MRS. MARY L. W. DAWSON JULY 7, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. FRAZIER, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 3803) The Committee on the Judiciary, to whom was referred the bill (H. R. 3803) for the relief of Mrs. Mary L. W. Dawson, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to authorize the Secretary of the Treasury to pay Mrs. Mary L. W. Dawson, of Athens, Ga., the sum of $1,740. Payment of such sum shall be in full settlement of all claims of the said Mrs. Mary L. W. Dawson against the United States for payment of a 6 months' death gratuity of which she was deprived by reason of an error in the naval record of her husband, Lt. (jg) Cosby Homer Dawson (now deceased). Such error has been corrected by the Board for Correction of Naval Records and the Secretary of the Navy acting pursuant to section 207 of the Legislative Reorganization Act of 1946. STATEMENT OF FACTS This bill provides for the payment of $1,740 to Mrs. Dawson, representing 6 months' gratuity, of which she has been deprived by reason of an error in the naval record of her husband. The error has been corrected by the Board for Correction of Naval Records and the Secretary of the Navy acting pursuant to section 207 of the Legislative Reorganization Act of 1946. The Navy Department records indicate that release from active duty orders of Lieutenant Dawson were issued June 18, 1946. The records also indicate that he had not received the maximum benefit from hospitalization and that he should not have been released to inactive duty for this reason. As stated above, the Board of Correction of Naval Records, reviewed this case and found that the record should be corrected to show that Lieutenant (junior grade) Dawson was not released to inactive duty on June 22, 1946, but that he remained on active duty until and including the date of his death, June 26, 1946, and the Secretary of the Navy approved these findings. For 3 years this widow has been deprived of the 6 months' death gratuity to which she is justly entitled. Now that the record has been corrected, your committee recommends favorable consideration to the bill. NAVY DEPARTMENT, OFFICE OF THE JUDGE ADVOCATE GENERAL, The HONORABLE EMANUEL CELLER, House of Representatives. DEAR MR. CHAIRMAN: Your request for comments on H. R. 3803 for the relief of Mrs. Mary L. W. Dawson, has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the National Military Establishment. The subject bill proposes that the Secretary of the Treasury be authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Mary L. W. Dawson, of Athens, Ga., the sum of $1,740. Payment of such sum shall be in full settlement of all claims of the said Mrs. Mary L. W. Dawson against the United States for the payment of a 6-month death gratuity by reason of the death of her husband, the late Lt. (jg) Cosby Homer Dawson, 329496 The records of the Navy Department disclose that on July 5, 1945, Lt. (jg) Cosby Homer Dawson was admitted to the naval hospital at Dublin, Ga., for treatment, and on February 6, 1946, he was ordered to appear before the Naval Retiring Board, Navy Department, Washington, D. C., for examination. Upon conclusion of the examination, he was ordered home to await release from active duty. Final action on retirement was temporarily withheld due to the fact that legislation was then pending in the Senate which would have entitled enlisted personnel (previously retired and recalled to active duty as in the instant case), to be retired in the highest rank held under temporary appointment. On June 22, 1946, Lieutenant (junior grade) Dawson received orders which released him from active duty and placed him on the retired list. On June 24, 1918, at his own request, he entered the naval hospital at Dublin, Ga., because of illness, and died 2 days later at his home in Athens, Ga. The records clearly indicate that at the time Lieutenant (junior grade) Dawson was released to inactive duty on June 22, 1946, he had not received the maximum benefit from hospitalization and that he should not have been released to inactive duty for this rea on. By letter dated April 20, 1948, the Chief of Naval Personnel so informed the Board for the correction of naval records, and recommended that the orders releasing Lieutenant (junior grade) Dawson to inactive duty on June 22, 1946, be canceled, and that the records be corrected to show that he was on active duty on June 26, 1946, the date of his death. Pursuant to this recommendation, the Board found on July 20, 1948, that an injustice existed by reason of this officer having been summarily released to inactive duty at a time when his physical condition appeared to have been extremely doubtful. The records were corrected to show that Lieutenant (junior grade) Dawson died on active duty on June 26, 1946. The Navy Department determined Mrs. Mary L. W. Dawson, Athens, Ga., to be the lawful widow of the decedent for the purpose of entitlement to the payment of 6-months' death gratuity benefit. Accordingly, Mrs. Dawson's claim for such payment was certified and forwarded for payment with a copy of the corrected notice of death showing Lieutenant (junior grade) Dawson to have been on active duty in the naval service at the time of his death. The claim was forwarded to the General Accounting Office, Claims Division, Washington 25, D. C., for direct settlement. It is understood that the Comptroller General has not authorized payment of death gratuity benefit to Mrs. Dawson. In his decision of April 4, 1948 (B-74279 relating to payments to military personnel based on corrected naval records). the Comptroller stated in part as follows: "The authority conferred upon the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Treasury with respect to the Coast Guard, respectively, by section 207 of the Legislative Reorganization Act of 1946, to correct any military or naval records where in their judgment such action is necessary to correct an error or to remove an injustice, does not vest in said department heads, or in this office, any authority to order or direct the allowance or payment of any claim for money, based on corrections made in the military or naval records of an individual under authority of said section." In view of the foregoing, the Navy Department would interpose no objection to the enactment of H. R. 3803. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed report to the Congress. For the Secretary of the Navy: Respectfully yours, As stated above, the Board of Correction of Naval Records, reviewed this case and found that the record should be corrected to show that Lieutenant (junior grade) Dawson was not released to inactive duty on June 22, 1946, but that he remained on active duty until and including the date of his death, June 26, 1946, and the Secretary of the Navy approved these findings. For 3 years this widow has been deprived of the 6 months' death gratuity to which she is justly entitled. Now that the record has been corrected, your committee recommends favorable consideration to the bill. NAVY DEPARTMENT, OFFICE OF THE JUDGE ADVOCATE GENERAL, The HONORABLE EMANUEL CELLER, House of Representatives. DEAR MR. CHAIRMAN: Your request for comments on H. R. 3803 for the relief of Mrs. Mary L. W. Dawson, has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the National Military Establishment. The subject bill proposes that the Secretary of the Treasury be authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Mary L. W. Dawson, of Athens, Ga., the sum of $1,740. Payment of such sum shall be in full settlement of all claims of the said Mrs. Mary L. W. Dawson against the United States for the payment of a 6-month death gratuity by reason of the death of her husband, the late Lt. (jg) Cosby Homer Dawson, 323496 The records of the Navy Department disclose that on July 5, 1945, Lt. (jg) Cosby Homer Dawson was admitted to the naval hospital at Dublin, Ga., for treatment, and on February 6, 1946, he was ordered to appear before the Naval Retiring Board, Navy Department, Washington, D. C., for examination. Upon conclusion of the examination, he was ordered home to await release from active duty. Final action on retirement was temporarily withheld due to the fact that legislation was then pending in the Senate which would have entitled enlisted personnel (previously retired and recalled to active duty as in the instant case), to be retired in the highest rank held under temporary appointment. On June 22, 1946, Lieutenant (junior grade) Dawson received orders which released him from active duty and placed him on the retired list. On June 24, 1916, at his own request, he entered the naval hospital at Dublin, Ga., because of illness, and died 2 days later at his home in Athens, Ga. The records clearly indicate that at the time Lieutenant (junior grade) Dawson was released to inactive duty on June 22, 1946, he had not received the maximum benefit from hospitalization and that he should not have been released to inactive duty for this rea on. By letter dated April 20, 1948, the Chief of Naval Personnel so informed the Board for the correction of naval records, and recommended that the orders releasing Lieutenant (junior grade) Dawson to inactive duty on June 22, 1946, be canceled, and that the records be corrected to show that he was on active duty on June 26, 1946, the date of his death. Pursuant to this recommendation, the Board found on July 20, 1948, that an injustice existed by reason of this officer having been summarily released to inactive duty at a time when his physical condition appeared to have been extremely doubtful. The records were corrected to show that Lieutenant (junior grade) Dawson died on active duty on June 26, 1946. The Navy Department determined Mrs. Mary L. W. Dawson, Athens, Ga., to be the lawful widow of the decedent for the purpose of entitlement to the payment of 6-months' death gratuity benefit. Accordingly, Mrs. Dawson's claim for such payment was certified and forwarded for payment with a copy of the corrected notice of death showing Lieutenant (junior grade) Dawson to have been on active duty in the naval service at the time of his death. The claim was for warded to the General Accounting Office, Claims Division, Washington 25, D. C., for direct settlement. It is understood that the Comptroller General has not authorized payment of death gratuity benefit to Mrs. Dawson. In his decision of April 4, 1948 (B-74279 relating to payments to military personnel based on corrected naval records). the Comptroller stated in part as follows: "The authority conferred upon the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Treasury with respect to the Coast Guard, respectively, by section 207 of the Legislative Reorganization Act of 1946, to correct any military or naval records where in their judgment such action is necessary to correct an error or to remove an injustice, does not vest in said department heads, or in this office, any authority to order or direct the allowance or payment of any claim for money, based on corrections made in the military or naval records of an individual under authority of said section." In view of the foregoing, the Navy Department would interpose no objection to the enactment of H. R. 3803. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed report to the Congress. For the Secretary of the Navy: Respectfully yours, |