ENACTING CERTAIN PROVISIONS INCLUDED IN NAVAL APPROPRIATION ACT FOR 1946 AND MISCELLANEOUS BILLS WEDNESDAY, MARCH 27 1946 UNITED STATES SENATE, COMMITTEE ON NAVAL AFFAIRS, Washington, D. C. Thee committee met, pursuant to call, at 10:30 a. m., in room 212, Senate Office Building, Senator David I. Walsh (chairman) presiding. Present: Senators Walsh (chairman), Gerry, McClellan, Brooks, Robertson, and Saltonstall. S. 1256 The CHAIRMAN. The hearing will come to order. We will take into consideration Docket No. 113, S. 1256, a bill to correct the military record of Robert J. Clark. The bill is as follows: (S. 1256 is as follows:) [S. 1256, 79th Cong., 1st sess.] A BILL To correct the military record of Robert J. Clark Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is authorized and directed (1) to amend the records of the Navy Department to show that Robert J. Clark (serial number 282958) was honorably discharged as a private, United States Marine Corps, on March 9, 1945; and (2) to issue to the said Robert J. Clark a certificate of honorable discharge as a private, United States Marine Corps, under date of March 9, 1945: Provided, That no pension, pay, or bounty shall be held to have accrued by reason of this Act, prior to the date of its enactment. STATEMENT OF COL. JOSEPH W. KNIGHTON, UNITED STATES MARINE CORPS HEADQUARTERS, WASHINGTON The CHAIRMAN. Have we a letter in this case? Colonel KNIGHTON. Yes, sir. You have a letter. For the purpose of the record, I have transcribed or put into my prepared statement merely the facts stated in the letter to you, setting forth all of his offenses. The CHAIRMAN. You may present that. This is a private bill. Colonel KNIGHTON. The purpose of the bill, S. 1256, is to authorize and direct the Secretary of the Navy (1) to amend the records of the Navy Department to show that Robert J. Clark, serial No. 282958, was honorably discharged as a private, United States Marine Corps, on March 9, 1945; and (2) to issue to the said Robert J. Clark a certificate of honorable discharge as a private, United States Marine 1 Corps, under that date. It is also provided that no pension, pay, or bounty shall be held to accrue by reason of the bill prior to the date of its enactment. The record of Robert J. Clark at Marine Corps headquarters shows the following offenses [reading]: June 18, 1940: Being in a restricted area about 10:55 p. m. bread and water. Awarded 5 day's November 15, 1940: Absent from inspection. Awarded 3 days' bread and water. June 5, 1942: Violation of two regulations regarding pool tables. hours' extra police duty. June 25, 1942: Absent over leave 1 hour and 25 minutes. restriction. Awarded 15 Awarded 1 week August 7, 1942: Using provoking words to another person. Awarded 20 hours' extra police duty. August 18, 1942: Disobedience of orders. Awarded 1 day bread and water and confinement. September 18, 1942: Absent over leave 1 hour and 35 minutes. Awarded 10 days' restriction. October 16, 1942: Failing to check out and in on liberty list. Awarded 2 weeks' restriction. November 5, 1942: Absent over leave 18 hours. Deck court; sentenced to lose pay of $15 per month for 2 months. March 30, 1943: Absent without leave about 3 days.-March 21 to March 24. Deck court; sentenced to solitary confinement on bread and water 15 days with full ration every third day and to lose pay $16 per month for 2 months. May 9, 1943: Absent without leave about 15 days. Summary court-martial; sentenced to perform extra police duty for 3 months and lose pay of $25 per month for 6 months, and to be discharged with a bad-conduct discharge. Badconduct discharge remitted on condition of satisfactory record during 6 months' probation. May 29, 1944: Absent without leave about 32 days. General court-martial (August 25, 1944); sentenced to 8 months' confinement with accessories and bad-conduct discharge. Bad-conduct discharge remitted on condition that Clark during confinement and for 8 months thereafter conduct himself in such manner as in the opinion of his commanding officer warrants further retention in the service. February 17, 1945: While a patient at United States Naval Hospital, Long Beach, Calif., violated probation by intoxication, insolence to medical officers, resisting arrest and breaking arrest. March 9, 1945: Discharged with a bad-conduct discharge in accordance with general court-martial sentence of August 25, 1944. The military record of Private Clark shows that he participated in action against the enemy on Bougainville, British Solomon Islands, from November 17, 1943, to December 25, 1943. On July 27, 1945, the acting chief of the Bureau of Medicine and Surgery in commenting on the medical aspects of this case stated, "It is the opinion of this bureau that from a neuropsychiatric and medico-legal standpoint, this man was at all times entirely responsible for his behavior. The Acting Secretary of the Navy on December 20, 1945, in a letter to the Chairman of the Committee on Naval Affairs recommended against the enactment of bill, S. 1256. The Commandant of the Marine Corps does not favor the enactment of this bill. The CHAIRMAN. That is the whole record, is it? Colonel KNIGHTON. Yes, sir. The CHAIRMAN. Very well. Were there any mitigating circumstances? Colonel KNIGHTON. No, sir, none whatsoever, so far as I can see. I made a thorough study of the record yesterday. The CHAIRMAN. All right. The only thing that could be done would be that the record might be changed to "undesirable"; that wouldn't leave him in a much better position, would it? Colonel KNIGHTON. After a man has been discharged as a result of a general court martial, sir, the records are never changed except by an action such as this one. The CHAIRMAN. Except by congressional action? The CHAIRMAN. Otherwise, they are never changed? Colonel KNIGHTON. No, sir. The CHAIRMAN. Very well. Colonel KNIGHTON. Thank you, sir. The CHAIRMAN. Just a moment. Let me read for the record the letters we received in this case. Colonel KNIGHTON. Yes, sir. The CHAIRMAN. This letter is dated October 29, 1945. It is as follows: I am writing to you with further reference to the case of Robert J. Clark of 30 Kink Street, Peabody, Mass. I appreciate your letter of October 11, 1945, in reply to mine of October 8, 1945, in which you advise that you are asking the Marine Corps for a transcript of the court-martial record in his case. I am enclosing a photostatic copy of letter written September 22, 1945, by A. M. Ursich, captain, Marine Corps, in reply to Robert's father's (Howard P. Clark) letter of July 22, 1945, requesting information relative to the conduct of his son during his service in the United States Marine Corps. You will note by the last paragraph that the alleged offenses, which motivated his discharge on March 9, 1945, were violations committed while he was a patient at the United States Naval Hospital, Long Beach, Calif. Considering that he was suffering from combat fatigue, or, as they called it, operational fatigue, his condition did not warrant the drastic action taken against him. In nearly 5 years, he had only 25 days' furlough. He was promised a furlough from the Glenwood Springs Hospital, but never got one. Doctor Cohen said if he were able to take a furlough, he was able to return to duty. Not the type of treatment one would expect a patient of 6 months to receive. He was not represented by counsel at his court martial, and was only before the judge advocate for about 3 minutes. He pleaded guilty to 32 days A. W. O. L., but pleaded not guilty to the other 3 days which were nolle prosequi. I call your attention again to the fact that during the 32-day period of a. w. o. 1. he was confined for part of the time at the Fitzsimons Hospital in Denver, Colo. This is verified by a report of the Glenwood Springs Hospital. As a matter of fact, he was discharged at the Long Beach Hospital, Calif., as cured, and the next day readmitted with the same diagnosis of operational fatigue. A review of the medical history of Robert might divulge some interesting facts. Father John O'Connell, to whom I have referred in recent letters, is expected home (in Peabody) very soon, as he recently wrote to his father not to write any more letters. I will have a talk with him and arrange for him to write you regarding Robert and his observations of this young man while in the Marine Corps, as his chaplain. Robert is still nervous despite the fact that over 7 months has elapsed since his discharge. He is not yet adjusted to civil life. I wish to again express my appreciation for the endeavors you have made in Robert's behalf. His mother and father as well are very grateful for all that you are doing. With kind personal regards, I am, Sincerely yours, C. F. NELSON PRATT. Mr. Fratt is one of the county commissioners of Essex County, Mass. |