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Is there anything here from Father O'Connell?

Captain SAUNDERS. Yes, sir; there is a letter in the file.

The CHAIRMAN. I think that this man's father came to see me and Chaplain O'Connell was with him. Chaplain O'Connell came from the same town?

Colonel KNIGHTON. Yes; he did.

The CHAIRMAN. I interviewed him and talked with him. He was quite sympathetic. He thought it was a case of shattered nerves. Let me read you Father O'Connell's letter.

Colonel KNIGHTON. Yes.

The CHAIRMAN. That letter is dated April 26, 1945, and it is addressed to Mr. Clark. It reads as follows

DEAR MR. CLARK: Upon reception of yours and my Dad's letters regarding Bobby's present plight. I've lost no time in getting off the enclosed letter of recommendation, poor as are the circumstances and obviously undependable as is the typewriter.

Indeed, I was mildly shocked to learn the predicament into which Bob got himself. It is all so foreign to the Bobby I knew on Guadalcanal. Surely the underlying reason is a physical and not a moral one. It often occurred to me in 1943 that Bob was of slight build for the hard road ahead, and when the Bougainville invasion did take place I was quite concerned as to how he made out. So what I have written in this letter of recommendation, I mean very heartily. Bob wouldn't knowingly bring this sadness on you and the family-he thought too much of all of you. I deeply appreciate your present worry, and will sincerely include your intentions in my masses.

We're all victimized by this inhuman war in some way or other, Mr. ClarkBob cuts up a bit, another lad is a deserter, another commits suicide, many turn into coarse irreligious thugs-all good lads when they entered the service. The vast majority of the people back home have not (could not possibly have) the remotest conception of the soul-shaking experiences our boys in the front lines undergo. Thus, the people back there might raise their eyebrows at Bob's antics, but ask the opinion of Bob's buddy when the bullets were flying. He won't raise any eyebrows, he won't be scandalized, and his esteem for Bob won't change. Neither has mine.

God bless you and the family, dispel your cares, and restore Bob to you in a bright awakening of this dark nightmare.

Very sincerely,

Father JOHN O'CONNELL.

Now, here is a recommendation from Father O'Connell. It reads as follows:

One Hundred and Thirty-second Infantry
APO #716, % Postmaster, San Francisco, Calif.

To Whom It May Concern:

26 APRIL 1945.

From the late spring of 1943 until the invasion of Bougainville in November of the same year, the Third Marine Division was located on Guadalcanal some dozen miles distant from the Two Hundred and Fourteenth Coast Artillery (AA). My friend Robert (Bobby) Clark, belonging to this Marine Division, and I, the Catholic chaplain of the Two Hundred and Fourteenth Coast Artillery (AA) at that time, took advantage of the weekly opportunities we had for visiting each other and reviewing our home town, Peabody, Mass., and our many mutual friends back there. Back home I had known Bobby's sister and brother better than himself, but in the above-mentioned period I had a splendid chance to appraise Bobby for his real worth while on duty.

Bobby at that time impressed me as a guileless boy, a gentleman in both ideas and action. Time and again, in conversation, he evidenced an unmistakeable genuine enthusiasm for the Marines and the contribution he would make to America's cause while soldiering with them. It was his intention in those days to make soldiering his permanent profession. A point for edification that did not escape me was his singular lack of criticism of anyone or anything connected with

the military. His happiness and satisfaction with his lot was always apparent. Among his many observable traits that could be mentioned, his friendliness, generosity, and concern for his neighbor were conspicuous. Coupled to his military enthusiasm, was his sincere concern for the well-being of his family back home. I recall that one of the many things that endeared me to Bobby was his brotherly concern for his sister Anna, who had long labored under a physical disability. Because this concern was practical, Bobby took real joy in saving a sizable amount of his salary to send her to speed her complete recuperation. Boys in my camp to whom I introduced Bob, echoed my estimation of him.

In the light of the above, Bob's present reversal of character is completely incomprehensible to me. I cannot help but feel that his overseas' service in a miserable climate, along with the shaky experience of Bougainville's beachhead, unsettled him to the point where he was presently acting as previously he had never dreamed.

That is signed "Father John F. O'Connell, chaplain, One Hundred and Thirty-second Infantry."

Colonel KNIGHTON. Now, Mr. Chairman, I would like to point out that neither this chaplain nor the other people who submitted letters in his behalf knew that these offenses, many of them, were committed before he left the United States.

As you see, he started off in June 1940 to commit these offenses and he committed eight of them before he ever left the United States. If he had had a good record up to that time, the time he left the United States, certainly, it would seem there might have been mitigating circumstances.

He was only overseas for just a year. His first deck court-martial, as a matter of fact, was awarded while he was still in the United States.

Then, after he went overseas, he went absent again in New Zealand, before he was in action at Bougainville. Then, when he came back to the United States, while in the hospital, he went over leave again.

So, you see, these people were not familiar with his previous record. He had been a source of trouble in the Marine Corps. We have many, many boys who go through their entire enlistment in the Marine Corps without ever having a black mark against them.

The CHAIRMAN. Is there any provision in law or in the regulations— I am not referring to this boy's case, but in cases like his-to have the boy reinstated in the Marines and give him a chance to try again? Colonel KNIGHTON. Yes, sir.

The CHAIRMAN. That can be done?

Colonel KNIGHTON. Yes, sir.

The CHAIRMAN. If the committee recommended it, they probably would give him a trial?

Colonel KNIGHTON. Yes, sir.

Senator SALTONSTALL. Mr. Chairman-I came in a little late-this man was dishonorably discharged?

Colonel KNIGHTON. He received a bad conduct discharge.

The CHAIRMAN. He had a record of minor misdemeanors and then,

after he was in the hospital, they became more serious.

What did he go to the hospital for?

Colonel KNIGHTON. He went in for an infected ear; then later it was changed to combat fatigue.

The CHAIRMAN. He got in trouble; he was absent without leave. Apparently, he went to a hospital in California, then to a hospital in Colorado and then back again.

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Colonel KNIGHTON. In going over his record, as I have, very carefully, I think that the boy was really sent back because they were glad to get rid of him from the unit because he was causing too much trouble.

The CHAIRMAN. Who was his commanding officer?

Colonel KNIGHTON. Well, he was in the Third Division. That would be General Turnage.

The CHAIRMAN. Who was his immediate commanding officer? Colonel KNIGHTON. I do not know, sir. I will have to check on that.

The CHAIRMAN. Well, if he showed great gallantry and courage and did a good job during the war, that might be considered.

Colonel KNIGHTON. He did not, sir. He merely participated in the invasion, that is all.

Senator MCCLELLAN. Who proposed this legislation-I was not here when you started-was it recommended by the Department? Colonel KNIGHTON. No, sir, it was not recommended by the Department.

The CHAIRMAN. How old was he?

Colonel KNIGHTON. He was 19 when he came in, sir. He was born in 1921. He is now 25.

The CHAIRMAN. 24 or 25.

Colonel KNIGHTON. Yes.

The CHAIRMAN. Well, we would like to have you contact his immediate commanding officer and let us know what his behavior and conduct was in that engagement at Bougainville that he was in.

Colonel KNIGHTON. I shall try to find out, sir. Would you like to have me write you further on that, Mr. Chairman?

The CHAIRMAN. Yes. We will hold this up until we get your letter. We will not act upon it in the meantime.

I suppose there might be other cases such as this. I am referring to cases where there are serious offenses. It has been considered that those boys might be recommended for another term of enlistment so that they could have another chance to clear their records.

It is sometimes pretty hard to judge. Undoubtedly, we may presume there was good reason for his being discharged with a bad conduct discharge.

Now, this boy, with a dishonorable discharge, it would be pretty hard for a boy

Colonel KNIGHTON. It was a bad-conduct discharge, not a dishonorable discharge, sir.

The CHAIRMAN. That would not be as bad as the other one.

Colonel KNIGHTON. No, sir.

Captain SAUNDERS. I might say, for the information of the record, that Captain Nunn informs me that the Navy Department has sent over to the Bureau of the Budget a bill which would permit general court-martial cases to go before a special board of review. That might be helpful in this connection.

The CHAIRMAN. Thank you.

Thank you, Colonel Knighton.

Colonel KNIGHTON. Thank you, Mr. Chairman.

S. 1917

The CHAIRMAN. Now, we will proceed to the important bill for the day. It is Docket No. 186, S. 1917, a bill to enact certain provisions now included in the Naval Appropriation Act, 1946, and for other purposes.

(S. 1917 is as follows:)

[S. 1917, 79th Cong., 2d sess.]

A BILL To enact certain provisions now included in the Naval Appropriation Act, 1946, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when authorized by the Secretary of the Navy, and when in his opinion it will be of benefit to the conduct of the work of the Navy Department, personnel of the Naval Establishment may attend meetings of technical, professional, scientific, and other similar organizations and may be reimbursed for their expenses at the rates authorized by law.

SEC. 2. The Secretary of the Navy may provide for the physical examination by civilians of employees engaged in hazardous occupations where the professional services of the Medical Department are not available, and may compensate such civilians on a contract or fee basis for such professional services at the rates customary in the locality.

SEC. 3. In addition to all other allowances authorized by law, the following amounts may be paid annually, out of the naval appropriations available for pay, to the officers serving in the following capacities, such amounts to be expended in their respective discretions for the contingencies of such offices: Director of Naval Intelligence, $2,000; President of Naval War College, $1,000; Superintendent of Naval Academy, $5,200; Commandant of Midshipmen at the Naval Academy, $1,200.

SEC. 4. Under such regulations as the Secretary of the Navy may prescribe, there may be allowed and paid out of naval appropriations the cost of installation and use (other than for personal long distance calls) of extension telephones connecting public quarters occupied by naval personnel with the switchboards of their official stations.

SEC. 5. The third paragraph under the head "Navy Department" in the Act of March 18, 1904 (33 Stat. 117; 5 U. S. C. 415), is hereby repealed.

SEC. 6. Within the limits of appropriations made therefor, the Secretary of the Navy is authorized to provide for all emergencies and extraordinary expenses arising in the Naval Establishment, but impossible to be anticipated or classified, and when so specified in an appropriation such funds may be expended on the approval or authority of the Secretary of the Navy and for such purposes as he may deem proper, and his determination thereon shall be final and conclusive upon the accounting officers of the Government, and he may make a certificate of the amount of such expenditures as he may think it advisable not to specify and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended.

SEC. 7. (a) The Secretary of the Navy is authorized to employ such civilian professors, lecturers, and instructors as he may deem necessary for the proper instruction of naval personnel at the Navy War College and the Naval Academy, and the professors, lecturers, and instructors so employed shall be paid out of naval appropriations such compensation as he may prescribe.

(b) The first paragraph under the head "Naval Academy" in the Act of August 29, 1916 (39 Stat. 607), as amended (34 U. S. C. 1071), and section 1528, Revised Statutes (34 U. S. C. 1072), are hereby repealed.

SEC. 8. The Secretary of the Navy is authorized to award medals, trophies, badges, and cash prizes to naval personnel or groups thereof (including personnel of the reserve components thereof whether or not on active duty), for excellence in accomplishments related to naval service, to incur such expenses as may be required to enter such personnel in competitions, and to provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable.

SEC. 9. Uniforms and other equipment or material issued to the Naval Reserve Officers' Training Corps in accordance with law may be furnished from surplus or reserve stocks of the Navy without payment.

SEC. 10. Officers and enlisted personnel of the Naval Reserve or Marine Corps Reserve on active duty shall not be entitled to receive pay, allowances, travel, or other expenses while drawing a pension, disability allowance, disability compensation, or retired pay (other than as members of the Fleet Reserve or Fleet Marine Corps Reserve or as members on the honorary retired list of such Reserve forces) from the Government of the United States.

SEC. 11. The Secretary of the Navy is authorized to provide for the maintenance and operation of the Naval Home, including the transportation, admission, entertainment, support, and care of beneficiaries, hospitalization of beneficiaries in naval hospitals, transportation and subsistence of attendants of beneficiaries where required, and the burial and care of graves of deceased beneficiaries.

SEC. 12. The Secretary of the Navy is authorized to provide for the maintenance and operation of naval prisons and prison farms and for the subsistence, welfare, recreation, and education of all naval prisoners.

SEC. 13. The Secretary of the Navy may, when authorized in an appropriation, contribute to the support of schools in localities where naval activities are located if he finds that the schools, if any, available in the locality are not adequate for the welfare of dependents of personnel of the Naval Establishment stationed at the activity, and may provide for the transportation of such dependents between the schools and the activities when such schools are not accessible to such dependents by regular means of transportation.

SEC. 14. Under such regulations as the Secretary of the Navy may prescribe, enlisted naval personnel may receive additional compensation at the rate of $5 per month while assigned to duty as messmen.

SEC. 15. (a) Within such regulations as may be prescribed by the Secretary of the Navy, naval personnel, including members of the Nurse Corps, may be furnished public quarters, including heat, light, water, and refrigeration.

(b) Where sufficient quarters are not possessed by the United States, the Secretary of the Navy is authorized to provide lodging accommodations for naval personnel, including naval personnel on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable: Provided, That such accommodations shall not be occupied by the dependents of naval personnel.

SEC. 16. (a) No table linen, dishes, glassware, silver, and kitchen utensils shall be furnished for use in the residence or quarters occupied by officers with their dependents except for messes temporarily set up on shore for bachelor officers and officers attached to seagoing or district defense vessels, to aviation units based on seagoing vessels, to the fleet air bases, to the submarine bases, or to landing forces and expeditions.

(b) Enlisted naval personnel may be assigned to duty in a service capacity in officers' messes and public quarters, under such regulations as the Secretary of the Navy may prescribe, where the Secretary finds that the use of such personnel for such work is desirable for military reasons. No provision of law shall be construed as preventing the voluntary employment in any such capacity of a retired enlisted person or a transferred member of the Fleet Reserve without additional expense to the Government.

(c) The sale of meals by general messes afloat and ashore is authorized under such regulations as the Secretary of the Navy may prescribe.

SEC. 17. (a) All enlisted naval personnel while on active duty or on authorized leave or furlough therefrom, midshipmen and cadets shall be allowed a ration, or commutation thereof in money, under such regulations as the Secretary of the Navy may prescribe. Such regulations shall establish rates at which rations shall be commuted in money. Members of the Nurse Corps may be subsisted in kind but, if so subsisted, there shall be deducted from the allowances which they are otherwise entitled to receive, one subsistence allowance.

(b) The proviso in the first paragraph under the head "Bureau of Provisions and Clothing" in the Act of January 30, 1885 (23 Stat. 291; 34 U. S. C. 901); the proviso in the first paragraph under the head "Maintenance, Quartermaster's Department, Marine Corps" in the Act of July 11, 1919 (41 Stat. 154; 34 U. S. C. 976); and section 1585 of the Revised Statutes, as amended (34 U. S. C. 907) are hereby repealed.

SEC. 18. During the existence of war or national emergency as declared by the President, there may be transported and subsisted on naval vessels at Govern

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