# Military Justice ww2



## checbenj (27 Feb 2008)

I have recently recieved my fathers service record and I would like to know the details of some of the information. First a brief overview my father enlisted in Hamilton with the Ontario Regiment (T) C wing. in 1942.Then he recieved training at Camp Borden with the CAC(A-8).  Then off to England with the 2CACRU.  (july 42). Then TOS with 1CACRU. While in England he completed Q Command Boxing Course and Q-2 NCO Gas Course. He was then TOS to NO. 1CBRD and shipped to Africa in June 43 (after being award an AA 40  reprimand.) He was confirmed as a sgt in July '43. TOS 1 bn 1CBRD in Italy. 

Thers is a gap in his service record from AUG 43-Mar.44 
In March 44 it states SOS to x-3 list CAC (D) TOS from x-3 
Mar 13 '44 adm 15 CGH
Discharged April 21'44 from 15 CGH

Between April 44 and Nov 44 a number of TOS's SOS's to and from the x-3 list and x-4 lists of the cac(d)

adm 25 cgh 
TOS Irish Regiment of Canada landed in France March 45 aa40 sever reprimand 
PL England mid April 45 
Reverts to private at own request 25 April July 9 guilty awl 22 days 
Detained F.P Camp SOS to x-2 list to Ist Cdn Corps F.P Camp Det Barrick
Aug 45
Back in Canada jan 46

Question I have:
 what are the X- lists 
Is it common to have a gap in the service record of 7 months? ( I have a letter my father wrote January 12th 44 stating he had left Africa and was now in Italy the Letter head reads 1st Bn HQ coy 1cbrd Can Arm CMF
What are the Charges aa 15 and aa 40?

I have a picture of my father in England I think with officers with Armoured Corp Badges and another of my father in England wearing the Uniform of the Irish Regiment of Canada.
I hope someone can help me out?
Checbenj.


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## Michael OLeary (27 Feb 2008)

The X Lists were administrative records identifying when someone was not being held on their unit strength for administration or other purposes.

http://www.network54.com/Forum/28173/thread/1068752980/Canadian+Service+Records



> The X List:
> 
> X1 - prisoner of war (P.O.W.)
> X2 - detention
> ...


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## Blackadder1916 (27 Feb 2008)

checbenj said:
			
		

> What are the Charges aa 15 and aa 40?



These are probably the sections of the Army Act under which a person would be charged.  The following is from the Army Act as printed in Extracts from Manual of Military Law 1929 - reprinted for use in the Canadian Army 1941

(Absence from duty without leave)
15. Every person subject to military law who commits any of the following offences; that is to say,

    (1)  Absents himself1 without leave2; or
    (2)  Fails to appear2 at the place of parade3 or rendezvous appointed by his commanding officer, or goes from thence without leave before he is relieved, or without urgent necessity2 quits the ranks; or
    (3)  Being a soldier, when in camp or garrison or elsewhere is found beyond any limits fixed or in any place prohibited by any general garrison or other order4, without a pass or written leave from his commanding officer5; or
    (4)  Being a soldier without leave from his commanding officer5 or without due cause2, absents himself from any school when duly ordered to attend there,

shall, on conviction by court-martial, be liable, if an officer, to be cashiered, or to suffer such less punishment as is in this Act mentioned, and if a soldier, to suffer imprisonment, or such less punishment as is in this Act mentioned.

Notes (there is an additional page + of notes to s.15)


(Conduct to prejudice of military discipline)
40.  Every person subject to military law who commits any of the following offences; that is to say, 

    Is guilty of any act, conduct, disorder, or neglect to the prejudice of good order and military discipline,

shall, on conviction by court-martial, be liable, if an officer, to be cashiered, or to suffer such less punishment as is in this Act mentioned, and if a solder, to suffer imprisonment, or such less punishment as is in this Act mentioned.  Provided that no person shall be charged under this section in respect of any offence for which special provision is made in any other section of this Act, and which is not a civil offence; nevertheless the conviction of a person so charged shall not be invalid by reason only of the charge being in contravention of this proviso, unless it is appears that injustice has been done to the person charged by reason of such contravention; but the responsibility of any officer for that contravention shall not be removed by the validity of the conviction.

Notes (there is an additional page of notes to s.40)


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## checbenj (27 Feb 2008)

Thanks 
This information helps.  Is it normal for no entries on a service record for 7 months?
Where would I find info regarding how my father was injured.?


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## Michael OLeary (27 Feb 2008)

If nothing occurred which needed to be recorded, it's perfectly normal.  

I have one file on a First World War soldier that notes he entered France on 1 Nov 1915, and the next entry recorded his wounding on 4 June 1916 (he died on 6 June).  Those two entries pretty much comprise his war service.


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## Staff Weenie (27 Feb 2008)

He may not have been 'injured' either - it may well be that he contracted something in North Africa (dysentery, leishmaniasis, etc...). It was not uncommon at all for soldiers to be hospitalized for these conditions for extended periods of time.


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## checbenj (27 Feb 2008)

Agian Thanks 

Does anyone know the location Of #15 Canadian General Hospital, in Italy during March 1944?
Also it a appears that my father remained attached to the 1st Bn 1cbrd while in Italy, where could I find information regarding the workings of this depot?


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## FascistLibertarian (29 Feb 2008)

Lil ? here
They have to sign something to get their service record or you have to wait 20 years after death?


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## checbenj (29 Feb 2008)

Thanks Lil

I have his service record.  I am interested in details the service doesn't provide ie specfic locations functions etc.


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## Michael OLeary (29 Feb 2008)

FascistLibertarian said:
			
		

> Lil ? here
> They have to sign something to get their service record or you have to wait 20 years after death?



Yes, the request for an must uncensored service record has to come from the individual.  Otherwise, you have to wait 20 years after the person's death to get an uncensored record.  The record you get without one of those conditions being met wil have a lot of personal data removed, and may not provide you the information you are seeking.  (First World War files do not require that time after death to have elapsed.)


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## Blackadder1916 (29 Feb 2008)

checbenj said:
			
		

> Does anyone know the location Of #15 Canadian General Hospital, in Italy during March 1944?
> Also it a appears that my father remained attached to the 1st Bn 1cbrd while in Italy, where could I find information regarding the workings of this depot?



Short of getting a copy of 15 CGH's War Diary, you may be able to find some info about its location in one of the following books

Official history of the Canadian Medical Services 1939-1945 edited by W.R. Feasby. Ottawa: Cloutier, 1953.   (Best bet in finding this, if not in a public library or finding a copy to buy, is in a university library.  U of Calgary has a copy and 20+ years ago U of Ottawa had one.  Vol. 1, Organization and Campaigns; Vol. 2, Clinical Subjects)

Seventy years of service: a history of the Royal Canadian Army Medical Corps  by G.W.L. Nicholson. Ottawa: Boreali Press, 1977. 

Official history of the Canadian Army in the Second World War, vol. 2: The Canadians in Italy, 1943-45   by G.W.L. Nicholson. Ottawa: Queen's Printer, 1955.   _[Note: volumes one and three are Stacey]_


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## checbenj (29 Feb 2008)

Thanks I will check these out.

I am still interested in the whereabouts and the roll of The 1cbrd.


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