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81ST CONGRESS HOUSE OF REPRESENTATIVES 18t Session

RESTORING LEAVE FOR CERTAIN NAVY AND MARINE

CORPS OFFICERS

July 12, 1949.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. KILDAY, from the Committee on Armed Services, submitted the

following

REPORT

(To accompany H. R. 5401

The Committee on Armed Services, to whom was referred the bill (H. R. 540), to provide terminal leave pay for certain officers of the Navy and Marine Corps, and for other purposes, having considered the same report favorably thereon with amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following: That any officer who (1) was separated from the Naval or Marine Corps Reserve after September 8, 1939, for the purpose of accepting a commission in the Regular Navy or Marine Corps; (2) was deprived of leave credit solely because of its having been accumulated prior to his so accepting a commission in the Regular Navy or Marine Corps; and (3) was on active duty on September 1, 1946, shall have such leave remain to his credit to the same extent as if he had not been so separated from such Reserve. Leave restored pursuant to this Act, which accrued prior to September 1, 1946. shall be treated as having been to his credit on August 31, 1946, and shall be settled and compensated for in the manner prescribed by the Armed Forces Leave Act of 1946, as amended, if application therefor is made within one year after the effective date of this Act.

Sec. 2. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act

The purpose of the proposed legislation is to restore to former Reserve officers of the Navy and Marine Corps who were given regular commissions in the Navy or Marine Corps leave or compensation to which they would have been entitled had all of their active duty after September 8, 1939, been performed as Regular officers in the Navy or Marine Corps.

The need for this legislation arises from a decision of the Comptroller General to the effect that the appointment of Reserve officers to the

Regular Navy and Marine Corps is an original entry and that the rights accruing under former service in a reserve status may not be carried over into a new status as a Regular Navy or Marine Corps officer unless expressly provided by statute. As a result of this decision, certain officers appointed in the Regular Navy or Marine Corps have not been permitted to transfer their accrued terminal leave into their new status as Regular officers.

The Congress recognized the principle of the proposed legislation by enacting section 7 of the act of April 8, 1946 (60 Stat. 94,

34 U. S. Č. 228a) which provided that each officer of the Naval and Marine Corps Reserve and each officer of the Regular Navy and Marine Corps without permanent appointments therein, appointed to officer rank in the Regular Navy or Marine Corps under the provisions of that act, who at the time of such appointment had to his credit leave accrued but not taken, could, subsequent to appointment, be granted such leave without loss of pay or allowances. However, the officers affected by the proposed legislation were not appointed to the Regular Navy or Marine Corps pursuant to the act of April 8, 1946.

Thus, the proposed bill has been amended so as to be applicable to any officer who was separated from the Navy or Marine Corps Reserve after September 8, 1939, for the purpose of accepting a commission in the Regular Navy or Marine Corps, which would include officers who were appointed after April 18, 1946, but not commissioned under the act of April 18, 1946.

Leave restored under the proposed measure will be transferred or compensated for under the provisions of the Armed Forces Leave Act of 1946, as amended.

There is no comparable problem for officers of the Army or Air Force.

It is estimated that the proposed legislation will cost approximately $835,000.

The proposed legislation has been approved by the Department of the Navy as indicated by the attached letter which is hereby made a part of this report.

NAVY DEPARTMENT,
OFFICE OF THE JUDGE ADVOCATE GENERAL,

Washington 25, D. C., March 14, 1949.
The Honorable CARL VINSON,
Chairman of the Committee on Armed Services,

House of Representatives. DEAR MR. CHAIRMAN: Your request for comments on H. R. 540 and H. R. 1426, bills to provide terminal leave pay for certain officers of the Navy and Marine Corps, and for other purposes, 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 purpose of the subject bills is to restore to former temporary officers of the Navy and Marine Corps and former officers of the Naval and Marine Corps Reserve, who were permanently appointed officers in the Regular Navy and Marine Corps prior to April 19, 1946, the leave or compensation to which they would bave been entitled under the Armed Forces Leave Act of 1946 had all of their active duty after September 8. 1939, been performed as an officer in the Regular Navy or Marine Corps. These bills are identica with the exception of the date specified for the filing of application for the leave restored or for compensation therefor.

Section 7 of the act of April 18, 1946 (60 Stat. 93, 34 U.S. u. 228a), provides that each officer of the Naval Reserve and of the Marine Corps Reserve and each officer of the Regular Navy and Marine Corps without permanent appointments therein, appointed to officer rank in the Regular Navy or Marine Corps under the provisions of that act, who at the time of such appointment had to his credit leave accrued but not taken, may, subsequent to appointment, be granted such leave without loss of pay or allowances. Section 4 (c) of the Armed Forces Leave Act of 1946 as amended by the act of August 4, 1947 (61 Stat. 748) provides that a member of the armed forces discharged after August 31, 1946, for the purpose of accepting a commission or warrant and having unused accrued leave standing to his credit at the time of discharge shall carry such leave credit from one status to another within his respective branch of the armed forces

During the period September 8, 1939. and August 31, 1946, a number of officers of the Naval and Marine Corps Reserve were given permanent appointments in the Regular Navy and Marine Corps under the authority of statutes which did not contain provision for the carrying over to their new status the unused leave which they had accumulated as reserve officers With regard to these officers the Comptroller General held that the appointment of reserve officers to the Regular service is an original entry into the service and that the rights, benefits, and privileges accrued under their former service in a reserve status could be carried over only when expressly so provided by statute Accordingly, these officers on appointment to the Regular Navy or Marine Corps lost the benefit of the leave which they had accrued during their active service as reserve officers.

The subject bills would limit the restoration of leave credits to those officers who were appointed in the Regular service prior to April 19, 1946, thereby excluding from their benefits those officers who were appointed to the Regular service during the period April 19, 1946, and August 31, 1946, the date after which under the Armed Forces Leave Act of 1946, as amended such officers could carry over their unused leave Further, the limiting date for the filing of applications for the restoration of leave or compensation therefor provided in these bills would for administrative purposes be too short.

As the proposed legislation does not relate to officers transferred to the Regular Navy and Marine Corps under the provisions of the Act of April 18, 1946 (60 Stat. 92), and in order to cover all officers deprived of leave credits by reason of appointment in the Regular Navy or Marine Corps, it is recommended that that part of the subject bills which follows the enacting clause be deleted and the following substituted in lieu thereof

"That any officer who (1) was separated from the Naval or Marine Corps Reserve after September 8, 1939, for the purpose of accepting a commission in the Regular Navy or Marine Corps; (2) was deprived of leave credit solely because of its having been accumulated prior to his so accepting a commission in the Regular Navy or Marine Corps; and (3) was on active duty on September 1, 1946, shall have such leave remain to his credit to the same extent as if he had not been so separated from such Reserve. Leave restored pursuant to this Act, which accrued prior to September 1, 1946, shall be treated as having been to his credit on August 31, 1946, and shall be settled and compensated for in the manner prescribed by the Armed Forces Leave Act of 1946, as amended, if application therefor is made within one year after the effective date of this Act.

"Sec. 2 There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

If amended in accordance with the foregoing recommendation, the Navy Department on behalf of the National Military Establishment recommends enactment of either of the subject bills

Enactment of the proposed legislation, it amended as recommended, would result in an additional cost to the Government of approximately $835,000.

This report has been coordinated within the National Military Establishment in accordance with procedures prescribed by the Secretary of Defense.

This report has been submitted to the Bureau of the Budget with request for
advice as to its relationship to the program of the President but due to insufficient
time, it is being submitted in accordance with the procedures prescribed by the
Secretary of Defense without awaiting the reply of the Bureau of the Budget.
For the Secretary of the Navy:
Respectfully yours

G. L. RUSSELL,
Rear Admiral United States Navy.

Judge Advocate General of the Navy.

H. Repts., 81-1, vol. 5—24

AUTHORIZING ADVANCES IN PAY TO PERSONNEL OF

THE ARMED SERVICES

JULY 12, 1949.-Committed to the Committee of the Whole House on the State

of the Union and ordered to be pri ed

Mr. KILDAY, from the Committee on Armed Services submitted the

following

REPORT

(To accompany H. R. 4050)

The Committee on Armed Services, to whom was referred the bill (H. R. 4050) to authorize advances in pay to personnel of the Army, Navy, Air Force, and Marine Corps upon permanent change of station, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill, H. R. 4050, as amended, do

pass. The amendments are as follows:

On page 1, lines 4, 5, and 6, delete the words "first, second, and third grades of the Army, Navy, Air Force, and Marine Corps”, and insert in lieu thereof the words “armed services”.

On page 2, line 3, after the word “men”, delete "of the first, second, and third grades”.

On page 2, line 4, delete “Army, Navy, Air Force, and Marine Corps,", and 'insert in lieu thereof the words “armed services”.

Amend the title so as to read: A bill to authorize advances of pay to personnel of the armed services upon permanent change of station, and for other purposes.

PURPOSE OF THE BILL

The purpose of the bill, as amended, is to provide equality among the armed services with respect to the advancement of pay to personnel thereof in cases of permanent changes of station or assignments to duty at distant stations where pay cannot be regularly disbursed.

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