headquarters, and on 5 May 1954, the case was referred for trial. However, the written advice of the staff judge advocate recommending trial by general court-martial bears the date of 6 May 1954. The trial began on 13 May 1954. Held: The accused was not materially harmed by reference of his case for trial one day prior to the submission of the staff judge advocate's written advice dealing with the charges against him since the staff judge advocate's action was affirmative in nature, recommended trial, and informed the convening authority that the evidence was sufficient to support the charges. Moreover, an interval of seven days elapsed between 6 May, the date of the written advice, and 13 May, that on which the hearing opened. This interval afforded the convening authority a sufficient opportunity to weigh his original decision in the light of the written advice received. Furthermore, no sort of motion was made at trial based on the tardiness of the staff judge advocate's advice. Accordingly any error was waived. United States v. Allen (No. 5611), 5 USCMA 626, 18 CMR 250. Staff judge advocate's advice to trial counsel as to witnesses to be called and possible defenses of accused, see ACM 8779, Ross, CRT-M § 4.3. Press release issued day prior to trial as not disqualifying staff judge advocate, see ACM 7761, Schreiber, CRT-M § 4.1. CITIZENSHIP AND ALIENS § 7. Expatriation; Loss of Citizenship § 7.51. Conviction of desertion or treason. Loss of nationality resulting from conviction by a court-martial for desertion in time of war is effective, by operation of law, upon dishonorable discharge or dismissal pursuant to sentence. Similarly, loss of nationality resulting from a conviction for treason by a court-martial, or any other court of competent jurisdiction, is effective, by operation of law, when the conviction becomes final. In neither case is further adjudication necessary to effect the loss of nationality. In both cases it would be desirable if the State Department and the Immigration and Naturalization Service were notified. (Citing subsec 401 (g) of the Nationality Act of 1940 (54 Stat 1169); act of 20 Jan 1944 (58 Stat 4); sec 349(a)(8) of the Immigration and Nationality Act (66 Stat 235, 8 USC 1401); JAGA 1947/ 10274, 26 Jan 1948; JAG 014.33, 21 Feb 1933; JAG 253.11, 14 May 1926.) JAGA 1954/5129. 29 June 1954. Civilian Personnel § 13.1 CIVILIAN PERSONNEL § 13. Compensation, Expenses, and Charges. § 19. Quarters and Housing. § 41. Retirement. § 49. Social Security and Unemployment Compensation. § 13. Compensation, Expenses, and Charges § 13.1. Generally. In August 1954 a retroactive pay increase was proposed for certain civilian marine personnel. Under sec 202 of the Classification Act of 1949 (63 Stat 954, 955, 5 USC 1082 (8)), the pay of such personnel was required to be fixed, as nearly as consistent with the public interest, in accordance with the prevailing rates and practices in the maritime industry. In the maritime industry a similar retroactive increase had been granted in the areas involved in January and April 1954. It was stated that the reason for the delay in proposing the increase for the civilian personnel was because of the time involved in conducting a survey which it was considered was required in order to determine how the compensation paid to Military Sea Transport Service employees compared with that paid to employees in similar positions in the maritime industry. It also appeared that a similar recommendation for a pay increase had been made in the fall of 1953 but it had been withdrawn before approval There is no specific authority in the action could be taken. Held: Classification Act of 1949, supra, for retroactive pay increases. However, the requirement in that law that compensation be fixed in accordance with the prevailing rates and practices in the maritime industry is authority for providing a retroactive increase in compensation when the maritime industry generally has provided The only restriction placed on for a similar increase retroactively. the authority of the Secretary of the Navy to grant an increase in compensation retroactively to correspond to an increase granted retroactively in the maritime industry is where, at the time the increase is granted in the maritime industry the Secretary of the Navy determines that it would not be in the public interest at that time to grant a similar increase to MSTS employees. In this regard, if the stated reason for the delay is correct, it is reasonable to assume that the delay was not due to a determination that such an increase would not be consistent with the public interest, but rather that the survey was required in order to determine whether the increase should be made in order to comply with the statute which requires that the compensation of MSTS employees be fixed in accordance with prevailing rates and practices in the maritime industry. Certainly, the Secretary of the Navy could not have made a determination that the increase at the time was not in the public interest since the proposal had not been submitted to him for consideration at that time. Even though it may have been submitted in the fall of 1953, as stated, it appears that request was withdrawn before the Secretary had time to consider it so it is apparent that he did not then or at any subsequent time make a determination that the adjustment was not in the public interest. Accordingly, on the above facts and if the assumptions made are correct, the retroactive action proposed may legally be taken. (Citing 30 Comp Gen 163 and 30 Comp Gen 356.) Op JAGN 1954/250. 17 September 1954. Section 9A of the Hatch Act, in effect, requires a forfeiture of all compensation due an employee at the date of his removal from the service because of a violation of its provisions. Section 301 of the 1954 appropriation act not only prohibits the payment, from funds appropriated by that act, of accrued and unpaid salary or wages, but also requires, in effect, a refund of all such funds theretofore used to pay the salary or wages of an employee found to have violated its provisions. Held that: - all of the organizations on the list of subversive organizations compiled by the Department of Justice in accordance with Executive Order 10450, 27 April 1953, do not advocate the overthrow or destruction of the government of the United States and there is no specific list of organizations that do advocate its overthrow or destruction. Accordingly, the above mentioned list should not be used as a guide in determining violations of sec 9A of the Hatch Act and the appropriations act restrictions. The Department of Justice should be consulted on an individual case basis where the question arises as to the subversive character of any particular organization. - both the appropriation act and the Hatch Act prohibitions are directed at present membership in a subversive organization and in cases where membership in such an organization had been completely severed prior to acceptance of federal employment or prior to enactment of the statutory restrictions, such restrictions are not applicable. - neither Section 9A of the Hatch Act nor the appropriation act restriction specifically precludes a lump-sum payment for leave. However, any construction of the statutory prohibitions requiring the withholding of unpaid salary and collection back of improper compensation payments, but at the same time authorizing payment for large amounts of accumulated annual leave, would produce absurd results and contravene the intent and purpose of the restrictions. Accordingly, the only reasonable construction of the restrictions is that they apply to lump-sum leave payments as well as compensation, salary or wages. MS Comp Gen B-121710, 34 Comp Gen 297. 27 December 1954, as modified by MS Comp Gen B-121710, 34 Comp Gen 434, 9 March 1955. § 13.75. Persons missing, interned, or captured. Fifteen individuals employed in Korea by the Eighth Army as interpreters and laborers were captured during 1950-51 by the Communist forces and subsequently returned to the United States control in a prisoner of war exchange. Held: If such individuals were native labor hired casually on a per diem basis, they are not entitled to the benefits of the Missing Persons Act (56 Stat 143), as amended (50 USC App 1001 et seq.; PL 16, 83d Cong (67 Stat 20)). Held also: It would be legally objectionable to confine the benefits of the Missing Persons Act, supra, to those civilian employees in Korea who held appointments prior to the outbreak of hostilities. (Citing SPJGA 1943/17181, 10 Dec 1943; JAGA 1946/8115, 19 Dec 1946; JAGA 1946/8146, 2 Jan 1947; JAGA 1948/3000, 9 Apr 1948.) JAGA 1954/2606. 19 March 1954. § 19.1. Generally. § 19. Quarters and Housing Superintendents of national cemeteries should be furnished with quarters and fuel but the reasonable value of such quarters and fuel should be deducted from their pay. (Citing RS sec 4875, as amended 24 USC 276; act of 6 Dec 1924, 43 Stat 704; act of 26 Jan 1927, 44 Stat 1052; act of 5 Mar 1928, 45 Stat 193, 5 USC 677, 75a; JAGA 1954/1396, 10 Feb 1954; 5 Comp Gen 957.) JAGA 1954/4422. 4 May 1954. § 41. Retirement § 41.53. Retired pay, generally. A member of the civilian faculty of the U. S. Naval Postgraduate School, who was appointed after the date of approval of the basic act authorizing retirement annuities for such faculty members (Act of 16 January 1936, ch 3, 49 Stat 1092, 34 USC 1073), and whose annuity, as computed according to the formula in sec 4A, which was added by the Act of 28 November 1948 (57 Stat 594), is less than $1200, is not entitled to an annuity of $1200 under the provisions of sec 4 of the basic act since the provisions of sec 4 guaranteeing an annuity of $1200 are applicable only to persons who were members of the faculty on 16 January 1936 and the provisions of sec 4A to the effect that nothing therein should operate to reduce the retirement annuity which would have been payable to any retired teacher if the section had not been enacted only saves privileges and benefits previously enjoyed and cannot confer any additional privileges or benefits. Op JAGN 1954/249. 17 September 1954. § 49. Social Security and Unemployment Compensation § 49.1. Generally. As a general proposition, neither members nor civilian employees of the Air National Guard are Federal civilian employees within the meaning of Public Laws 767, 83d Congress, which established an employment compensation program for Federal civilian personnel. Op JAGAF 1955/10. 16 February 1955. § 49.6. Nonappropriated fund employees. By reason of Section 1501 (a) of the Social Security Act, the provisions of Title XV of that act, as added by Section 4 of Public Law |