24 7943 [No. 234] HEARING ON S. 1959, TO AUTHORIZE THE PAYMENT OF ADDITIONAL UNIFORM GRATUITY TO RESERVE OFFICERS COMMISSIONED FROM THE STATUS OF AVIATION CADETS HOUSE OF REPRESENTATIVES, COMMITTEE ON NAVAL AFFAIRS, Washington, D. C., Tuesday, May 21, 1946. The committee met at 11:11 a. m., Hon. Carl Vinson (chairman) presiding. The CHAIRMAN. The committee now has for its consideration S. 1959, an act to authorize the payment of additional uniform gratuity to Reserve officers commissioned from the status of aviation cadets. (The bill referred to and the report by the Navy Department follow :) [S. 1959, 79th Cong., 2d sess.] AN ACT To authorize the payment of additional uniform gratuity to reserve officers commissioned from the status of aviation cadets Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Naval Aviation Cadet Act of 1942, as amended (57 Stat. 573; 34 U. S. C. 850j), is hereby amended by striking out the period at the end of said section and adding the following: ": Provided further, That officers commissioned pursuant to this Act or to the Naval Aviation Reserve Act of 1939 (53 Stat. 819) shall be entitled to the additional uniform gratuity in the amount of $50 in like manner and under the same circumstances as is provided in section 302 of the Naval Reserve Act of 1938 (52 Stat. 1180; 34 U. S. C. 855a).” Passed the Senate April 12 (legislative day, March 5), 1946. Secretary. TO AUTHORIZE THE PAYMENT OF ADDITIONAL UNIFORM GRATUITY TO RESERVE OFFICERS COMMISSIONED FROM THE STATUS OF AVIATION CADETS (H. R. 5818). MR. VINSON Hon. SAM RAYBURN, Speaker of the House of Representatives. NAVY DEPARTMENT, Washington, March 14, 1946. MY DEAR MR. SPEAKER: There is transmitted herewith the draft of a bill to authorize the payment of additional uniform gratuity to reserve officers commissioned from the status of aviation cadets. The purpose of this bill is to provide an additional uniform gratuity in the amount of $50 to officers commissioned pursuant to the Naval Aviation Reserve Act of 1939 (53 Stat. 819), or the Naval Aviation Cadet Act of 1942, as amended (57 Stat. 573, 34 U. S. C. 850j). This would be accomplished by amending section 11 of the Naval Cadet Act of 1942, as amended. Officers of the Naval Reserve or Marine Corps Reserve other than naval aviation cadets commissioned pursuant to the provisions of the Naval Reserve Act of 1938 are entitled under section 302 of the Naval Reserve Act of 1938 to (3377) 81266-46-No. 234 an additional uniform gratuity of $50, 4 years from the date they become entitled to the payment of the original gratuity. The Assistant Comptroller General of the United States decided on August 4, 1944 (B-43186), that an officer of the Marine Corps Reserve, former aviation cadet, commissioned pursuant to the Naval Aviation Cadet Act of 1942, was not entitled to the additional uniform gratuity of $50 authorized by section 302 of the Naval Reserve Act of 1938 (53 Stat. 1180). In view of the ruling of the Comptroller General referred to herein, former aviation cadets commissioned in the Naval Reserve or Marine Corps pursuant to the provisions of the Naval Reserve Aviation Reserve Act of 1939, or the Naval Aviation Cadet Act of 1942 may not be paid any uniform gratuity other than the original gratuity. Many of these officers have now completed a period of 4 years service and, unlike officers of the Naval Reserve or Marine Corps Reserve may not be paid the additional uniform gratuity of $50 upon completion of 4 years service. This applies not only to those officers who retain their classification as class III (c) (NAVC), but also to those officers who have been reclassified to class III (c) (AV). If these aviation officers continue as members of the Naval Reserve or Marine Corps Reserve indefinitely, a discrimination against them will be effected since no provision is made for paying any additional uniform gratuity for the upkeep of such uniforms as they may be required to possess for the performance of active duty. There is no reason for these paval aviation officers to be refused the uniform gratuity which is now granted to all other officers of similar classification. The Navy Department recommends enactment of this legislation. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. Sincerely yours, The CHAIRMAN. Who is going to speak to this bill? JAMES FORRESTAL. STATEMENT OF JOSEPH H. NEVINS, UNITED STATES NAVY, WASHINGTON, D. C. The CHAIRMAN. Tell us something about this, Captain Nevins. Captain NEVINS. In connection with S. 1959, "to authorize the payment of additional uniform gratuity to reserve officers commissioned from the status of aviation cadet," I might say that the purpose of the bill under consideration is to permit Naval Reserve and Marine Corps Reserve officers, formerly aviation cadets, to receive the uniform gratuity of $50 every 4 years, in the same manner and under like conditions as presently authorized for other Reserve officers under the provisions of section 302 of the Naval Reserve Act of 1938. Section 11 of the Naval Aviation Cadet Act of 1942 (56 Stat. 737), as amended by the act of October 21, 1943 (57 Stat. 573), provides as follows: When first commissioned pursuant to this Act, Officers shall be paid a uniform allowance of $150 if commissioned as ensigns in the Naval Reserve, and of $250 if commissioned as second lieutenants in the Marine Corps Reserve: Provided, That any officer who has heretofore received the cash uniform gratuity of $150 provided in section 302 of the Naval Reserve Act of 1938 (52 Stat. 1180), shall not be entitled to this uniform allowance. The Assistant Comptroller General of the United States, in his decision dated August 3, 1944, B-43186, in considering the question as to whether an officer of the Marine Corps Reserve, former aviation cadet, commissioned pursuant to the Naval Aviation Cadet Act of 1942, was entitled to the additional uniform gratuity of $50 authorized by section 302 of the Naval Reserve Act of 1938 (53 Stat. 1180), 4 years from the date he became entitled to the payment of the uniform gratu ity authorized by section 11 of the Naval Aviation Cadet Act of 1942, held that: This, both before and after enactment of the Naval Reserve Act of June 25, 1938, there has been legislation making specific provision for uniform allowances to aviation cadets and to aviation officers commissioned from an aviation cadet status. It thus appears that the provisions pertaining to uniform allowances for aviation cadets and to officers commissioned from that status have been covered by legislation pertaining specifically to them and that such personnel are not reasonably included in the scope of section 302 of the act of June 25, 1938, providing uniform allowances to officers of the Naval Reserve and the Manine Corps Reserve generally. Refer to decision of this office to the Secretary of the Navy, dated August 14, 1942, B-25418. In view of the ruling of the Comptroller General referred to herein, former aviation cadets commissioned in the Naval Reserve or Marine Corps Reserve pursuant to the provisions of the Naval Aviation Reserve Act of 1939 or the Naval Aviation Cadet Act of 1942 may not be paid any uniform gratuity other than that provided in section 11 of the latter act. Many of these officers have now completed a period of 4 years' service and, unlike officers of the Naval Reserve or Marine Corps Reserve commissioned from other sources pursuant to the provisions of the Naval Reserve Act of 1938, may not be paid the additional uniform gratuity of $50 upon completion of 4 years' service. If these officers continue as members of the Naval Reserve or Marine Corps Reserve indefinitely, no provision is made for paying any additional uniform gratuity for the upkeep of such uniforms as they may be required to have in their possession for the performance of active duty or active training duty. The numbers of personnel affected by enactment of S. 1959 are substantial. That is true also of the Marine Corps. The Navy Department recommends enactment of S. 1959, and has been advised by the Bureau of the Budget that there is no objection to the submission of this recommendation. The CHAIRMAN. What is the fundamental basis for this? Captain NEVINS. Mr. Chairman, under the ruling of the Comptroller General, officers commissioned in the Naval Reserve by the avenue of the Naval Aviation Cadet entry do not get the $50 uniform allowance every 4 years which is granted the Reserve officers commissioned under the Naval Reserve Act of 1938. The Comptroller General held that since the language of the Naval Aviation Cadet Acts originally enacted and subsequently amended specifically contained no language to provide this $50 every 4 years that the language of the 1938 act does not apply to officers commissioned from the aviation cadet status. The CHAIRMAN. Let us get that straight. As I understand what you have said, officers in the Naval Reserve Corps get an allowance every 4 years of $50 for their uniform; is that correct? Captain NEVINS. That is correct. The CHAIRMAN. And the Comptroller General says that the law does not apply to one who has come into the Navy as an aviation cadet? Captain NEVINS. That is correct. The CHAIRMAN. And therefore he does not get the $50 every 4 years for his uniform? Captain NEVINS. That is correct. Mr. Chairman. his bill besides that? Captain NEVINS. That is all that is in it. Mr. IzAC. Captain Nevins, would this permit an officer who has transferred to the Regular Navy to get the $50 allowance? Captain NEVINS. If he had served 4 years since the original commissioning, and is still a Reserve officer; that is, in a Reserve officer status at the time of his transfer, yes. Mr. Izac. Unless he has become a Regular? Captain NEVINS. That is true. Mr. Izac. Once he has become a Regular that does not apply? The CHAIRMAN. How much will this cost? Captain NEVINS. There is no additional cost, because we have had a request for the additional money previously, and the money has already been appropriated and is available, but we cannot pay it out under the ruling of the Comptroller General. The CHAIRMAN. Without objection, the bill will be reported out unanimously. I will ask Mr. Madden to report the bill out. We will now take up the next bill. (Whereupon, at 11:22 a. m., the committee proceeded to other busi ness.) HEARING ON S. 1106, FOR THE RELIEF OF MALCOLM K. BURKE HOUSE OF REPRESENTATIVES, COMMITTEE ON NAVAL AFFAIRS, Washington, D. C., Tuesday, May 21, 1946. The committee met at 11:33 a. m., Hon. Carl Vinson (chairman) presiding. The CHAIRMAN. We will now take up for consideration S. 1106, an act for the relief of Malcolm K. Burke. [S. 1106, 79th Cong., 1st sess.] AN ACT For the relief of Malcolm K. Burke Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of section 1441, Revised Statutes, should Malcolm K. Burke enlist in or be inducted into the United States Navy or United States Naval Reserve, and thereafter, in the judgment of the President, establish his fitness to perform the duties of a naval officer, the President is hereby authorized in his discretion to appoint the said Malcolm K. Burke to the grade of ensign in the United States Naval Reserve and to issue to him a temporary appointment in the grade of lieutenant (junior grade), with the dates of rank, in both his permanent and temporary status, held by him on August 30, 1944: Provided, That nothing herein shall be construed to entitle the said Malcolm K. Burke to any back pay, allowances, or other emoluments by reason of the passage of this Act. Passed the Senate December 20 (legislative day, December 19). 1945. Secretary. The CHAIRMAN. I will ask Captain Nunn to explain this to the committee. Captain NUNN. Mr. Chairman, this officer was a lieutenant, junior grade, in the Navy. He received a general court martial by order of the Commandant of the Twelfth Naval District, and Naval Operating Base, San Francisco, Calif.; and was convicted of the following charges: Conduct unbecoming an officer and gentleman, the specification alleging that he assaulted and struck one Betty Payne, a civilian, in the Mark Hopkins Hotel, San Francisco, Calif.; conduct to the prejudice of good order and discipline, the specification alleging that he wore the uniform of an enlisted man of the Navy with the insignia of the rating of a signalman first class; and drunkenness, the specification alleging that he was under the influence of intoxicating liquor in the Mark Hopkins Hotel, San Francisco, Calif. The evidence for the prosecution shows that the accused at about 10:45 p. m. on July 1, 1944, entered the Top of the Mark, a cocktail room in the Mark Hopkins Hotel, San Francisco, Calif., in the uniform of an enlisted man that he seated himself without invitation at a table where three girls were seated; and that he asked two of them to go on a party with him. The girls called the head waiter who asked the ac(3381) 81266-46-No. 235 |