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JAVY JUDGE ADVOCATE GENERAL'S CORPS AND PROHIBITING COERCION IN CHARITABLE CONTRIBUTIONS

THURSDAY, NOVEMBER 9, 1967

U.S. SENATE,
COMMITTEE ON ARMED SERVICES,

Washington, D.C. The committee met, pursuant to notice, at 10:35 a.m., in room 212,

d Senate Office Building, Senator Richard B. Russell (chairman) besiding.

Present: Senators Russell, Stennis, Symington, Ervin, Inouye, urd, Jr., of Virginia, Smith, Thurmond, and Tower. Also present: William H. Darden, chief of staff; T. Edward Bras. 1, Jr., and Gordon T. Nease, professional staff members; Charles Kirbow, chief clerk; and Herbert S. Atkinson, assistant chief clerk. Chairman RUSSELL. The first two bills on the agenda of the comittee this morning are bills in which Senator Ervin has a special erest. H.R. 12910 would establish a Judge Advocate General's orps in the Navy. In the last Congress Senator Ervin introduced rreral bills on the subject of military justice, one of which would ve established a Judge Advocate General's Corps in the Navy. Again this year, Senator Ervin introduced a comprehensive bill paling with military justice, S. 2009, which has as one of its purposes e creation of a Judge Advocate General's Corps for the Navy. The other bill, S. 1036, would make it unlawful for a member of · Armed Forces to coerce or attempt to coerce any other member the Armed Forces to purchase bonds or to make donations. Bills H.R. 12910 and S. 1036 follow:)

(H.R. 12910, 90th Cong., first sess.) AN ACT To establish a Judge Advocate General's Corps in the Navy, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of

erica in Congress assembled, That chapter 47 of title 10, United States Code, is ended as follows: 1) Section 801 (11) is amended to read as follows: "(11) 'Law specialist' means a commissioned officer of the Coast Guard desigied for special duty (law).” 2) The following new clause is added at the end of section 801: "(13) ‘Judge advocate' means an officer of the Judge Advocate General's Corps ithe Army or the Navy or an officer of the Air Force or the Marine Corps who is signated as a judge advocate.” 3) Section 806(a) is amended by deleting the first sentence and inserting the Jowing sentences in place thereof: "The assignment for duty of judge advocates of the Army, Navy, and Air orce and law specialists of the Coast Guard shall be made upon the recommendaon of the Judge Advocate General of the armed force of which they are members. he assignment for duty of judge advocates of the Marine Corps shall be made by rection of the Commandant of the Marine Corps.”

(1)

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(4) Section 815(e) is amended by striking out the words “Army or Air Force, & law specialist of the Navy” in the last sentence and substituting in place thereo the words “Army, Navy, Air Force, or Marine Corps”.

(5) Section 827(b)(1) is amended by striking out the words “or the Air Force or a law specialist of the Navy or” and inserting in place thereof the words, “Navy Air Force, or Marine Corps or a law specialist of the”.

(6) Section 865(c) is amended by striking out the words “or the Air Force, : law specialist of the Navy" and inserting in place thereof the words “ Navy, Ai Force, or Marine Corps”.

(7) Section 936(a)(i) is amended by deleting the words "and the Air Force' and inserting in place thereof the words ", Navy, Air Force, and Marine Corps”

SEC. 2. Chapter 513 of title 10, United States Code, is amended as follows: (1) Section 5148 is amended

(A) by amending the catchline to read: “$ 5148. Judge Advocate General's Corps: Office of the Judge Advocate General

Judge Advocate General; appointment, term, emoluments, duties”; (B) by redesignating subsections (a), (b), and (c) as subsections (b), (c) and (d), respectively, and inserting the following new subsection: “(a) The Judge Advocate General's Corps is a Staff Corps of the Navy, and shall organized in accordance with regulations prescribed by the Secretary o the Navy."'; and

(C) by striking out, in subsection (b) as redesignated, in the third sentence the word "officers” and inserting in place thereof the words “judge advocates' (2) Section 5149 is amended to read as follows: $ 4149. Office of the Judge Advocate General: Deputy Judge Advocate General

Assistant Judge Advocates General “(a) A judge advocate of the Navy or Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title shall he detailed as Deputy Judge Advocate General of the Navy. While so serving he is entitled to the rank and grade of rear admiral (upper half) or major general, as appropriate, unless entitled to a higher rank or grade under another provision of law. The Deputy Judge Advocate General is entitled to the same privileges of retirement as provided for chiefs of bureaus in section 5133 of this title.

“(b) An officer of the Judge Advocate General's Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title shall be detailed as Assistant Judge Advocate General of the Navy. While, so serving he is entitled to the rank and grade of rear admiral (lower half), unless entitled to a higher rank or grade under another provision of law. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of rear admiral (lower half). If he is retired as a rear admiral, he is entitled to retired pay in the lower half of that grade, unless entitled to higher pay under another provision of law.

"(c) A judge advocate of the Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 4158(b) of this title shall be detailed as Assistant Judge Advocate General of the Navy. While so serving he is entitled to the rank and grade of brigadier general, unless entitled to a higher rank or grade under another provision of law. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of brigadier general. If he is retired as a brigadier general, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law.

“(d) When there is a vacancy in the Office of the Judge Advocate General, or during the absence of disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases.

“(e) When subsection (d) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the Assistant Judge Advocates General, in the order directed by the Secretary of the Navy, shall perform the duties of the Judge Advocate General.”.

(3) The analysis is amended by amending the items relating to sections 5148 and 5149 to read as follows:

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**. Judge Advocate General's Corps: Office of the Judge Advocate General; Judge Advocate General;

appointment, term, emoluments, duties. 19. Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates

General." SEC. 3. Section 5404 of title 10, United States Code, is amended by adding the Lowing new subsection at the end thereof:

"(c) The Secretary of the Navy, as of Janaury 1 of each year, shall establish the thorized strength of the active list of the Navy in officers in the Judge Advocate Ineral's Corps. SEC. 4. Section 5508(b) of title 10, United States Code, is amended

(1) by inserting the following new clause after clause (5): “(6) Officers in the Judge Advocate General's Corps,”;

(2) by renumbering clauses (6), (7), and (8) as clauses "(7)”, “(8)”, and “(9)”, respectively. Sec. 5. Chapter 539 of title 10, United States Code, is amended as follows: (1) The following new section is added after section 5578: 5578a. Regular Navy; Judge Advocate General's Corps "(a) Original appointments to the active list of the Navy in the Judge Advocate neral's Corps may be made from persons who

“(1) are at least twenty-one and under thirty-five years of age;

"(2) are graduates of an accredited law school or are members of the bar of a Federal court or the highest court of a State; and

"(3) have physical, mental, and moral qualifications satisfactory to the Secretary of the Navy. Ir the purposes of determining lineal position, permanent grade, seniority in

manent grade, and eligibility for promotion, an officer appointed in the Judge Livocate General's Corps shall be credited with the amount of service prescribed the Secretary of the Navy, but not less than three years. |"(b) Under such regulations as the Secretary of the Navy may prescribe, pointments to the active list of the Navy in the Judge Advocate General's rps may be made from officers of the Navy, including the Naval Reserve, in

line or in another staff corps. Notwithstanding any other law, an officer pointed under this subsection shall have a running mate assigned to him under zulations to be prescribed by the Secretary of the Nayy.” (2) Section 5587(c) is amended by striking out “law,”. (3) The following new section is added after section 5587: 5587a. Regular Marine Corps: judge advocates "(a) With the approval of the Secretary of the Navy, any officer on the active

of the Marine Corps who is qualified under section 827 (b) of this title may, pon his application, be designated as a judge advocate. "(b) For the purposes of determining lineal position, permanent grade, seniority permanent grade, and eligibility for promotion, a person appointed to the tive list of the Marine Corps with a view to designation as a judge advocate ay be credited with the amount of service prescribed by the Secretary of the avy, but not more than three years.”' (4) Section 5600(b) is amended

(A) by adding at the end of clause (1) the words “(D) Judge Advocate General's Corps-3 years;'';

(B) by striking out clause (2); and

(C) by renumbering clause (3) as clause (2). (5) The following new items are inserted in the analysis: 58a. Regular Navy: Judge Advocate General's Corps." sia. Regular Marine Corps: judge advocates.' SEC. 6. Section 5762 of title 10, United States Code, is amended as follows: (1) Section 5762(d) is amended by inserting the words "Judge Advocate eneral's Corps,” after the words “Medical Corps,”. 2) The following new subsection is added at the end: " (f) The Secretary shall furnish the appropriate selection board convened der chapter 543 of this title with the number of officers that may be recomended for promotion to the grade of captain or commander in the Judge Advoite General's Corps. This number, determined by the Secretary as of the date e selection board is convened

“(1) may not exceed the total number of officers of the Judge Advocate General's Corps in the promotion zone for the grade concerned;

and “(2) may not be less than the product of the number of officers of the Judge Advocate General's Corps in the promotion zone and a fraction, of which the numerator is the number of male line officers, not restricted i the performance of duty, placed upon the promotion list pursuant to th report of the comparable board for the selection of line officers convened in the same fiscal year, and the denominator is the number of male line officers not restricted in the performance of duty, in the promotion zone considered

by that board.' SEC. 7. Section 202 of title 37, United States Code, is amended as follows:

(1) Subsection (g) is amended by inserting the words “or as Deputy Judg Advocate General of the Navy,” after the word “Navy”. (2) Subsection (h) is amended

(A) by striking out “or” at the end of clause (6);
(B) by redesignating clause (7) and clause (8); and

(C) by adding immediately after clause (6) a new clause as follows: (7) Deputy Judge Advocate General of the Navy; or”.

(3) Subsection (i) is amended by striking out clause (3) thereof and by renum bering clauses (4) and (5) as clauses (3) and (4), respectively.

(4) The following new subsection is added at the end: “(k) Unless appointed to a higher grade under another provision of law, ar officer of the Navy or Marine Corps serving as Assistant Judge Advocate Genera of the Navy is entitled to the basic pay of a rear admiral (lower half) or brigadie. general, as appropriate.”

SEC. 8. (a) In this section “law specialist” means a line officer on the active or retired list of the Regular Navy or the Naval Reserve designated for specia duty (law) or a line officer of the Naval Reserve assigned a numerical designatoil indicating a special duty officer (law).

(b) All law specialists in the Navy are redesignated as judge advocates in the Judge Advocate General's Corps of the Navy. Each law specialist of the Navy who is on a promotion list on the day before the effective date of this Act shall be placed on the appropriate promotion list for the Judge Advocate General's Corps and shall be eligible for promotion when the officer who is to be his running mate in the next higher grade becomes eligible for promotion in that grade. All provisions of title 10, United States Code, not inconsistent with this Act, relating to officers of the Medical Corps of the Navy shall apply to officers of the Judge Advocate General's Corps of the Navy.

SEC. 9. Nothing in this Act shall operate to terminate or reduce the term of an officer who was serving as Deputy and Assistant Judge Advocate General of the Navy on the day before the effective date of this Act or to deprive him of the rank, pay, allowances, or retirement privileges to which he was then entitled. Notwithstanding any other provision of law, an officer who was so serving on the day before the effective date of this Act shall be deemed to be detailed as Deputy Judge Advocate General, pursuant to section 5149 of title 10, United States Code, as amended by this Act, and, in addition to rights and benefits then accrued, to be entitled to the rank and retirement benefits authorized by that section. For the purposes of determining his eligibility for the retirement benefits authorized by section 5149 of title 10, United States Code, as amended by this Act, an officer who is serving as Deputy Judge Advocate General on the effective date of this Act shall be credited with all service performed under appointment or detail as Deputy and Assistant Judge Advocate General before the effective date of this Act.

Sec. 10. This Act does not affect rights accrued, duties matured, or proceedings commenced before its effective date.

SEC. 11. Notwithstanding any other provision of law, all provisions of law applicable to a male officer in the Judge Advocate General's Corps of the Navy, including the Naval Reserve, are applicable to a woman officer in that corps.

Passed the House of Representatives October 2, 1967.
Attest:

W. PAT JENNINGS, Clerk.

(S. 1036, 90th Cong., first sess.) A BILL To protect members of the Armed Forces of the United States by prohibiting coercion in the

solicitation of charitable contributions and the purchase of Government securities Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. It shall be unlawful for any commissioned officer, as defined in section 101, title 10, United States Code, or any member of the Armed Forces

ting or purporting to act under his authority to coerce, or attempt to coerce, py member of the Armed Forces to invest his earnings in bonds or other obligalons or securities issued by the United States or any of its departments or agentes, or to make donations to any institution or cause of any kind: Provided, howwer, That nothing contained in this subsection shall be construed to prohibit any ipommissioned officer or any member of the Armed Forces acting or purporting to et under his authority from calling meetings or taking any action appropriate to ford to any member of the Armed Forces of the United States the opportunity pluntarily to invest his earnings in bonds or other obligations or securities issued

the United States or any of its departments or agencies, or voluntarily to luke donations to any institution or cause of any kind.

SEC. 2. Any commissioned officer as defined in section 101, title 10, United hates Code, or any member of the Armed Forces acting or purporting to act der his authority who willfully violates any of the provisions of this Act, shall punished as a court-martial may direct.

Chairman RUSSELL. The Chair understands that Senator Ervin esires to make a brief statement before the witnesses on these bills ire heard, and accordingly he is glad to recognize Senator Ervin at is time.

(The prepared statement and accompanying material submitted hr Senator Ervin follow :)

STATEMENT OF SENATOR SAM J. ERVIN, JR., OF NORTH CAROLINA Mr. Chairman, I am pleased to have an opportunity to make a short statement support of the two bills which are the subject of today's hearings. I am greatly terested in both pieces of legislation-S. 1036, which † introduced as a result of lomplaints received by the Constitutional Rights Subcommittee; and H.R. 12910, hich I first introduced in substantially the same form in 1963, also after extensive udy by the Constitutional Rights Subcommittee. Creation of a Judge Advocate General's Corps for the Navy was the subject of subcommittee hearings in 1962 and joint hearings between the Subcommittee and . ad hoc committee of the Armed Services Committee in 1966. The purpose of 1.R. 12910, as well as its companion bill in the Senate and identical measures hich I introduced in earlier Congresses, is to transform the present organization

Navy law specialists into a corps similar to that which has existed for many cars in the Army. Our investigations have conclusively shown that this reorganipation is imperative if the Navy is to fulfill its increasing responsibilities under the niform Code of Military Justice. Creation of a corps is long overdue. This need was first recognized in studies compiled more than twenty years ago; and in 1955, the Hoover Commission ported to Congress on legal services in the government, beginning its discussion i military lawyers with these words:

“A. JUDGE ADVOCATE GENERAL'S CORPS “A Judge Advocate General's Corps should be established in the Navy similar to other Navy staff corps but paralleling the Army Judge Advocate General's Corps and the Air Force Judge Advocate General's Department. The morale of fficers in the Navy legal service is low, due largely to the practice of categorizing Savy lawyers as ‘restricted line officers', and denying them opportunity to attain Rag rank or to belong to a professional corps. Other professions in the Navy have their staff units, such as physicians, dentists, civil engineers, and chaplains. The only way in which a strong professional spirit can be regained by lawyers in the Navy, with consequent benefit to the service, is by establishing a staff corps for Savy officers whose primary duties shall be legal. It is particularly important that the Judge Advocate General and his assistants be selected from that corps.”

The studies of the Constitutional Rights Subcommittee in 1962 and 1966 confirm that these conclusions are still valid and that the need for this reorganization persists.

This legislation has been endorsed by the Department of Defense, the Navy Department, and Admiral Hearn. To my knowledge, there is no opposition.

The bill passed by the House is essentially the same as Title II of S. 2009, legisation which I introduced earlier this year. Title II, in turn, was drafted with the close cooperation of the Navy. The differences between the two measures are de

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