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Mr. KITCHIN. That wouldn't take care of the man that is already out and has in his hand an undesirable discharge. In the future a change in the policy would keep this thing from hanging in the future but it wouldn't help the boys who are in difficulty now.

Mr. STEVENS. That is right.

Mr. DOYLE. Mr. Kennedy, would you tell us very briefly about your distinguished associate, Judge Finn and then, Judge, I am going to limit you to 10 minutes.

Mr. KENNEDY. Mr. Chairman and gentlemen of the subcommittee, Mr. Finn is a distinguished member of the bar of the State of Massachusetts and also the United States Supreme Court and the local courts. He is a veteran of World War II. During that time he served with distinction in the Navy and, being an attorney, he was assigned considerable work and duties having to do with the Code of Military Justice, trials and one thing and another.

Then back in 1948 and 1949, the American Legion started a study of the problems, attendant to the code and the then commander of the Legion saw fit to assign to Mr. Finn a considerable amount of work and detail and for many years he has made an intensified study.

That, plus his personal experience in the military, and his continued interest in the intervening years, we feel qualifies Mr. Finn very well for the task. And then at the 1955 national convention a resolution was passed authorizing the incoming national commander to appoint a 3-man committee to study this problem and Mr. Finn came up and appeared before Congressman Brooks' subcommittee approximately 11 or 12 months ago-a subcommittee of this distinguished committee.

Then when Mr. Dan Daniel, our current national commander, was elected last September, he renewed this same committee. Mr. Franklin Riter of Colorado and Mr. Matheny of Detroit and Mr. Finn. I think Mr. Finn has quite a background. You know Mr. Finn personally and you know of his work and I think he is very well qualified to appear and help you out. He is here in the spirit of cooperation at your invitation to help in any way we can.

In addition to what Mr. Stevens said, I want you to know that at any time our office at 1608 K Street can be of help to you, especially in connection with your rehabilitation claims-and I know you get many of them from your constituents-we are at your service. Mr. DOYLE. Thank you very much.

Judge Finn, we are pleased to have you here.

Mr. FINN. I would like, if I may, to supplement what Mr. Stevens has said. I am not going to touch, if I can help it, on the particular subjects upon which he commented, here, and which are included

in his statement.

I should like to have the opportunity to submit a written statement within the next day or two.

Mr. DOYLE. We will be glad to have it.

Mr. FINN. I would like to make a few extemporaneous remarks. I was most interested to hear the comments just made about the guiding influence, let us say, of a commanding officer. Because, in this report which we filed for the American Legion at its convention last year at Los Angeles, we have commented at great length on that subject. We have pointed out that many of the difficulties which arise today with which we are concerned now are because of the

fact we have a new type of Army, Navy, Marine Corps, et cetera, in that we do not have the oldtime officer and we do not have the old bachelor who is serving in the service the way that we formerly did. Today we have family men. Their obligation and situation in life certainly affect the discipline of the service.

I would like to incorporate in this report on the Uniform Code of Military Justice, because I don't believe that anyone can really understand what their committee is driving at unless he has considered many of the matters which are not strictly pertinent to the point but which, in the last analysis, are pertinent because you must know, I believe, the entire background in order to appreciate the difficulties with which you are confronted here, today.

Incidentally, a copy of that report has been given to every Senator and Congressman.

Mr. BLANDFORD. Are there any graphs or pictures in that document? Mr. FINN. None. Just blank prose and I hope understandable. (The document referred to is as follows:)

86066 0-57-No. 38- -10

[merged small][merged small][graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small]

REPORT OF THE SPECIAL COMMITTEE

on the

UNIFORM CODE OF MILITARY JUSTICE AND THE UNITED STATES COURT OF MILITARY APPEALS

To J. Addington Wagner, National Commander, The American Legion, and to the Delegates Assembled in the 38th Annual National Convention of The American Legion held at Los Angeles, California, September 3-6, 1956.

The Special Committee created pursuant to Resolution No. 172 adopted at the 37th Annual Convention of The American Legion, held at Miami, Florida, October 10 through 13, 1955, submits herewith its report:

CREATION OF THE COMMITTEE AND MEMBERSHIP

Resolution No. 172 adopted at the 37th Annual Convention of The American Legion held at Miami, Florida, October 10 through October 13, 1955, directed the National Commander to appoint a committee of lawyers to:

1. Conduct a survey of the operation of the code since enactment to determine whether amendment thereof is desirable or necessary and, if so, to recommend to the next National Convention of The American Legion such necessary and proper amendments; and

2. To investigate and report to said National Convention its findings as to the complaints and charges made, and amendments to the code suggested, by military and naval personnel and establishments with the view to determining the truth or accuracy of the charges, the validity of all complaints and the necessity for amendments suggested or recommended by these sources; and

3. To investigate, and report to said National Convention its findings as to, the work of the United States Court of Military Appeals for the purpose of ascertaining its effectiveness in carrying out the spirit and the letter of the Uniform Code of Military Justice.1

The committee was to investigate the operation of the Uniform Code of Military Justice, and of the Court of Military Appeals.2

Pursuant to the authority thus vested in the National Commander by said resolution he, on December 16, 1955, appointed the following named members of The American Legion to membership on said committee:

Franklin Riter, Salt Lake City, Utah, Chairman
John J. Finn, Alexandria, Virginia

Carl C. Matheny, Detroit, Michigan

Each member of the committee has been in the active practice of law for a great number of years and is now engaged in the active practice of law. Messrs. Riter and Finn participated in and represented The American Legion in the legislative processes preceding the enactment of both the Elston Act and Uniform Code of Military Justice.

MEETINGS OF THE COMMITTEE AND ITS PROCESSES

The National Commander convened the committee at Indianapolis, Indiana, on February 23 and 24, 1956. At said meeting the committee agreed upon methods and means of conducting its investigation and perfected arrangements for internal organization of the committee making division of labor among the committee membership. It was agreed that it would be necessary to conduct interviews with offi

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