[No. 189]

HEARING ON S. 393 FOR THE RELIEF OF WILLIAM KOVATIS

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

SUBCOMMITTEE, PRIVATE BILLS No. 1,

Washington, D. C., Wednesday, February 16, 1944.

The committee met at 10:40 a. m., Hon. Michael J. Bradley (chairman) presiding.

Mr. BRADLEY. The next bill is S. 393, for the relief of William Kovatis.

(The bill referred to is as follows:)

[S. 393, 78th Cong., 1st sess.]

AN ACT For the relief of William Kovatis

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That William Kovatis, formerly of the United States Marine Corps, shall be entitled to medical care at Government expense at a facility of the Veterans' Administration, until a finding by competent authority that no further improvement can be made by continued treatment, for the injury sustained at the Naval Prison, Portsmouth, New Hampshire, on November 3, 1941: Provided, That no compensation, retirement pay, back pay, pension, or benefits other than benefits provided for herein shall be held to have accrued prior to or subsequent to the enactment of this Act: Provided further, That nothing contained in this Act shall operate to change the nature of the discharge given to William Kovatis on May 18, 1942.

Passed the Senate February 15, 1943.
Attest.

EDWIN A. HALSEY, Secretary.

Mr. BRADLEY. Mr. Clerk, will you read the report.
The Clerk (reading):

[No. 61]

FOR THE RELIEF OF WILLIAM KOVATIS (S. 393)

Hon. CARL VINSON,

NAVY DEPARTMENT, Washington, March 13, 1943.

Chairman of the Committee on Naval Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: The bill (S. 393) for the relief of William Kovatis was referred to the Navy Department by your committee with request for comment and recommendation thereon.

The bill provides that William Kovatis, formerly of the United States Marine Corps, shall be entitled to medical care at Government expense at a facility of the Veterans' Administration, until a finding is arrived at by competent authority that no further improvement can be made by continued treatment for the injury sustained at the naval prison, Portsmouth, N. H., on November 3, 1941.

The bill further states that no compensation, retirement pay, back pay, pension, or benefits other than benefits provided for in the bill shall be held to have accrued prior to or subsequent to the enactment of the bill, and that nothing contained in the act shall operate to change the nature of the discharge given to William Kovatis on May 18, 1942.

The records of the Navy Department show that William Kovatis was born August 11, 1921, at Brockton, Mass., and enlisted in the Marine Corps on April (1331)

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12, 1940, at Washington, D. C. He served at the Marine Barracks, Parris Island, S. C., from April 13 to June 15, 1940; and at the Marine Barracks, Naval Ammunition Depot, Hingham, Mass., from June 16, 1940, to May 15, 1941. While serving there he was tried by deck court, January 1, 1941, for absence without leave for a period of 14 hours. On April 9, 1941, while a sentry over Government property, he stole property having a value of $49 and appropriated it to his own use. He was tried by general court martial on June 12, 1941, and was sentenced to confinement for 12 months and dishonorable discharge. The confinement was served at the naval prison, Portsmouth, N. H., and he was dishonorably discharged on May 18, 1942.

While Kovatis was serving sentence, he was detailed to the prison bakery and instructed by the dutyman in charge, one John Gambole, baker first class, not to touch any switches or run any machinery. On November 3, 1941, he threw a switch which caused the agitator in the dough mixer to revolve. He then slipped on the wet floor and in an attempt to break his fall, his left wrist was crushed in the dough mixer, rendering his left hand useless.

On February 19, 1942, Kovatis satisfactorily completed two-thirds of his sentence and became eligible for discharge in accordance with his sentence. He was not discharged, however, because of his being under treatment for the above injury. On March 7, 1942, he executed the following statement in writing: "To the Commanding Officer:

"In direct disobedience of orders I stuck my left hand in the dough mixer at the naval prison on November 3 and suffered severe and mutilating injury to my left hand. I refuse to submit it to any further treatment of this injury and demand my release from the naval hospital upon completion of my sentence."

Kovatis was released from the hospital and returned to the prison on March 7, 1942. On March 9, 1942, he signed the following statement:

"1. On Saturday, March 7, 1942, while a prisoner in the United States naval hospital, Navy Yard, Portsmouth, N. H., Lieutenant Commander Miner, medical officer at the hospital, came down to the lock ward where I was confined with a statement wrote out in longhand and he asked me to rewrite the statement (and sign it) regarding the accident I had in the prison bakeshop, stating that I had disregarded orders and put my hand in the dough mixer. He further stated that, that was the only way I could get out of the hospital, and that the senior medical officer had sent him down with the statement.

"2. I now wish to withdraw that statement made on March 7, 1942, as I only signed it in order to get away from the hospital and return to the prison."

A board of medical survey which convened at the naval hospital in Portsmouth, N. H., on April 22, 1942, recommended that Private Kovatis be discharged as unfit for service. This board found that the probable duration of his disability was permanent and that it was the result of his own misconduct, since the revolving of the agitator was the primary cause of the patient's condition. In an endorsement on the survey report, the commandant, United States Marine Corps, on May 11, 1942, recommended to the Judge Advocate General that the man be discharged in accordance with the terms of his sentence, which was approved by the Secretary of the Navy on May 20, 1942.

The Navy Department believes that while the disobedience of orders by Kovatis was the primary cause of his injury, it appears that there were other contributing factors of an accidental nature. The fact that he refused further treatment at a time when it necessitated his being retained as a prisoner beyond his normal period of confinement should not be considered too strongly against him and preclude further needed medical treatment.

Enactment of the bill S. 393 would involve no cost to the Navy, but there would be some additional cost under appropriations of the Veterans' Administration, the extent of which would depend on how long the treatments for injury to Kovatis' hand were continued.

The Navy Department recommends enactment of the bill S. 393.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.

Sincerely yours,

JAMES FORRESTAL, Acting.

Mr. BRADLEY. Colonel Knighton, I am, of course, expressing only my own thought which in some ways may or may not be correct or reflect the sentiment of the other members of the committee. In view of this report, I am personally in favor of reporting out this bill. The

reading of the report and the revocation by this man of his first statement, which evidently was signed under duress, does bring to my mind emphatically several instances of which I have personal knowledge. I do not know whether any other members of the committee have had the same experience, but I am sure that many Members of Congress have had the same experience regarding men in hospitals, men who have been wounded or incapacitated in some degree, and are being pressed continually to sign statements in order to effect their release from hospitals.

I hope you will carry back to the Marine Corps and to the Department my thought, and I wish that it might be implemented by other members of the committee, with respect to this continual demand on men who are in hospitals to sign statements which are prejudicial to themselves.

I have a case that I am currently taking up with the Navy Department of a man who was brought back from Guadalcanal and who is being pressed to sign a statement that the physical disability he is suffering from at the present time was the result of a condition prior to his enlistment in the Marine Corps. It is very bad when they sign statements and later when they present their claims to the Veterans' Bureau they have to deny the accuracy of those statements. This brings it out very forcefully. I do not know what the policy of the Marine Corps is on that.

STATEMENT OF COL. JOSEPH W. KNIGHTON, UNITED STATES MARINE CORPS

Colonel KNIGHTON. Mr. Chairman, I have here a written statement that I would like to submit for the record.

(The statement referred to is as follows:)

The purpose of this bill is to authorize William Kovatis, formerly of the Marine Corps, to receive appropriate medical attention without granting him any other benefits, privileges, or rights.

The records show that William Kovatis, born August 11, 1921, enlisted in the Marine Corps on April 12, 1940, at Washington, D. C.

While serving at the Marine Barracks, Naval Ammunition Depot, Hingham, Mass., Kovatis was tried by deck court January 1, 1941, for absence without leave for a period of 14 hours. On April 9, 1941, while a sentry over Government property, he stole property having a value of $49 and appropriated it to his own use. He was tried by general court martial on June 12, 1941, and was sentenced to confinement for 12 months and dishonorable discharge. The confinement was served at the naval prison, Portsmouth, N. H., and he was dishonorably discharged on May 18, 1942.

While serving his sentence, Kovatis was detailed to the prison bakery and instructed by the baker, first class, in charge not to touch any switches or run any machinery. On November 3, 1941, he threw a switch which caused the agitator in the dough mixer to revolve. He then slipped on the wet floor, and in an attempt to break his fall, his left wrist was crushed in the dough mixer, rendering his left hand useless.

On February 19, 1942, Kovatis satisfactorily completed two-thirds of his sentence and became eligible for discharge in accordance with his sentence, but was not discharged because of being under treatment for the above injury. On March 7, 1942, he signed a statement to the effect that he stuck his left hand in the dough mixer in direct disobedience of orders, that he refused to submit to further treatment, and that he demanded release from the hospital upon completion of his sentence.

Kovatis was released from the hospital and returned to the prison on March 7, 1942. On March 9, 1942, he signed the following statement:

"1. On Saturday, March 7, 1942, while a prisoner in the United States Naval Hospital, Navy Yard, Portsmouth, N. H., Lieutenant Commander Miner, a

medical officer at the hospital, came down to the lock ward where I was confined with a statement wrote out in longhand and he asked me to rewrite the statement (and sign it) regarding the accident I had in the prison bakeshop stating that I had disregarded orders and put my hand in the dough mixer. He further stated that that was the only way I could get out of the hospital, and that the senior medical officer had sent him down with the statement.

"2. I now wish to withdraw that statement made on March 7, 1942, as I only signed it in order to get away from the hospital and return to the prison."

A board of medical survey convened at the naval hospital, Portsmouth, N. H., on April 22, 1942, recommended that Private Kovatis be discharged as unfit for the service. The board found that the probable duration of his disability was permanent and that it was the result of his own misconduct, since the revolving of the agitator was the primary cause of the patient's condition.

The Commandant of the Marine Corps on May 11, 1942, recommended to the Judge Advocate General of the Navy that the man be discharged in accordance with the terms of his sentence, which was approved by the Secretary of the Navy. While the disobedience of orders was the primary cause of the injury, it appears to the Commandant that there were other contributing factors of an accidental nature. The fact that Kovatis refused further treatment at a time when it necessitated his being retained as a prisoner beyond his normal period of confinement should not be considered too strongly against him and preclude further medical treatment which he may need and which the bill will provide.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to this legislation, and has recommended enactment of S. 393. Colonel KNIGHTON. May I add a little more about this case? The surgeons at the hospital wanted to operate on the man and give him orthopedic treatment, but he consistently refused. In other words, he had completed his prison sentence, wanted to be released, and he did not want any further treatment. The records of the commanding officer's office of the hospital and also the man's record bears that out. It was just the case of a hard-headed boy who did not want his arm taken care of. He wanted to be released, and as a result his hand is practically useless. He has a deformed hand, and under laws applicable to the Veterans' Administration, that Administration will not take jurisdiction of any case where a man has received a dishonorable discharge, which he received upon discharge.

Now, had he received an honorable discharge, he would have gone right to the Veterans' Bureau and they would have taken care of it. That is this particular case. Although he is supposed to have repudiated his statement, the record does show that he definitely was told by the baker in charge not to touch any of the machinery in the galley. It is not merely just his statement. In order to be released from the Naval Prison at Portsmouth, he made a statement which was a true statement on March 7 but which he repudiated on the 9th. So, insofar as this case is concerned, I am sure there was no duress.

Mr. GRANT. Colonel, I think perhaps this case is a little different, but I have a case here something like the one to which the chairman referred, a case which does not involve the Marine Corps but concerns a young man who was retired in the last few days from the service after 3 years in the Army.

After going through all his preliminary training, he served about 4 months in Bermuda. He came back and went through an officers' candidate school and was commissioned and served about a year in the South Pacific.

Down there he had a fever and his sinus bothered him. He got a little eye trouble. He came back and they exacted some such statement and gave him a discharge after he had appeared before a retirement board, that his disabilities were all prior to his entry into the