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means of maintaining the vitality and numbers of the Reserves. Furthermore, section 262 is creating a reservoir of basically trained manpower that may some day prove to be the salvation of this land. For these reasons we strongly support the extension of section 262 for an additional 4 years until August 1, 1963.

In placing our support behind this bill and a 4-year extension of section 262, I am compelled to state the American Legion's belief that this should be made permanent legislation. By so doing, we would create a continuous flow of basically trained manpower into the Reserves and thereby avoid the perilous peaks of strength and valleys of weakness. We would instead have at all times the assurance of a very considerable strength in reserve.

This Nation is not wealthy enough to ever maintain in peacetime the total forces she will require in war. Realizing this, it seems only prudent planning for our Armed Forces to utilize the provisions of section 262 to create the basically trained manpower they are certain to require should we fail in our efforts to aroid conflict. The American Legion is skeptical of the savings realized by denying the use of money specifically appropriated for the 6-month trainees.

Furthermore, we are of a firm mind that for a relatively small amount of money thousands of our youth could be given 6 months of training while there is yet time.

In conclusion I would like to mention an oft-repeated benefit that is a byproduct of this act. Namely, that our trained replacements are deterrents-every last one of them, Make no mistake about it. Our enemies know the measures we are taking to protect our vaunted freedoms. Certainly, the approval of H.R. 3368 is a step in the right direction-one which the American Legion approves.

Mr. RIVERS. We return to the motion of Mr. Van Zandt. Without objection, the bill is reported out favorably. We will meet tomorrow at 2 o'clock in the large committee room. (Whereupon, at 12 m., the subcommittee adjourned, to reconvene Thursday, February 19, 1959, at 2 p.m.)

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SUBCOMMITTEE NO. 3 CONSIDERATION OF H.R. 3365, TO AUTHORIZE

THE CREDITING OF CERTAIN SERVICE FOR PURPOSE OF RETIRED
PAY FOR NONREGULAR SERVICE, AND FOR OTHER PURPOSES

HOUSE OF REPRESENTATIVES,
COMMITTEE ON ARMED SERVICES,

SUBCOMMITTEE No. 3,

Washington, D.C., February 19, 1959. The subcommittee met, at 2 p.m., Hon. L. Mendel Rivers (chairman of the subcommittee) presiding.

Mr. RIVERS. I will ask the committee to come to order. Off the record. (Further statement off the record.) Mr. RIVERS. On the record. The bill scheduled for consideration this afternoon is H.R. 3365. (H.R. 3365 is as follows:)

(H.R. 3365, 86th Cong., 1st sess.) A BILL To authorize the crediting of certain service for purpose of retired pay for

nonregular service, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 10, United States Code, is amended as follows: (1) Section 1332(a) (1) is amended(a) by inserting the following new clause after clause (C):

(D) the National Guard after June 14, 1933, if his service therein was continuous during the period beginning on the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, and ending on the day before the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air

National Guard of the United States;"; (b) by redesignating clauses (D), (E), and (F) as clauses "(E)”, “(F)”, and “(G)", respectively; and

(c) by striking out the word "and" at the end of clauses (E) and (F) and adding the following new clauses :

“(H) the Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Rerserve of the Navy, as it existed at any time after February 2, 1901 ;

“(I) the Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072), or the Act of June 22, 1944 (ch, 272, 58 Stat. 324); and

(J) an active full-time status, except as a student or apprentice, with the Medical Deparetment of the Army as a civilian employee

(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or

“(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women's Medical Specialist Corps and before January 1, 1949, or before appointment in the Air Force before January 1, 1949, with a view to designation as an Air Force nurse or medical specialist;

and". (2) Section 1332 (a) is amended by adding the following sentence at the end thereof: "For the purpose of clauses (A), (B), and (C), service in the National Guard shall be treated as if it were service in a reserve component, if the perSon concerned was later appointed in the National Guard of the l'nited States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served con34066— 59 No.8

(431)

1

tinuously in the National Guard during the period beginning on the date of his Federal recognition and ending on the day before the date of that appointment."

(3) Section 1332(b) is amended by striking out clause (6) and inserting the following clauses in place thereof:

“(6) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753), as amended, and service before July 1, 1938, as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146).

(7) Service in any status other than th»t as commissioned officer, warrant officer, nurse, flight officer, appointed aviation cadet, or enlisted mem

ber, and that described in subsection (a) (1) (J).". (4) Section 3683 (4) is amended to read as follows:

“(4) all active full-time service, except as a student or apprentice, with the Medical Department of the Army as a civilian employee

“(A) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or

“(B) in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women's

Medical Specialist Corps and before January 1, 1949." (5) Section 3926 is amended by adding the following new subsection at the end thereof :

“(d) For the purpose of determining whether a commissioned officer of the Army Nurse Corps or the Army Medical Specialist Corps may be retired under section 3911 of this title, all service computed under section 3683 of this title shall be treated as if it were service as a commissioned officer.”.

(6) Section 6324 is amended by striking out the words “an officer" and inserting the words "a regular officer or a reserve officer" in place thereof. (7) Section 8683(4) is amended to read as follows:

“(4) all active full-time service, except as a student or apprentice, with the Medical Department of the Army as a civilian employee

“(A) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943 : or

"(B) in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women's Medical Specialist Corps and before January 1, 1949, or before appointment in the Air Force before January 1, 1949, with a view to designa

tion as an Air Force nurse or medical specialist." (8) Section 8926 is amended by adding the following new subsection at the end thereof :

“(d) For the purpose of determining whether an Air Force nurse or medical specialist may be retired under section 8911 of this title, all service computed under section 8683 of this title shall be treated as if it were service

as a commissioned officer.”, SEC. 2. All appointments made after December 6, 1941, in the Army of the United States without component under the joint resolution of September 22, 1941 (ch. 414, 55 Stat. 728), that were not earlier terminated by administrative action or specific provision of law may be considered for all purposes to have continued in effect until the close of March 31, 1953.

SEC. 3. This Act does not deprive any person cf any service credit to which he was entitled on the day before the effective date of this Act.

SEC. 4. Any person who, on the effective date of this Act, would not have completed 18 years of service for which he is entitled to credit in the computation of his basic pay under the laws in effect prior to the effective date of this Act, and who, as a result of the enactment of this Act, is credited with more than 17 years of such service, shall be allowed twelve months from the effective date of this Act to make the election provided by section 1431 (b) of title 10, United States ('ode, notwithstanding the requirement of the second sentence of that section.

Mr. RIVERS. This bill, which was sponsored by the Department of Defense, and approved by the Bureau of the Budget, has as its main purpose the recognition of certain service as service which can be considered by Reserve personnel for purposes of retirement under title III of Public Law 810, 80th Congress. As you know, title III of Public Law 810 provides retirement benefits for the Reserve personnel at age 60.

In addition, the bill would recognize for purposes of voluntary retirement from active duty the service performed by nurses and medical specialists in the Armed Forces prior to the time they were given commissioned officer status in 1947.

Finally, the bill will validate the appointments of officers appointed in the Army of the United States without component for the period between 1948 and 1953.

As a matter of information to new members on this subcommittee, I understand that this subcommittee had previously considered the general subject matter of this bill during the second session of the 84th Congress. At that time H.R. 2035, which was generally concerned with the same subject matter, was reported favorably by the full Armed Services Committee, and subsequently passed the House. However, the other body failed to take action in respect to it.

Our first witness will be a representative of the Navy Department, who will be speaking in behalf of the Department of Defense. That is Commander Porter, isn't it?

Mr. SLATINSHEK. Commander Porter.
Mr. RIVERS. Commander Porter, would you come up, please sir.

Commander Porter, you go right ahead and give us what this bill does.

Commander PORTER. Aye, aye sir.

Mr. Chairman and members of the committee, I appreciate the opportunity to appear here to recommend the enactment of H.R. 3365 in order to remove existing discriminations in the types of service creditable for retirement purposes which appear to have been the result of unintentional omissions in the present law. I shall discuss the provisions of the bill which pertain to Navy personnel, and Army representatives will testify regarding the portion of the bill applicable to the Army.

Section 302 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (Public Law 810, 80th Cong), limits the service creditable for retirement to service in the status of a commissioned officer, warrant officer, flight officer, or enlisted person. Because of statutory technicalities which I will describe for each of the categories affected, this language does not permit credit for service as a naval aviation cadet under an appointment made prior to the Naval Aviation Cadet Act of 1942 or for service as a Navy nurse prior to the Army-Navy Nurses Act of 1947. In each case, service which is factually similar is creditable under the law for regular retirement.

Candidates were appointed as aviation cadets in the Naval Reserve under the act of April 15, 1935. Upon completion of their training, they remained aviation cadets on active duty for 3 years. It was not until this time that they were appointed commissioned officers in the Naval Reserve. Until then they had neither enlisted nor officer status. They were cadets. Therefore, the period they served as cadets cannot be credited for retirement under the present wording of Public Law 810. The Naval Aviation Act of 1942 provided that the aviation cadet of the Naval Reserve would have enlisted status. Thus, the cadet enlisted since September 1942 receives credit toward retirement for the period served as a cadet. Also, aviation cadets of the Air Force have always had enlisted status and they receive credit for their

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