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SECTION 369-NEW SECTION

It is believed desirable to have the provisions specified included in the enlistment contract, as they include certain privileges and obligations that any man should clearly understand before enlisting.

GENERAL PROVISIONS

SECTION 421-NEW SECTION

Subsection (a) is new in this form, but the provision contained therein is expressed or implied in numerous statutes relating to the retirement of military personnel.

A provision defining the next higher grade to that of commissioned warrant officer as lieutenant (junior grade), for purposes of retirement, was added.

The other provisions of said section are obsolete and are no longer needed.

SUBSECTION (A) IS NEW, BUT THE PROVISION CONTAINED IN IT IS

EXPRESSED OR IMPLIED IN NUMEROUS STATUTES RELATING TO RETIREMENT OF MILITARY PERSONNEL. IT IS BELIEVED DESIRABLE TO INCLUDE SUCH A PROVISION TO PREVENT ANY MISCONSTRUCTION OF RETIREMENT STATUTES, EVEN THOUGH NO CHANGE IN EXISTING LAW IS INTENDED ON THE POINT COVERED, EITHER BY OTHER SECTIONS DEALING WITH RETIREMENT, OR BY THIS SECTION.

SUBSECTION (B) IS A CODIFICATION OF THE ONLY PROVISION OF TITLE 14, U. S. C., 1946 ED., § 174 THAT IT IS DESIRED TO RETAIN, AND

IN ADDITION DESIGNATES THE NEXT HIGHER GRADE FOR COMMISSIONED WARRANT OFFICERS AS LIEUTANANT (JUNIOR GRADE) BECAUSE THE PAY OF THE COMMISSIONED WARRANT OFFICERS IS THE SAME AS FOR THE GRADE OF LIEUTENANT (JUNIOR GRADE) AND ADVANCING SUCH OFFICERS TO THE GRADE OF ENSIGN WOULD IN SOME ASPECTS NOT APPEAR TO BE A PROMOTION.

SECTION 422-NEW SECTION

This provision is desirable because many enlisted men and low ranking officers may now retire with higher grade which they previously held on a temporary basis. If recalled in the higher grades they might not be capable of holding same at the time of recall.

SECTION 423-SECTION REVISED

Based on the title 14, U. S. C., 1946 ed., §§ 162a, 167, 175c, 185d (Apr. 12, 1902, ch. 501, § 9, 32 Stat. 101; Jan. 12, 1938, ch. 3, § 3, 52 Stat. 5; May 24, 1939, ch. 146, § 5, 53 Stat. 756; Feb. 21, 1946, ch. 34, § 10, 60 Stat. 29).

Section was enlarged to include computation of retired pay in all situations. It is in accord with the provisions of Navy statutes.

SECTION 424-NEW SECTION

The two provisions of this section are considered desirable as safeguards to eliminate any possible misconstruction of situations relating to retirement and retired pay in respect to the two points covered.

SECTION 425-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 170 (Apr. 12, 1902, ch. 501, § 5, 32 Stat. 100; Jan. 28, 1915, ch. 20, §3, 38 Stat. 801; July 1, 1944, ch. 373, title VII, § 711, 58 Stat. 714; July 1, 1946, ch. 958, § 5, 60 Stat. 1049).

Said section has been divided. That part relating to oaths for boards is covered in section 635 of this title. The remainder is covered in this section.

The Secretary is constituted the reviewing authority in the case of warrant officers and enlisted men.

Changes in phraseology were made.

CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec.

461. Pay and allowances.

462. Pay and allowances of rear admirals.

463. Continuation of additional pay.

464. Allotment of pay.

465. Advances to officers ordered to and from sea or shore duty beyond the seas. 466. Settlement of accounts of deceased officers and men.

467. Computation of length of service.

468. Procurement of personnel.

469. Training.

470. Special instruction at universities.

471. Attendance at professional meetings.

472. Travel allowance to enlisted men on discharge.

473. Allowances to underage discharged persons.

474. Compensation for travel tolls and fares.

475. Hiring of quarters for personnel.

476. Contingent expenses.

477. Equipment to prevent accidents.

478. Rations or commutation therefor in money.

479. Sales of ration supplies to messes.

480. Flight rations.

481. Payments at time of discharge for good of service.

482. Clothing at time of discharge for good of service.

483. Right to wear uniform.

484. Protection of uniform.

485. Clothing for officers and enlisted personnel.

486. Clothing for destitute shipwrecked persons.

487. Procurement and sale of stores to officers, enlisted men, and civilian em

ployees.

488. Advancement of public funds to personnel.

489. Death gratuity,

490. Settlement of claims of military and civilian personnel.

491. Medal of honor.

492. Distinguished service medal.

493. Coast Guard medal.

494. Insignia for additional awards.

495. Additional pay for holders of medals.

496. Time limit on award; report concerning deed.

497. Honorable subsequent service as condition to award.

498. Posthumous awards.

499. Delegation of powers to make awards; rules and regulations.

500. Life-saving medals.

501. Replacement of medals.

502. Award of other medals.

503. Awards and insignia for excellence in service or conduct.

504. Disposition of remains of personnel.

505. Escorts for deceased officers and enlisted men.

506. Issue of national flag free of cost.

507. Disposition of effects of decedents.

CHAPTER 13 OF THIS TITLE DEALS WITH PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS FOR PERSONNEL OF THE COAST GUARD. SOME OF THESE SECTIONS ARE NEW AS APPLIED TO THE COAST GUARD, SOME CLARIFY AND CONSOLIDATE EXISTING LAW, AND OTHERS MERELY RESTATE EXISTING LAW. THERE IS NO INTENTION TO AMEND, ENLARGE OR CURTAIL THE PAY READJUSTMENT ACT OF 1942, AS AMENDED.

SECTION 461-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 20a, 121 (May 18, 1920, ch. 190, § 8, 41 Stat. 603; June 10, 1922, ch. 212, 42 Stat. 625; July 3, 1926, ch. 742, § 10, 44 Stat. 817).

Said section 121 was omitted from the 1940 and 1946 editions of the U. S. Code, but it has been held that the assimilation provision thereof is inoperative only insofar as Congress has made specific legislative provision for the Coast Guard, and that benefits derived from legislation pertaining to the Navy previously conferred upon the Coast Guard, and not provided for in subsequent legislation, survive to the Coast Guard under the assimilation statute. (See 27 Comp. Gen. 234; 22 Comp. Gen. 723; decision of June 9, 1947, B-63472; decision of April 2, 1948, B-70438; and decision of September 2, 1948, B-77295).

It seems desirable to retain this assimilation provision as to pay in order to cover any failure to provide specifically for the Coast Guard in military pay legislation.

Changes in phraseology were made.

THIS SECTION ASSIMILATES THE PAY OF MILITARY PERSONNEL OF THE COAST GUARD TO THE PAY OF MILITARY PERSONNEL OF THE NAVY. IT SEEMS THAT THIS IS THE MOST FEASIBLE METHOD OF INSURING THAT THE PAY OF MILITARY PERSONNEL OF THE COAST GUARD WILL NOT VARY FROM THE PAY OF MILITARY PERSONNEL OF THE OTHER ARMED FORCES. THE ASSIMILATION IS INTENDED TO INCLUDE AUTHORIZATION FOR EXTRA PAY AND ALLOWANCES AS PROVIDED FOR PERSONNEL OF

THE NAVY, FOR ALL TYPES OF SPECIAL DUTY: FOR EXAMPLE, QUALIFIED DIVERS ON DIVING DUTY, MILITARY PERSONNEL ASSIGNED TO SUBMARINE DUTY, MILITARY PERSONNEL ASSIGNED TO AVIATION DUTY, OFFICERS ASSIGNED AS AIDES TO FLAG OFFICERS, AND ENLISTED PER

SONS ASSIGNED TO DUTY IN THE MESS DETAIL. MILITARY PAY ACTS ARE INTENDED TO INCLUDE COAST GUARD PERSONNEL SPECIFICALLY; THIS SECTION WOULD COVER ANY FAILURE TO SO PROVIDE FOR COAST GUARD PERSONNEL IN A PAY ACT.

SECTION 462-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 6b (July 23, 1947, ch. 301, § 2, 61 Stat. 410).

Said section has been divided. The first and last sentences are combined to form section 22 of this title. The second sentence is incorporated in section 47 of this title. The remainder is placed in this section.

Changes in phraseology were made in order to adapt the section to this revision.

SECTION 463-NEW SECTION

This section corrects the situation which caused men to lose their extra pay granted by reason of Navy awards at the time the Coast Guard was returned to the Treasury Department. It makes certain that the intent is for such pay, once earned, to continue on whether the Coast Guard is under the Treasury Department or the Navy Department, and would permit reimbursement for such pay lost, if stopped solely by reason of the transfer of the Service from the Navy Department to the Treasury Department.

SECTION 464-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 129 (June 11, 1896, ch. 420, $1,29 Stat. 421).

Said section is simplified by omitting many of the details and leaving them to administrative regulation.

SECTION 465-SECTION REVISED

Derived from title 34, U. S. C., 1946 ed., § 875, and title 14, U. S. C., 1946 ed., § 3a (R. S. 1563; Mar. 4, 1917, ch. 180, 34 Stat. 1181; Oct. 26, 1942, ch. 623, 56 Stat. 987).

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Said section 875 was made applicable to the Coast Guard by title 14, U. S. C., 1946 ed., § 3a whenever the Coast Guard is operating as a part of the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times, particularly now that more Service personnel are stationed beyond the seas. Said section would in no way be affected.

SECTION 466-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 136a (Feb. 25, 1946, ch. 35, § 1, 60 Stat. 30).

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Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as to the Coast Guard, it is not scheduled for repeal but is being amended by section 19 of this act to eliminate reference to the Coast Guard.

Minor changes in phraseology were made in order to adapt the section to this revision.

SECTION 467-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 2 (Jan. 28, 1915, ch. 20, § 3,

38 Stat. 801).

The Air Force is added in the enumeration of services.

That part referring to the operation of a station for part of a year

is omitted.

Changes in phraseology were made.

SECTION 468-SECTION REVISED

Based on the following language contained in the Coast Guard appropriation act for 1949, "Pay and Allowances" and preceding years: "expenses of recruiting for the Coast Guard; advertising for

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and obtaining enlisted personnel and applicants for appointment as cadets;" (June 19, 1948, 62 Stat. 562).

Changes in phraseology were made.

SECTION 469-SECTION REVISED

Based on the following language contained in the Coast Guard appropriation act for 1949, "Pay and Allowances" and preceding years: "motion picture and other equipment for instructional purposes; training of enlisted personnel, including textbooks, school supplies, and correspondence courses;" (June 19, 1948, 62 Stat. 562). Changes in phraseology were made.

SECTION 470-SECTION REVISED

Based on the following language contained in the Coast Guard appropriation act for 1949, "Pay and Allowances" and preceding years: "not to exceed $32,200 for cost of instruction of officers at non-Federal institutions, including books, laboratory equipment and fees, school supplies, and maintenance of students;" (June 19, 1948, 62 Stat, 562).

The monetary limitation is removed.
Changes in phraseology were made.

SECTION 471-NEW SECTION

It is believed that the authority contained in this section will greatly benefit the Government in providing better trained personnel. Α similar provision was enacted for personnel of the Navy in 1946 (see title 5, U. S. C., 1946 ed., § 421c).

SECTION 472-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 138 (June 3, 1916, ch. 134, § 126, 39 Stat. 217; Feb. 28, 1919, ch. 70, § 3, 40 Stat. 1203; Sept. 22, 1922, ch. 409, 42 Stat. 1021; Dec. 14, 1942, ch. 728, 56 Stat. 1049; Aug. 2, 1946, ch. 756, § 21, 60 Stat. 856).

Said section is changed to assimilate the travel allowance authorized for Coast Guard enlisted men on discharge to whatever the law applicable to Navy enlisted men may be in this respect. This will keep the benefits the same for the two services, whether or not specific mention of the Coast Guard is made in any amendatory legislation.

Inasmuch as the acts cited above apply equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, they are not scheduled for repeal but are being amended by section 7 of this act to eliminate reference to the Coast Guard.

SECTION 473-SECTION REVISED

Derived from title 34, U. S. C., 1946 ed., § 900a (Sept. 24, 1945, ch. 385, 1, 59 Stat. 536).

Said section has application to personnel of the Navy only, but did have application to Coast Guard personnel from the date of enactment to the date of transfer of the Coast Guard back to the Treasury Department. It is believed desirable for such a provision to be applicable to Coast Guard personnel at all times.

Changes in phraseology were made in order to adapt the section to this revision.

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