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Act of 1947), so as to (1) correct a serious inequity which exists in the Medical Service Corps Regular Army promotion list as a result of statutory changes affecting that corps, and (2) correct a situation which would otherwise require that future permanent promotions be accelerated for a very substantial group of Medical Service Corps officers, Regular Army, for reasons other than were contemplated and provided for in the Officer Personnel Act of 1947

Officers integrated into the Pharmacy Corps in May 1947 under the provisions of the act of December 28, 1945 (59 Stat. 663), as amended by the act of August 8, 1946 (60 Stat. 925), and the act of May 15, 1947 (61 Stat 95), who were credited with more than 6 years' service but less than 12 years' service were appointed in the grade of captain, and those credited with more than 12 years service but less than 20 years service were appointed in the grade of major Likewise, other officers of the Pharmacy Corps were promoted to the grade of captain after 6 years' service and to major after 12 years service. The Army-Navy Medica Services Corps Act of August 4, 1947 (61 Stat 734), abolished the Pharmacy Corps, transferred all officers thereof to the new Medical Service Corps, and provided for integration and promotion on the same basis as had previously been provided for promotion-list officers. Accordingly, after enactment of that act. officers integrated into the Army in the Medical Service Corps who were credited with more than 3 years' service but less than 10 years' service were integrated in the grade of first lieutenant, officers credited with more than 10 years' service but less than 17 years' service were integrated in the grade of captain, and those credited with more than 17 years service but less than 23 years service in the grade of major and promotions to the mentioned grades were based upon like periods of service

A serious inequity with respect to officers in the Medical Service Corps resulted from these statutory changes, in that officers who were integrated into the Pharmacy Corps in May 1947 and later transferred in grade to the Medical Service Corps under provisions of the Army-Navy Medical Services Corps Act of August 4, 1947, became senior in permanent grade to many officers of the Medical Service Corps who were credited with more service for promotion purposes; and conversely, through no fault of their own, and due to causes entirely beyond their control, many officers of the Medical Service Corps found themselves junior in permanent grade to officers transferred from the Pharmacy Corps who were credited with much less service for promotion purposes

The application of existing law will result in future permanent promotions being accelerated for a very substantial group of Medical Service Corps officers whose names presently appear on the promotion list above other officers in the same grade who have much more service creditable to them for promotion purposes. Present law requires that names appearing above those of other officers in the same grade must be submitted to the selection board at the same time as the latter names notwithstanding the greater amount of service creditable to the latter for promotion purposes

Enactment of this bill will result in no additional cost to the Government and will in the long run result in a saving. No increase in pay will result to any officer by passage of this bill since it authorizes only a readjustment of the Medical Service Corps, Regular Army, promotion list within each grade and does not promote any officer.

This report has been coordinated among the departments and boards in the National Military Establishment in accordance with procedures prescribed by the Secretary of Defense.

The Bureau of the Budget has been consulted and advises that there is no objection to the submission of the proposed legislation for the consideration of the Congress.

Sincerely yours,

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RETENTION OF CAPTAINS IN NAVY MEDICAL
DENTAL CORPS

JUNE 7, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. HARDY, from the Committee on Armed Services, submitted the

following

REPORT

[To accompany H. R. 4516)

The Committee on Armed Services, to whom was referred the bill (H. R. 4516) to amend section 312 of the Officer Personnel Act of 1947, as amended, so as to provide for the retention of certain officers of the Medical and Dental Corps of the Navy, having considered the same; report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill is to prevent the involuntary retirement of a number of captains of the Navy in the Medical and Dental Corps. Under present law (sec. 312 (b), Public Law 381, 80th Cong.), not to exceed 22 Medical Corps captains and 12 Dental Corps captains may be continued on the Navy active list, after completing 31 years of service and having twice failed of selection for promotion to admiral. The active duty of such officers may be extended from year to year until they have completed 35 years of total commissioned service. This limitation was imposed at a time when the present serious shortage of doctors and dentists in the armed forces was not anticipated, and when it was expected that the armed forces could soon be substantially reduced in strength. In view of subsequent developments, however, the Navy Department is strongly opposed to the forced elimination of qualified Medical Corps and Dental Corps captains, especially since the Services are having great difficulty in obtaining sufficient qualified personnel in these professional fields.

The proposed bill permits the Secretary of Navy to retain as many Medical and Dental Corps captains on the active list as may be required, and provides further that, until 1952, no such captains will be removed from the active list under this provision prior to their reaching the age of 62. These amendments alter that portion of

Navy promotion law which expires in 1957. The amendments, therefore, will likewise expire in that year, after which the limitation on numbers of Medical and Dental Corps captains retained beyond 31 years of service will again apply.

This legislation must be enacted by June 30 of this year if the removal of 27 Medical Corps captains from the active list is to be prevented. Accordingly, the Armed Services Committee urges early action by the House of Representatives so that the untimely retirement of these officers can be avoided and similar situations prevented during this period of doctor and dentist shortages.

The views of the National Military Establishment, and, specifically, the views of the Navy Department, in respect to this legislation are set forth in the following letter from the Acting Secretary of the Navy to the Speaker of the House of Representatives.

Hon. SAM RAYBURN,

Speaker of the House of Representatives.

THE SECRETARY OF DEFENSE,
Washington, April 30, 1949.

MY DEAR MR. SPEAKER: Attached is a letter addressed to you by the Acting Secretary of the Navy recommending the enactment of a proposed draft of legislation, also attached, bearing the title "To amend section 312 of the Officer Personnel Act of 1947, as amended, so as to provide for the retention of certain officers of the Medical and Dental Corps of the Navy."

This legislation has been approved for inclusion in the National Military Establishment legislative program for the Eighty-first Congress, first session, and responsibility for handling it on behalf of the Establishment has been placed in the Department of the Navy.

With kindest personai regaids, I am,
Sincerely yours,

LOUIS JOHNSON

The Honorable SAM RAYBURN,

THE SECRETARY OF THE NAVY,
Washington, April 22, 1949.

Speaker of the House of Representatives, Washington, D. C. DEAR MR. SPEAKER: There is transmitted herewith a proposed bill to amend section 312 of the Officer Personnel Act of 1947, as amended, so as to provide for the retention of certain officers of the Medical and Dental Corps of the Navy.

The purpose of the proposed bill is to amend subsection (b) of section 312 of the Officer Personnel Act of 1947, as amended, so as to provide that the number of captains of the Medical and Dental Corps of the Navy which may be recommended for continuation on the active list shall be such number as the Secretary of the Navy may determine necessary to meet the needs of the service, and to provide that until June 30, 1952, no such officer shall be involuntarily retired pursuant to the provisions of that subsection prior to reaching the age of 62.

Under the provisions of subsection (b) of section 312 of the Officer Personnel Act of 1947, as amended, not to exceed 22 officers in the Medical Corps of the Navy and 12 captains in the Dental Corps of the Navy, recommended for continuation on the active list in the approved report of a selection board, may be so continued until the report of the next succeeding selection board is approved. No such captain may be continued on the active list beyond June 30 of the fiscal year in which he shall have completed 35 years of total commissioned service as defined in section 202 of that act. Such captains not again recommended for continuation on the active list in the approved report of a selection board are placed on the retired list on June 30 of the then-current fiscal year

There are in the Medical Corps of the Navy 44 officers in the grade of captain eligible for recommendation for continuation on the active list who are now under consideration by a selection board for such recommendation. Since the selection board may not recommend more than 22 of these officers for continuation on the active list, the remainder of such officers must, under the provisions of subsection (b) of section 312 of the Officer Personnel Act of 1947 be placed on the retired list on June 30, 1949. While a similar situation does not exist at this time among such captains in the Dental Corps, it is anticipated that it will arise when the next selection board is convened.

Enactment of the proposed measure would, until June 30, 1952, prevent the involuntary retirement until they reach 62 years of age of captains of the Medical and Dental Corps of the Navy who might otherwise be so retired under the provisions of the Officer Personnel Act of 1947, as amended, and would make it possible after that date to retain on the active list until they have completed the specified years of service such numbers of captains of the Medical and Dental Corps as the Secretary of the Navy may determine are required to meet the needs of the service.

The Navy Department has been designated by the Office of the Secretary of Defense to present this proposal on behalf of the National Military Establishment. The Navy Department accordingly recommends enactment of this measure. Enactment of the proposed measure would result in no additional cost to the Government since the officers retained on the active list would be within the appropriated strength of the Medical Corps of the Navy.

This report has been coordinated within the National Military Establishment n accordance with procedures prescribed by the Secretary of Defense.

The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed legislation to the Congress. Sincerely yours.

JOHN T. KOEHLER, Acting Secretary of the Navy.

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law in which no change is made is in roman; new language is in italics; deleted language is enclosed by black brackets):

SECTION 312, OFFICER PERSONNEL ACT OF 1947 (PUBLIC LAW 381, 80TH CONG.) AS AMENDED BY H. R. 4516

SEC. 312 (b) Captains of the Medical Service Corps shall be placed on the retired list on June 30 of the fiscal year in which they complete thirty-one years of total commissioned service, and captains of the line and of each other corps whose names, on June 30 of the fiscal year in which they complete thirty-one years of total commissioned service, as defined for line officers in section 102 of title I and for staff officers in section 202 of title II of this Act, are not on a promotion list, shall, subject to the provisions of paragraph (1) of subsection 311 (c) of this title, if not otherwise retired pursuant to law, be placed on the retired list on that date: Provided. That an officer who has lost numbers or precedence shall not be placed on the retired list by reason of completion of thirty-one years of total commissioned service as so defined until June 30 of the fiscal year in which he completes five years of service in the grade of captain: Provided further, That captains not, restricted in the performance of duty whose names, on June 30 of the fiscal year in which they complete thirty years of total commissioned service, are not on a promotion list, shall, subject to the provisions of paragraph (1) of subsection 311 (c), if not otherwise retired pursuant to law, and if they shall have twice failed of selection for temporary promotion to rear admiral. be placed on the retired list on that date: Provided further. That not to exceed the following numbers of captains, recommended for continuation on the active list in the report of a selection board as approved by the President, may be so continued until the report of the next succeeding selection board is approved but no such captain shall be continued on the active list beyond June 30 of the fiscal year in which he shall have completed thirty-five years of total commissioned service as so defined: Ten designated for engineering duty, five designated for aeronautical engineering duty, ten designated for special duty, [twenty-two in the Medical Corps,] twenty-two in the Supply Corps, twenty-five in the Chaplain Corps, seven in the Civil Engineer Corps. [and twelve in the Dental Corps] in the Medical Corps and in the Dental Corps a number as determined necessary by the Secretary of the Navy to meet the needs of the service: [And provided further] Provided further, That a captain so continued on the active list shall, if not again recommended for continuation on the active list in the approved report of the next succeeding selection board, thereafter be carried in excess of the number authorized to be so continued and shall be placed on the retired list on June 30 of the then current fiscal year: And provided further, That until June 30, 1952, no captain of the Medical Corps or of the Dental Corps shall be subject to involuntary retirement pursuant to this subsection prior to reaching the age of sixty-two.

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