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George Ross Tucker

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George Ross Tucker

Birth
Nixon, Hardin County, Tennessee, USA
Death
31 Dec 1938 (aged 26)
Burial
Buried or Lost at Sea Add to Map
Memorial ID
View Source
Report of Death

George Ross Tucker # 6381524, Private CAC (Coast Artillery Corps) 31 December 1938 at St. Mihiel, at sea, enroute to Panama Canal Zone from New York, New York, NY.

Death, cause unknown; occurred about 1:00 AM 31 December 1938, at sea, no autopsy; body not recovered.

Position 30-28 N, 78-29 W, particulars and circumstances unknown, per approved findings of Board of Officers, convened 02 January 1939, aboard USAT St. Mihiel at sea.

Disposition: “This office cannot concur in the views expressed by either the board or the Surgeon General as to the manner in which Mr. Tucker disappeared from the ship. There is no satisfactory evidence of either suicide or mental derangement. It is entirely possible that he may have accidentally fallen or have been pushed, or thrown overboard. The presumption of the law is against suicide, and in the Federal courts, and the courts of many, and probably all of the States, this presumption is applied. (Cf. Travelers’ Ins. Co. v. Allen, 237 Fed. Rep. 78.) It is based on the natural love of life and the human instinct of preservation. Even in cases where death is self-inflicted the presumption against suicide stands until overthrown by convincing evidence. Evidence which establishes the mere possibility of suicide raises a suspicion that death is due to suicide is not sufficient to overcome the presumption. Under the circumstances, the doubt must necessarily be resolved in favor of the deceased.”

“It is, therefore, the opinion of this office that Private George R. Tucker, 6,381,524, who disappeared on or about 31 December 1938, from the US Army Transport, St. Mihiel, enroute from Charleston, South Carolina, to Panama, may legally be presumed to be dead and that his death should be regarded as having incurred in the line of duty and not as the result of his own willful misconduct.”

Ernest H. Burt, Major, J. A. G. D., (Judge Advocate General), Chief of Section.

Approved by order of the Secretary of War 31 March 1939

St. Mihiel was a troopship built for the United States Shipping Board by the American International Shipbuilding Corporation at Hog Island, Pennsylvania. The newly built ship was transferred to the War Department on 29 October 1920 for operation with the Army Transport Service (ATS) homeported at the Brooklyn Army Base in New York; assigned the New York—San Juan, Puerto Rico—Panama until 1926. In July 1941 the ship was transferred to the Navy which commissioned her USS St. Mihiel with the hull number AP-32. In November 1943, she was transferred back to the Army and converted into the hospital ship, USAHS St. Mihiel.
Report of Death

George Ross Tucker # 6381524, Private CAC (Coast Artillery Corps) 31 December 1938 at St. Mihiel, at sea, enroute to Panama Canal Zone from New York, New York, NY.

Death, cause unknown; occurred about 1:00 AM 31 December 1938, at sea, no autopsy; body not recovered.

Position 30-28 N, 78-29 W, particulars and circumstances unknown, per approved findings of Board of Officers, convened 02 January 1939, aboard USAT St. Mihiel at sea.

Disposition: “This office cannot concur in the views expressed by either the board or the Surgeon General as to the manner in which Mr. Tucker disappeared from the ship. There is no satisfactory evidence of either suicide or mental derangement. It is entirely possible that he may have accidentally fallen or have been pushed, or thrown overboard. The presumption of the law is against suicide, and in the Federal courts, and the courts of many, and probably all of the States, this presumption is applied. (Cf. Travelers’ Ins. Co. v. Allen, 237 Fed. Rep. 78.) It is based on the natural love of life and the human instinct of preservation. Even in cases where death is self-inflicted the presumption against suicide stands until overthrown by convincing evidence. Evidence which establishes the mere possibility of suicide raises a suspicion that death is due to suicide is not sufficient to overcome the presumption. Under the circumstances, the doubt must necessarily be resolved in favor of the deceased.”

“It is, therefore, the opinion of this office that Private George R. Tucker, 6,381,524, who disappeared on or about 31 December 1938, from the US Army Transport, St. Mihiel, enroute from Charleston, South Carolina, to Panama, may legally be presumed to be dead and that his death should be regarded as having incurred in the line of duty and not as the result of his own willful misconduct.”

Ernest H. Burt, Major, J. A. G. D., (Judge Advocate General), Chief of Section.

Approved by order of the Secretary of War 31 March 1939

St. Mihiel was a troopship built for the United States Shipping Board by the American International Shipbuilding Corporation at Hog Island, Pennsylvania. The newly built ship was transferred to the War Department on 29 October 1920 for operation with the Army Transport Service (ATS) homeported at the Brooklyn Army Base in New York; assigned the New York—San Juan, Puerto Rico—Panama until 1926. In July 1941 the ship was transferred to the Navy which commissioned her USS St. Mihiel with the hull number AP-32. In November 1943, she was transferred back to the Army and converted into the hospital ship, USAHS St. Mihiel.


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