In another endorsement on A's letter, the Chief of the Bureau of Medicine and Surgery states that the medical record indicates that A's injuries of 9 May 1945 were received from a plane crash during a take-off in which the plane lost a wing due to faulty material. The record designates A's injuries with the key letter "I" which is defined as, "Traumatism by aircraft. To include all traumatism, burns and falls caused by aircraft (both heavier-than-air and lighter-thanair)." It is noted that there is a key letter for "War wounds. All casualties incurred in action against an organized enemy," and that this latter key letter does not appear to have been used in A's record. The latter endorsement concludes with the following paragraph:

"2. Inasmuch as the records of this Bureau contain no information to the effect that the flight in which the subject officer was injured was a combat patrol or that it was ordered in anticipation of combat, it does not appear to this Bureau that there is any information in the medical record which would warrant a conclusion that the physical disability by reason of which the subject officer was retired was incurred in combat with an enemy of the United States or as the result of an instrumentality of war." The War Diary of A's commanding officer, under date of 9 May 1945, and as summary, includes the following entries:

"Salvaged component parts on stricken F4U-1D for VMF-441. (Ground looped and crashed while taking off.)

"One officer injured in operational crash. Was hospitalized in the Corps Evacuation Hospital number Three.

"(3) Operations.

(a) Total hours flown-352.11.

(b) Total number of individual flights-16.

(c) Number of individual flights on combat missions—none. (d) Number of individual flights on which enemy opposition

was encountered-none."

From the above quoted War Diary it would appear that A's commanding officer did not consider the crash of A's plane, and his attendant injuries, as incurred in combat with the enemy. Nothing appears in the said War Diary which can reasonably be construed as supplying the information which the quoted portion of the endorsement by the Chief of the Bureau of Medicine and Surgery contemplates as necessary to substantiate a favorable determination.

On the basis of the opinion expressed by the Chief of the Bureau of Medicine and Surgery, as supplemented by the above mentioned War Diary, which opinion appears to be supported by the facts, it is hereby administratively determined that the disability for which A was re

tired was not incurred in combat with the enemy or as a result of the explosion of an instrumentality of war within the meaning of the act of 30 June 1932, supra. (File: JAG: II: PMO : ka, 16 February 1949.)

WASHINGTON, D. C., June 11, 1949.

DAN A. KIMBALL,

Acting Secretary of the Navy.

Active duty:

Pay and allowances: officer not entitled to, on basis of cor-
rections by Board for the Correction of Naval Records__
Reentry upon, prior to making application for mustering-
out payment precludes right to apply therefor.___.
Allowances:

Subsistence: Naval Reserve Officers' Training Corps: con-
tract students: reimbursement for unused tickets or
portions of tickets....

Travel: Naval Reserve Officers' Training Corps: contract
students: reimbursement for unused tickets or portions of
tickets..

Appointments:

To statutory office does not exempt officer from operation
of applicable retirement laws: Quartermaster General of
the Marine Corps..

Appropriations:

Augmentation by transfer, without reimbursement, of prop-
erty improperly purchased from midshipmen's mess
appropriation: not permitted.

Transfer of funds between, upon disposition of surplus prop-
erty of midshipmen's mess; required___

"Welfare and Recreation, Navy": distinguished from "Wel-
fare Fund, Non-Appropriated" or "Local Recreation
Fund"..

Authority:

See Jurisdiction.

Automobiles:

See Automotive vehicles.

Automotive vehicles:

Appropriation chargeable with purchase of: to be debited
for value of, upon transfer of property purchased from
surplus funds of midshipmen's mess.-

Collision: Army jeep and automobile owned by Navy wel-
fare organization: organization not qualified as claimant
under Federal Tort Claims Act__.

Improperly purchased from surplus funds of midshipmen's
mess; proper disposition upon disestablishment of mess__

Aviation:

Aircraft, traumatism by: officer retired as result of: admin-
istratively determined not to be combat-incurred............
Cadets:

Messes:

Government messes rather than private.............
Surplus funds remain public funds and are required
to be recredited to appropriations involved....

Board of the Correction of Naval Records:

Pay and allowances, active duty: officer not entitled to, on
basis of corrections by

93

Review of original discharge proceedings: necessity of pre-
cluded by cancellation of discharge by the Secretary of
the Navy....

88

Secretary of the Navy: not authorized to direct pay and
allowances based on corrections by..............

93

Bureau of Medicine and Surgery:

Records. (See Medical Records.)

Cadets:

Aviation. (See Aviation.)

Central Navy Recreation Funds:

See Funds.

Checkages of pay:

Of secountable officer: for loss of ship's service funds
through negligence or embezzlement; authorized.....

Claims:

Federal Tort Claims Act. (See Federal Tort Claims Act.)
Travel reimbursement of contract Naval Reserve Officers'
Training Corps students for portion of travel performed
at personal expense-----

Contract:

85

79

Naval Reserve Officers' Training Corps students: reim-
bursement for portion of travel performed at personal
expense..

Corrections:

See Board for the Correction of Naval Records.

Counsel:

Discharge proceedings: right of officer to representation by,
included in "opportunity to be heard”-

88

Disability:

Physical, retirement for. (See Retirement.)
Disbursement:

Checkage of pay of accountable officer authorized for loss
of ship's service funds through negligence or embezzle-
ment...

85