”
• June 1944: The first issue of “The Judge Advocate Journal” was published by the Judge Advocates Association.
• June 12, 1944: Publication date of “Field Manual – WD PAM 27-4 – Procedure for Military Executions.”
• November 1, 1944: The Branch Office of TJAG with the United States Army Forces in the North African Theater of Operations was re-designated as the Branch Office of TJAG with the United States Army Forces in the Mediterranean Theater of Operations (MTO).
• 1945: The General Board ETO compiled a “History of Judge Advocate Section in Theater of Operations.”
• July 1, 1945: Reissue date of “Law of Land Warfare, J.A.G.S. Text No. 7.”
• July 2, 1945: Reissue date of “Law of Belligerent Occupation, J.A.G.S. Text No. 11.”
• April 15, 1946: The holdings, opinions, and reviews of the Branch Office of TJAG in the Mediterranean and North African Theaters of Operations were re-graded from classified to unclassified.
• 1946: The House of Representatives issued a “Report on Investigation of Military Justice.”
• 1975: Publication year for “The Army Lawyer A History of the Judge Advocate General’s Corps, 1775-1975,” providing a broader historical context.
• Summer 2007: Publication of the “Prologue” article, “The 82nd Airborne’s ‘Jumping JAG,’ The Incredible Wartime Career of Nicholas E. Allen.”

Cast of Characters (Principle People Mentioned)

• Thomas H. Green: Major General, The Judge Advocate General. He provided a foreword in Volume 1 of the “Holdings and Opinions Board of Review Branch Office of the Judge Advocate General Mediterranean and North African Theaters of Operations.” His role highlights his leadership within the JAG during the war.
• Nicholas E. Allen: Subject of the “Prologue” article, referred to as the “Jumping JAG” of the 82nd Airborne. His wartime career is described as “incredible,” suggesting he played a significant and perhaps unconventional role as a Judge Advocate within a prominent combat division.

World War II: Courts Martial Cases: Review Board Documents & WWII Courts Martial Related Documents

24,257 pages of reviews of court martial cases from the European Theater of Operations, Mediterranean Theater of Operations, North African Theater of Operations, Pacific Ocean Areas, South West Pacific Area, China-Burma-India and the holdings and opinions of the Board of Review, Branch Office of The Judge Advocate General. plus additional material related to World War II courts martial.

During World War II, in which over 16 million persons served in the American armed forces, the military held over 1.7 million courts-martial. Starting in 1942, convictions of the most serious violations of military law were reviewed by a Board of Review. This collection contains 44 volumes of documents related to these reviews of courts martial trials that took place during World War II in the European Theater of Operations, Mediterranean Theater of Operations, and the North African Theater of Operations. Also included are documents and publications related to World War II courts martial proceedings.

This collection contains:

Digest of Opinions of the Branch Office of the Judge Advocate General within the European Theater of Operations U. S. Army – 3 Volumes

These three volumes contain a compilation that constitutes an index-digest of the holdings, reviews and opinions of the Boards of Review in the Branch Office of The Judge Advocate General with the European Theater of Operations, rendered from the establishment of the Branch Office in 1942 to 1 June 1945. This volume list a long variety of articles of war and gives brief summaries of how elements of the law applied to specific court martial cases. These case digests give instruction on how articles of war were applied to actual events. The cases digested in these volumes have full case reports in the Holdings and Opinions volumes.

Among the articles of war covered:

AW 2. PERSONS SUBJECTED TO MILITARY LAW
AW 43. DEATH SENTENCES; WHEN LAWFUL
AW 45. MAXIMUM LIMITS OF PUNISHMENT
AW 61. ABSENCE WITHOUT LEAVE
AW 63. DISRESPECT TOWARD SUPERIOR OFFICER
AW 64. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR OFFICER
AW 66. MUTINY OR SEDITION
AW 80. DEALING IN CAPTURED OR ABANDONED PROPERTY
AW 85. DRUNK ON DUTY
AW 92. MURDER; RAPE
AW 95. CONDUCT UNBECOMING AN OFFICER AND GENTLEMAN

Holdings and Opinions Board of Review Branch Office of the Judge Advocate General European Theater of Operations – 34 Volumes – Approximately 1,933 Cases. These volumes contain documentation for each case reviewed. They generally include a summary of the evidence and testimony presented at trial, and the holding and opinions on the case issued by the Board of Review.

Holdings and Opinions Board of Review Branch Office of the Judge Advocate General Mediterranean and North African Theaters of Operations – 7 Volumes – Approximately 542 Cases. The Branch Office of The Judge Advocate General (TJAG) with the United States Army Forces in the North African Theater of Operations was established on March 8, 1943. On November 1, 1944, this office was re-designated the Branch Office of TJAG with the United States Army Forces in the Mediterranean Theater of Operations. Initially, there was one Board of Review but, as the volume of work increased, so did additional Boards of Review. The volumes presented below contain all the holdings, opinions and reviews of this office, available at the time of publication. Major General Thomas H. Green, The Judge Advocate General, provided the brief but informative foreword that appears in Volume 1. Originally classified, the holdings, opinions and reviews were re-graded to unclassified on April 15, 1946.

Additional Material Related to World War II Court Martial Cases

Field Manual – WD PAM 27-4 – Procedure for Military Executions – June 12, 1944 – Covers execution by musketry, execution by hanging, proceedings after execution, structures, and equipment.

A Manual for Courts-Martial U.S. Army, 1928 – Corrected to April 20, 1943

The Articles of War of June 4, 1920 – Congressional reports on an Act of Congress which governed military justice between 1920 and 1948.

Revision of the Articles of War Volume 1 & 2 – Congressional reports on changes made to the Articles of War after World War I.

General Board ETO History of Judge Advocate Section in Theater of Operations (1945)

House of Representatives Report on Investigation of Military Justice (1946)

Judge Advocate General Text Books – The 5 textbooks include: Law of Belligerent Occupation, J.A.G.S. Text No. 11 (1 June 1944, Reissued 2 July 1945); Law of Land Warfare, J.A.G.S. Text No. 7 (1 September 1943, Reissued 1 July 1945; Military Affairs, J.A.G.S. Text No. 3 (1 October 1943, Repro. with Addenda, 15 May 1944); Selected Opinions – Military Affairs, J.A.G.S. Text No. 9 (1 February 1944); and War Powers and Military Jurisdiction, J.A.G.S. Text No. 4 (1 December 1943).

The Judge Advocate Journal – The first six issues of the quarterly of The Judge Advocate Journal published by the Judge Advocates Association, starting with the June 1944 issue.

Legal Work of the War Department – A History of the Judge Advocate General’s Department – 1 July 1940 – 31 December 1945

The Army Lawyer A History of the Judge Advocate General’s Corps, 1775-1975

Prologue Article – The 82nd Airborne’s ‘Jumping JAG’ – An article appearing in Prologue: Quarterly of the National Archives and Records Administration, Summer 2007, Vol. 39, No. 2, pp. 18-25, titled, “The 82nd Airborne’s ‘Jumping JAG,’ The Incredible Wartime Career of Nicholas E. Allen.