DEPOSITED BY THE UNITED STATES OF AMERICA Absence: Court-Martial Orders, 1948 [References are to volumes and page numbers] From station and duty after leave had expired: Lesser included offense of "Desertion" irregular. 10, 285. Proper charge "Absence from station and duty without leave." 5, 155. From station and duty without leave: proper charge: absence continuing afterexpiration of leave. 5, 155. Unauthorized: Commencement: date accused failed to comply with orders. 8, 231. Expiration of enlistment during: separation from naval service not effected. 10, 286. Absent from station and duty after leave had expired: Charge not specifically provided for. 8, 238. Accused: Rights of: opportunity to make statement. 8, 235. Inconsistent: whether constitute offense of "Falsehood." 7, 227. Acquittal: Approval of finding of, by convening authority improper. 5, 158. Act of August 2, 1946: Section 34: permanent legislation. 5, 175. Judicial: made by counsel for accused: assent of accused to be shown. 10, 285. Advances: Pay to officers: on shore duty within continental United States ordered to Commander Air Forces Atlantic or Commander Fleet Air, West Coast, for further assignment. 5, 155. Affray: Duplication: "Conduct to the prejudice of good order and discipline." 5, 157. Alien: Enemy: resident of territory of United States during occupation by enemy forces: treason. 9, 280. Allowances: Family: payments to wife continued erroneously: checkage of pay. 1, 4. Per diem: officer given temporary additional duty at naval activity contiguous to same city. 2, 65. Rental: occupancy of contract rental housing by naval personnel without forfeiture of. 12, 339. American Red Cross: Rations, payment: furnished by naval activity to evacuees during hurricanes. 1, 30. American Samoa: Employees: applicability of Employees' Compensation Act. 11, 322. Appeals: Decision of Board of Decorations and Medals to Judge Advocate General. 1, 2. Appointments: Commissions in U. S. Navy or Naval Reserve: legal name: effect of discrepancy in evidence of citizenship. 2, 58. Temporary officers: discharge in highest temporary enlisted rank prior to acceptance. (1) Appropriations. Patent right, use for. 5, 175. Arguments: Improper: judge advocate: acquittal to be justified. 5, 158. Armed Forces Leave Act of 1946: Compensation for leave carried over from retirement to active duty and subsequent release. 8, 252. Leave during waiting period preceding retirement. 5, 170. Army: Nurse Corps: service in, in computing length of service in Navy Nurse Corps for longevity pay and retirement purposes. 5, 183. Officers: physical examinations for promotion of naval officers conducted by: Board of Army-Navy-Public Health Service Medical Officer Procurement Act of 1947: Extra compensation: Naval Reserve officers of the Medical Corps. 6, 208. Retired medical officers returned to active duty. 4, 140. Arrests: Officers: delay in report to commanding officer. 8, 232. Articles for the Government of the Navy: Art. 8 (13): shore station as a "vessel". 10, 301. Art. 36: House of Correction as "State penitentiary". 2, 55. Conflict with the act providing for suspension from duty: unauthorized use of Government-owned vehicles by naval personnel. 2, 81. Assaulting another person in the Navy: Duplication: "Scandalous conduct tending to the destruction of good morals". 10, 310. Assaulting his superior officer while in the execution of the duties of his office: Duplication: "Attempting to strike his superior officer while in the execution of the duties of his office" and "Threatening to strike his superior officer while in the execution of the duties of his office". 5, 160. Assault with intent to commit sodomy: Duplication: "Scandalous conduct tending to the destruction of good morals". 3, 122. Assignments: Pay: enlisted men: payment of private debts. 6, 192. Athletic teams: Naval Reserve units: medical and other benefits while participating. 10, 298. Attempting to break arrest: "Conduct to the prejudice of good order and discipline" the proper charge. 5, 158. Attempting to steal: "Scandalous conduct tending to the destruction of good morals" the proper charge. 8, 257. Attempting to strike his superior officer while in the execution of the duties of his office: Duplication: "Assaulting his superior officer while in the execution of the duties of his office" and "Threatening to strike his superior officer while in the execution of the duties of his office". 5, 160. Attempts: Theft: accused guilty of theft where goods found in his possession. 8, 257. Attorneys: Patent: officers or civil employees of the Navy: private practice, engaging in. 12, 343. Automobiles: Government-owned: Traffic violations by naval personnel: local police regulation requiring bail or appear ance in court. 2, 59. Unauthorized use by naval personnel: application of act providing for suspension Automobles-Continued Theft in foreign country, while intoxicated: "Conduct to the prejudice of good order and discipline" the proper charge. 1, 35. Board for the Correction of Naval Records: Jurisdiction: Assign new running mates to members of the staff corps. 9, 261. Change character of dismissal issued pursuant to sentence of general court martial. 2, 39. Change lineal lists. 12, 329. Issue certificates of satisfactory service. 2, 39. Promote officer to higher rank to correct an injustice. 9, 261. Review officer's case voluntarily retired and retired on account of physical disability. 10, 304. Board of Decorations and Medals: Retirement to rank of next higher grade denied: appeal to Judge Advocate General. 1, 2. Board of Medical Examiners: Physical examination for promotion of naval officers conducted by Army officers. 8, 255. Boards of Investigation: Effect of determination under Missing Persons Act upon former findings of. 1, 14. Breaking arrest: "Desertion": separate and distinct offenses. 5, 157. Failure of service record to show accused was prisoner at large. 8, 235. Officers: report of arrest not made to commanding officer. 8, 232. "Unauthorized absence": alleged in same specification. 8, 235. Bribery: Testimony that bribee had been convicted of accepting the bribe involved. 8, 249. Buildings: Gift to Navy by civilian employee organizations and associations: acceptance by Secretary of the Navy. 3, 113. Burglar alarms: Electric protective system; installation. 2, 51. Burglary: Specification to contain allegation of violations of all elements. 5, 158. Candidates: Naval Academy: expiration date of proviso clause in section 2 of the Act of December 11, 1945. 2, 43. Captains: Temporary; reduced to rank of commander; reselection for captain. 3, 112. Certificates of satisfactory service: Issuance: jurisdiction of Board for the Correction of Naval Records. 2, 39. Changes: Precept: authority of Secretary of the Navy to change court and location. 11, 325. Charges and specifications: Additional charge to be specifically named and set forth. 6, 210. Additional specification, incorrect procedure. 7, 219; 7, 221. Changes in substance: consent of convening authority necessary. 9,279. Charge: Multiplicity: one intent accompanying more than one charge. 5, 160. Not specifically provided for "Absent from station and duty after leave had expired." 8, 238. Duplication: theft, property of two persons. 1, 36. General charge to be preferred where no specific charge is provided for by Naval Courts "Countenancing a brand in violation of Article 14 of the Articles for the Government of the N177" 1 “Scandalous conduct tending to the infraction of good mrk.” 1,34. Date of offense ("Embezzlement" and "Detaining mail matter”). 9, 271. the lawful order of his superior officer." 6, 138. Falsehood; false representations to be made officially. 8. 245. Time at which offense was committed not alleged. 8. 235. Specification laid under wrong charge: "Unauthorized absence" rather then “Desertion": (accused confined by civil authorities). 12, 332. Specification to be laid under more appropriate charge: "Absence from station and duty without leave" rather than "Absence from station and duty after leave had expired." 6, 155. Specification numbered with roman numerals. 9, 279. Cheating: "Scandalous conduct tending to the destruction of good morals" the proper charge. 2,79. Checkages of pay: Damage to Government quarters occupied by naval and civil personnel. 12, 352. Chief of Naval Personnel: Reduction in rating as administrative act: personnel enlisted or reenlisted in higher grade than that in which discharged. 5, 177. Childrent Witnesses: failure to be sworn. 1, 11. China: Civilians: claims for death or injury: effect of contributory negligence. 7, 223. Civilian employment in officers' club or mess: Defense Base Act; applicability. 5, 161. Circumstantial evidence: Conspiracy; proof of. 8, 242. Citizenship: Acquisition of Philippine: effect on eligibility for membership in Naval Reserve. 5, 172. Acquisition of Soviet: effect on eligibility for membership in Naval Reserve. 5, 172. Desertion: subsequent return to active duty and bad conduct discharge; effect on citizenship. 9. 274. Evidence of, discrepancy: effect on legal name for appointment in U. S. Navy or Naval Reserve. 2. 58. Naval Reserve: loss of American citizenship; effect. 5, 172. Civil establishment: Dual employment: private patent attorney practice. 12, 343. Civilians: Employees of: American Samoa: applicability of Employees Compensation Act. 11, 322. Officers' club or mess in China or other foreign country: Defense Base Act: applicability. 5, 161. Not employed by Government: injury or death resulting from firefighting on naval station: responsibility of Government. 3, 105. Claims: Against naval and civil personnel: damages to government-owned quarters. 12, 352. Damage to property: failure to allege prima facie case of negligence. 8,246. Foreign: (See Foreign Claims Commission.) Claimant as inhabitant of foreign country: member of British Army on foreign station. 12, 336. Claimant's aggressive acts as proximate cause of injury. 12, 336. Compensation for loss of prospective support of claimant's deceased child. 3, 120. Payment upon decease of claimant. 3, 91. Settlement made from recreation funds. 8, 247. Leave unused: carried over from retirement to active duty and subsequent release. 8. 252. Missing Persons Act: processing and payment by Governor of Guam. 3, 103. Per diem allowance during travel on commercial air transportation. 3, 84. Clemency: Recommendation to: error: two recommendations relating to one accused where two accused tried in joinder. 10, 310. Coast Guard: Student in naval service school: discipline. 10, 291. Command Duty Officers: Assignment of Special Duty Officers as. 10, 310. Commendation: Special. (See Special commendation.) Commissions: Revocability: officers appointed under the Acts of June 27, 1942, April 18, 1946, and August 13, 1946. 4, 142. Conduct to the prejudice of good order and discipline: Duplication: "Affray." 5, 157. "Desertion" (lesser offense supporting specific intent inherent in greater offense). 4, 134. "Disobeying the lawful order of his superior officer"; language alleged was vocal manifestation of disobedience of orders. 6, 194. "Embezzlement." 9, 272. "Negligence in obeying orders." 8, 231. "Treating his superior officer with contempt"; one intent accompanying the speaking of all the words. 8, 244. Lesser included offense of "Disrespectful in language to his superior officer while in the execution of his office." 3, 88. Non-compliance of written orders: wilful intent an essential element. 7, 219; 8, 238. Proper charge rather than: "Attempting to break arrest." 5, 158. "Negligence in obeying orders": wilful disobedience to be executed in the future. 8, 235. Theft of motor vehicle in foreign country while intoxicated. 1, 35. Violation of duly promulgated order: order to be definite and positive and directed to |