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After a lengthy absence from the general public, the following are now, again, available to the public. (ACCA decisions are still not available.
Army Lawyer.
See, Lore of Corps, Special Edition, here. There is an interesting short piece on “Command Influence ‘Back in the Day.’
Consequently, The Adjutant General wrote that “no case should be referred to a general court-martial unless the offense charged warrants a dishonorable discharge.” Additionally, convening authorities were advised that if a Soldier was punished with a dishonorable discharge, then there must be a sufficient “period of confinement” adjudged with that discharge that would ensure that the accused “will remain in confinement until the end of the war.” Otherwise, “the sentence amounts to immunity against risk of battle and is to that extent [a] reward instead of punishment.” Major General Ulio realized—as did every commander in the European and Pacific Theater—that some Soldiers might be tempted to commit crimes in order to get out of combat. As a result, Ulio added the following guidance: “Although it is impossible to predict with certainty the end of hostilities . . . sentences of not less than five years confinement . . . are considered appropriate.”
As far as The Adjutant General was concerned—and he was speaking for the Secretary of War—Soldiers should not be tried by general courts-martial unless the convening authority understood that a dishonorable discharge and five years imprisonment was the expected punishment.
Military Law Review.
TJAGSA publications.
Go to Army publications