Hon. CARL VINSON,
Chairman of the Committee on Naval Affairs,

NAVY DEPARTMENT, Washington, March 15, 1945.

House of Representatives.

MY DEAR MR. CHAIRMAN: The bill (S. 393) for the relief of William Kovatis, was referred to the Navy Department by your committee with request for comment and recommendation thereon.

The bill provides that William Kovatis, formerly of the United States Marine Corps, shall be entitled to medical care at Government expense at a facility of the Veterans' Administration, until a finding is arrived at by competent authority that no further improvement can be made by continued treatment for the injury sustained at the naval prison, Portsmouth, N. H., on November 3, 1941.

The bill further states that no compensation, retirement pay, back pay, pension, or benefits other than benefits provided for in the bill shall be held to have accrued prior to or subsequent to the enactment of the bill, and that nothing contained in the act shall operate to change the nature of the discharge given to William Kovatis on May 18, 1942.

The records of the Navy Department show that William Kovatis was born August 11, 1921, at Brockton, Mass., and enlisted in the Marine Corps on April 12, 1940, at Washington, D. C. He served at the Marine Barracks, Parris Island, S. C., from April 13, 1940, to June 15, 1940; and at the Marine Barracks, Naval Ammunition Depot, Hingham, Mass., from June 16, 1940, to May 15, 1941. While serving there he was tried by deck court, January 1, 1941, for absence without leave for a period of 14 hours. On April 9, 1941, while a sentry over Government property, he stole property having a value of $49 and appropriated it to his own use. He was tried by general court martial on June 12, 1941, and was sentenced to confinement for 12 months and dishonorable discharge. The confinement was served at the naval prison, Portsmouth, N. H., and he was dishonorably discharged on May 18, 1942.

While Kovatis was serving sentence, he was detailed to the prison bakery and instructed by the dutyman in charge, one John Gambole, baker first class, not to touch any switches or run any machinery. On November 3, 1941, he threw a switch which caused the agitator in the dough mixer to revolve. He then slipped on the wet floor and in an attempt to break his fall, his left wrist was crushed in the dough mixer, rendering his left hand useless.

On February 19, 1942, Kovatis satisfactorily completed two-thirds of his sentence and became eligible for discharge in accordance with his sentence. He was not discharged, however, because of his being under treatment for the above injury. On March 7, 1942, he executed the following statement in writing: "To the Commanding Officer:

"In direct disobedience of orders I stuck my left hand in the dough mixer at the naval prision on November 3 and suffered severe and mutilating injury to my left hand. I refuse to submit to any further treatment of this injury and demand my release from the naval hospital upon completion of my sentence." Kovatis was released from the hospital and returned to the prison on March 7, 1942. On March 9, 1942, he signed the following statement:

"1. On Saturday, March 7, 1942, while a prisoner in the United States naval hospital, Navy Yard, Portsmouth, N. H., Lieutenant Commander Miner, medical officer at the hospital, came down to the lockward where I was confined with a statement wrote out in longhand and he asked me to rewrite the statement (and sign it) regarding the accident I had in the prison bakeshop, stating that I had disregarded orders and put my hand in the dough mixer. He further stated that, that was the only way I could get out of the hospital, and that the senior medical officer had sent him down with the statement.

"2. I now wish to withdraw that statement made on March 7, 1942, as I only signed it in order to get away from the hospital and return to the prison."

A board of medical survey which convened at the naval hospital in Portsmouth, N. H., on April 22, 1942, recommended that Private Kovatis be discharged as unfit for service. This board found that the probable duration of his disability was permanent and that it was the result of his own misconduct, since the revolving of the agitator was the primary cause of the patient's condition. In an endorsement on the survey report, the Commandant, United States Marine Corps, on May 11, 1942, recommended to the Judge Advocate General that the man be discharged in accordance with the terms of his sentence, which was approved by the Secretary of the Navy on May 20, 1942.

H. Repts., 78-2, vol. 2- -11

The Navy Department believes that while the disobedience of orders by Kovatis was the primary cause of his injury, it appears that there were other contributing factors of an accidental nature. The fact that he refused further treatment at a time when it necessitated his being retained as a prisoner beyond his normal period of confinement should not be considered too strongly against him and preclude further needed medical treatment.

Enactment of the bill S. 393 would involve no cost to the Navy, but there would be some additional cost under appropriations of the Veterans' Administration, the extent of which would depend on how long the treatments for injury to Kovatis' hand were continued.

The Navy Department recommends enactment of the bill S. 393.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.

Sincerely yours,

JAMES FORRESTAL, Acting.

O

78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT No. 1202

LT. (JR. GR.) SVEND J. SKOU

MARCH 1, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BRADLEY of Pennsylvania, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 397]

The Committee on Naval Affairs, to whom was referred the bill (S. 397) for the relief of Lt. (Jr. Gr.) Svend J. Skou, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill is to provide that the retired pay of Lt. Jr. Gr.) Svend J. Skou, United States Navy, retired, shall be threefourths of the highest pay of his grade. Chief Boatswain Svend J. Skou was retired on December 1, 1935, upon reaching the statutory retirement age of 64 years. At the time of his retirement he had completed more than 42 years' active service, but he had only 15 years' commissioned service to his credit. He was advanced on the retired list to the rank of lieutenant (junior grade), the highest rank held by him during the World War, but without increase of pay.

The act of May 13, 1908 (35 Stat. 128; U. S. C., title 34, sec. 383), provides in part as follows:

* when an officer of the Navy has been thirty years in the service, he may, upon his own application, in the discretion of the President, be retired from active service and placed upon the retired list with three-fourths of the highest pay of his grade:

*

* *

Chief warrant officers who retire upon reaching the statutory retirement age receive retired pay at the rate of 75 percent of the activeduty pay received by them at the time of their retirement, which in some instances would be less than "three-fourths of the highest pay of his grade" paid to such officers retiring voluntarily after 30 years' service.

Had Lieutenant Skou retired voluntarily in accordance with the provisions of the act of May 13, 1908, his retired pay would be $2,700 per annum instead of $2,250 per annum. He receives less retired pay

than other chief warrant officers with much less service. In order to eliminate this discrimination, the committee recommends enactment of the bill.

The Navy Department recommended enactment of the bill S. 397 as indicated in the letter from the Secretary of the Navy addressed to the chairman, Committee on Naval Affairs, House of Representatives, which is hereby made a part of this report.

Hon. CARL VINSON,

Chairman of the Committee on Naval Affairs,

NAVY DEPARTMENT, Washington, June 3, 1943.

House of Representatives.

MY DEAR MR. CHAIRMAN: The bill S. 397, for the relief of Lt. (Jr. Gr.) Svend J. Skou, was referred to the Navy Department by your committee with request for comment and recommendation.

The purpose of the bill S. 397 is to provide that the retired pay of Lt. (Jr. Gr.) Svend J. Skou, United States Navy, retired, shall be three-fourths of the highest pay of his grade.

The records of the Navy Department show that Chief Boatswain Svend J. Skou, United States Navy, retired, was retired on December 1, 1935, in accordance with the provision of the act of January 28, 1929, as amended by the act of April 23, 1930 (46 Stat. 253), having reached the statutory retirement age of 64 years. He was advanced to the rank of lieutenant (junior grade) on the same date, December 1, 1935, in accordance with the act of June 21, 1930 (46 Stat. 793).

At the time of his retirement, Lieutenant Skou had completed more than 42 years of active service, but he had only 15 years' commissioned service to his credit for the purpose of computation of active-duty pay, He received retired pay at the rate of 75 percent of the active-duty pay he was receiving at the time of retirement, which amounted to $2,250 per year. If he had retired voluntarily before reaching the age of 64 years, in accordance with the provisions of the act of May 13, 1908 (35 Stat. 128), he would have received retired pay at the rate of 75 percent of the highest pay of his grade, or $2,700 per year. He, therefore, receives less retired pay than other chief warrant officers with much less service who were retired on their own application.

As a general policy, the Navy Department does not consider that any officer should receive greater retired pay than three-fourths of his active-duty pay at the time of his retirement. In order to eliminate the discrimination noted above, the Navy Department requested the legislation provided in S. 1529, Seventyseventh Congress, which bill passed the Senate on June 15, 1941, but failed to pass the House during that Congress.

In view of the fact that the Congress has recently enacted legislation to count all service, enlisted and commissioned, for pay purposes for practically all military and naval personnel (sec. 15, par. 4 of the Pay Act of 1942, approved June 16, 1942, Public Law 607), the Navy Department is of the opinion that a person who has completed 42 years' active service, which period has been characterized by efficiency, loyalty, and marked devotion to duty, should not receive less retired pay than other persons with much less service.

The bill, S. 397, if enacted into law, would involve an additional cost to the Government of $450, the difference between $2,250 and $2,700.

The Navy Department recommends enactment of the bill S. 397.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.

Sincerely yours,

о

RALPH A. BARD, Acting.

78TH CONGRESS 2d Session

HOUSE OF REPRESENTATIVES

{

REPORT No. 1203

AUTHORIZING THE APPOINTMENT OF GREGORY BOYINGTON A FIRST LIEUTENANT IN THE MARINE CORPS

MARCH 1, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BRADLEY of Pennsylvania, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 1427]

The Committee on Naval Affairs, to whom was referred the bill (S. 1427) to authorize the appointment of Gregory Boyington a first lieutenant in the Marine Corps, having considered the same, report favorably thereon without amendment and recommend that the bill pass.

do

The purpose of the bill is to authorize the President to appoint Gregory Boyington a first lieutenant in the Marine Corps and to give him the same rank and precedence as he held under a former commission in the Marine Corps.

The subject of the bill, Gregory Boyington, is the Marine Corps ace aviator who recently equaled the records of 26 enemy planes destroyed in combat and on the very mission on which he accomplished that feat he was reported missing.

He was born December 4, 1912, and graduated from the University of Washington. On January 9, 1936, he was appointed an aviation cadet in the Marine Corps Reserve and after completing a course of instruction he was designated a naval aviator and appointed a second lieutenant in the Regular Marine Corps on July 1, 1937. He was promoted to first lieutenant on October 21, 1940, and after serving in various aviation units he resigned from the Marine Corps on August 27, 1941, in order to join the American Volunteer Group (Flying Tigers).

While serving with the American Volunteer Group, Boyington acted as squadron commander and gained valuable combat flying experience.