Phill Jones Posted 21 November , 2020 Share Posted 21 November , 2020 Please may I ask the experts on this forum to advise me , I am researching a soldier local to me who saw active service in France with the 6 KSLI, not long after his arrival he was punished in the field for losing his kit. He was severely wounded on the 16/8/17 (GSW Head and left leg ) he was sent home for treatment after a long spell in Hospital , he was posted to the 3rd KSLI who were in Ireland at the time , my man is reported to have deserted on the 1st March 1918. He then tried to re-enlist under another name into the same regiment. Then on the 14/11/18 he was tried by GCM on three counts 1/ WOAS Deserting his Majesty's service. 2/ Losing by neglect his clothing and regimental necessities (as listed above). 3/ Fraudulent enlistment . Given 6 months imprisonment with Hard Labour, then on the 9/12/18 the Judge advocates general stated that Nos 1 and 3 charges cannot stand and these charges and all record of to be removed from my mans service papers and released, he was then sent back to France with the Labour Corps Now my Question is this, his attestation papers show that his British War and Victory Medal were forfeited, although his MIC does not show this (perhaps clerical error?) if 2 of 3 (no's 1 and 3) charges were dropped would his medals still be forfeited? TIA Phill Jones Link to comment Share on other sites More sharing options...
RaySearching Posted 21 November , 2020 Share Posted 21 November , 2020 Have you looked at the medal rolls? Whilst the medals may not be shown as forfeited on his MIC the medals rolls may show that the medals were forfeited Ray Link to comment Share on other sites More sharing options...
Phill Jones Posted 21 November , 2020 Author Share Posted 21 November , 2020 Thanks for your reply Ray , yes checked the Medal Rolls , nothing is showing as Forfeited . Link to comment Share on other sites More sharing options...
Ron Clifton Posted 21 November , 2020 Share Posted 21 November , 2020 Hello Phill Since the charge of desertion was not sustained, it is quite possible that his medals would not have been forfeited. Incidentally, since he re-enlisted in the Army he could not be convicted of "deserting His Majesty's Service" which would imply a permanent intent to cease being a soldier. That ties in with the JAG's advice. Ron Link to comment Share on other sites More sharing options...
Phill Jones Posted 22 November , 2020 Author Share Posted 22 November , 2020 Hi Ron , Thank you for your reply most helpful atb Phill Link to comment Share on other sites More sharing options...
butler Posted 22 November , 2020 Share Posted 22 November , 2020 With regard to the offence of loss of kit/clothing, he should not be punished twice for the same offence, so I would believe that the court martial offence of losing kit/clothing is a separate incident to that punished in France and probably occurred when he deserted. I disagree with the idea that he could not be convicted of desertion if he had fraudulently enlisted. Desertion can also be committed by absenting yourself to avoid an onerous duty even though there is no intent to be permanently absent, eg deliberately reporting for duty late to avoid being on a draft or to miss a ship sailing, or absenting yourself from the from line to avoid being in an attack, but returning later to duty. By fraudulently reenlisting in the same regiment would greatly increase the likelihood of being found out. I notice he had had a head wound and a long spell in hospital. Is it possible his actions were attributed by the Advocate General to confusion caused by the head wound and that was why the conviction was not upheld? Link to comment Share on other sites More sharing options...
Troyon1914 Posted 22 February , 2023 Share Posted 22 February , 2023 Hello,i am currently researching a soldier William Jones who initially served 2nd battalion Grenadier Guards and went overseas quite early in the war only to be killed on December the 1st 1917 with the 1st battalion, he lost quite a bit of service due to fraudulent enlistment, would anyone know what the other remarks mean on his M I C and i wonder what crime was committed to lose such a chunk of his service,also would he now not be entitled to a 14 Star?? Thankyou for any help. Link to comment Share on other sites More sharing options...
Troyon1914 Posted 22 February , 2023 Share Posted 22 February , 2023 I should state that william jones was 4th battalion not 1st when killed,a senior moment i'm afraid. Link to comment Share on other sites More sharing options...
Chris_Baker Posted 22 February , 2023 Share Posted 22 February , 2023 His 1914 Star was restored and issued. Details on page 170 of roll GG/21. Link to comment Share on other sites More sharing options...
Troyon1914 Posted 22 February , 2023 Share Posted 22 February , 2023 Chris thanks ever so for clearing that up, i will of course look it up, whilst on the desertion theme my Grandfather Joe Drury East Lancs 14441 and South Lancs 49797 had his medals forfeited and restored later. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now