After a particular re-enlistee had taken his clothing and departed, the receipt would be returned to the petty officer in charge. At this point, additional items of clothing, not requisitioned by the particular individual, and not previously entered on the receipt, would be entered thereon, together with the unit price of the new items, and a total price, including both the price of the items actually received by the re-enlistee and the price of the items illegally entered on the receipt, would be entered. This procedure resulted in making the items illegally entered on the receipt surplus stock, and these items were then sold to cash customers. Cash received in this manner was not "rung up" on the cash register, but was divided among the accused and pocketed. The above evidence supported the allegations of "cheating" as set forth in the specification under Charge II, but did not support the allegations in either specification under Charge I that the accused delivered clothing to "H" and "W" respectively, one overcoat less than the amount of clothing for which they received a receipt. In view of the foregoing, the finding on that part of specification 1 of Charge I which alleged "one overcoat and," and the finding on specification 2 of Charge I, and the action of the convening authority thereon were set aside (Cf. File: Carter, Fields, Fox/A17-20, approved 10 July 1947.) (File: Conrey, Roy Edward/A17-20, 20 Nov. 1947.) Use of Government-owned vehicles by naval personnel for unofficial purposes. The Chief of Naval Personnel set forth specific questions, all concerning the application of statutory penalties for the use of Government-owned passenger vehicles by officers and enlisted men of the U. S. Navy for other than official purposes. The Act of Aug. 2, 1946 (60 Stat. 810; 5 U. S. C. 78) restricts the use of Government-owned passenger motor vehicles or aircraft to official purposes, and provides, in pertinent part: "Any officer or employee of the Government who wilfully uses or authorizes the use of any Government-owned passenger motor vehicle or aircraft, or of any Government-owned passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the department concerned, without compensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant." Although the Act of August 2, 1946, became part of the permanent general statutory law on August 2, 1946, substantially the same prohibition and punishment had been placed in effect by Congress previously. The Act of June 27, 1944 (58 Stat. 361, 384), a part of the Independent Offices Appropriation Act, 1945, contains a prohibition and punishment substantially the same as that of the Act of August 2, 1946, quoted above. Court-Martial Order No. 3, 1945, page 107, held that an enlisted man of the Navy, Marine Corps or Coast Guard, who unlawfully used for a non-official purpose a passenger-carrying motor vehicle which was owned by, or leased to, the United States was not subject to the summary-removal-from-office provision contained in the Act of June 27, 1944, but was subject to disciplinary action, under the laws and regulations for the government of the Navy. In Court-Martial Order No. 8, 1945, page 351, where an opinion was requested as to whether an officer of the Navy, Marine Corps or Coast Guard, or their respective components, while on active duty, is an officer of the Government within the meaning of the Act of June 27, 1944, the Judge Advocate General, in view of the conflict between the punishment provided in the Act of June 27, 1944, and that provided by the Articles of War and the Articles for the Government of the Navy, stated “* * * it may well be concluded that the problems involved in the discipline of military personnel are so different from those arising in the discipline of non-military personnel as to preclude the encroachment (without specific Congressional authority) of the penalty of such a statute on a separate body of law peculiarly appropriate and long recognized as essential to the armed forces." In view of the foregoing, it was considered that the penalty provisions contained in the Act of August 2, 1946, did not apply to members of the naval service. Punishment for the unauthorized use of government-owned passenger vehicles may and should be inflicted upon such personnel by disciplinary action pursuant to the provisions of Articles for the Government of the Navy. (File: JAG: II: EAJ : ap, 18 Feb. 1948.) JOHN NICHOLAS BROWN, Acting Secretary of the Navy. WASHINGTON, D. C., 9 March 1948. Allowances: Per diem: officer given temporary additional duty at naval Appeals: Findings of retiring board: Retiring Review Board...... Legal name on commissions in U. S. Navy and Naval Re- Articles for the Government of the Navy: Art. 36: House of Correction as "State penitentiary". Automobiles: Government-owned: Traffic violations by naval personnel: local police regu- 59 81 Board for the Correction of Naval Records: Jurisdiction: Change character of dismissal issued pursuant to sen- Issue certificates of satisfactory service....... Burglar alarms: Electric protective system; installation____ 51 Candidates: Naval Academy: expiration date of proviso clause of sec. Certificates of satisfactory service: Issuance: jurisdiction of Board for the Correction of Naval Charges and specifications: "Polygamy": specific charge to be preferred.. 68 Cheating: "Scandalous conduct tending to the destruction of good 79 Checkage of pay: Rent and utilities of Navy rental housing: authorization to Citizenship: PAGE 45 Evidence of, discrepancy: effect on legal name for appoint- 58 Commissions: Legal name: effect of discrepancy in evidence of citizen- 58 Convening authority of courts martial: Reconvening for reconsideration of findings and sentence, Corrections: See Board for the Correction of Naval Records. Disability: Permanent incapacity: compensation: Naval Reserve Offi- Dismissal: Officer, by sentence of general court martial: change in Documentary evidence: Introduction to reviewing authority after having been found Double salaries: Officer or employee of the United States, on active or in- Duty: Temporary additional, at naval activity contiguous to same Electric protective system: Installation; legality-- Embezzlement: Duplication: "Neglect of duty". Embezzling money of the United States intended for the naval Specifications duplicitous: allegations of acts each suffi- Enlisted men: Double salaries: employment by a veterans' organization.. Documentary. (See Documentary evidence.) PAGE 41 68 Funeral benefits: Members of Naval Reserve Officers' Training Corps-----General court martial: Jurisdiction: offenses: "Polygamy". Having custody of property of the United States, furnished for the naval service thereof, knowingly delivering to a person having authority to receive the same, an amount less than that for which he received a receipt: Failure to support allegations-- Hearsay evidence: Statements made by witness in presence of accused; admissibility. Hospitalization: Members of Naval Reserve Officers' Training Corps---House of Correction: 41 "State penitentiary" within meaning of Art. 36, A. G. N___ 55 Housing: Naval: rent and utilities: checkage of pay. 45 Jurisdiction: Board for the Correction of Naval Records: Change character of dismissal issued pursuant to Issuance of certificates of satisfactory service. _. General court martial: offense of polygamy-- Retiring Review Board: record of proceedings of retiring board.... 60 Lesser included offenses: "Scandalous conduct tending to the destruction of good morals" under "Polygamy". Legal: appointment in U. S. Navy or Naval Reserve: effect of discrepancy in evidence of citizenship...- 58 Naval Academy: Candidates: expiration date of proviso clause in sec. 2 of 43 Naval Reserve: Officers: pay for participation in organized reserve drill 64 Status of members of Naval Reserve Officers' Training Corps as members of.. 41 Naval Reserve Officers' Training Corps: Medical, hospital and funeral benefits: status as members of the Naval Reserve_ 41 |