Mrs. SMITH, from the Committee on Armed Services, submitted the following REPORT [To accompany H.R. 5297] The Committee on Armed Services, to which was referred the bill (H.R. 5297) to amend title 10, United States Code, to limit the revocation of retired pay of members of the Armed Forces, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE This bill would require that a Reservist who completes 20 years of satisfactory Federal service be furnished a notification in writing that he had completed such service. Payment of retired pay based on such notification could not be denied or revoked unless it were shown that an error resulted from fraud or misrepresentation. EXPLANATION Public Law 810 of the 80th Congress established a system of retirement with pay for officers and enlisted members of the Reserve components of the Armed Forces. Those reservists who completed a total of 20 years of satisfactory Federal service are entitled to retired pay upon their application at age 60. The point system of crediting Reserve activity in one of several different ways has made it difficult for reservists and the services to avoid errors in determining when 20 years of satisfactory Federal service have been completed. There have been several troublesome cases where reservists have received erroneous information that they had completed the required years of service or where the reservist has miscomputed these years himself. In these cases the reservists have ceased participation in the Reserve program but upon their application for retired pay at age 60 the error has been discovered. Because of age or other reasons it often is impractical for the reservists then to renew their Reserve participation to acquire the necessary service. Consequently they are ineligible for retired pay. Under this bill the service Secretary would be required to notify in writing each reservist who has completed 20 years of satisfactory Federal service. This notification must be made within 1 year after the reservist has completed the required service. Once the retirement pay had started or the Secretary had notified the person he had completed the required service, eligibility for retired pay could not be denied or revoked because of error unless the error resulted from the fraud or misrepresentation by the person concerned. If an error not resulting from fraud were discovered later, the number of years of creditable service could be adjusted to correct the error but payments of retired pay on the basis of the service actually performed would continue. COST The committee was informed that the initial cost of establishing an administrative system to permit implementation of the notification procedure is $1,756,716. The cost in subsequent years is estimated at $143,000 for fiscal year 1968, $140,000 for fiscal year 1969, and $101,000 for fiscal year 1970. DEPARTMENTAL RECOMMENDATION A letter from the Director of Legislative Liaison for the Department of the Navy, dated June 6, 1966, that is printed below and made a part of this report, shows that the Department of Defense supports enactment of this bill and that the Bureau of the Budget has no objection to it: Hon. L. MENDEL RIVERS, DEPARTMENT OF THE NAVY, Chairman, Committee on Armed Services, Washington, D.C. MY DEAR MR. CHAIRMAN: Your request for comment on H.R. 5297, a bill to amend title 10, United States Code, to limit the revocation of retired pay of members of the Armed Forces, and for other purposes, which was assigned to this Department by the Secretary of Defense, was answered by a report from this Department under date of September 21, 1965, expressing the views of the Department of Defense. Since submission of the above report, a reappraisal of the estimated costs has resulted in a revision of the cost data applicable to the bill. Accordingly, it is requested that the report contained herein, reflecting the revised cost data, be substituted for the report previously submitted. This bill would provide that the Secretary of each service must notify, in writing, each reservist who has completed the years of service described in section 1331(a)(2) of title 10, United States Code, within 1 year after he has completed that service. It would further provide that after a person has been granted retired pay or notified that he has completed the years of service required for eligibility for retired pay under chapter 67, his eligibility for retired pay may not be denied or revoked because of any error, miscalculation, misinformation, or administrative determination unless it resulted directly from the fraud or misrepresentation of the person, but the number of years of creditable service upon which retired pay is computed may be adjusted to correct such error, miscalculation, misinformation, or administrative determination. The provisions of this bill would be effective only in regard to retired pay begun or notifications made after the effective date of the act. Those persons, who on the effective date of the act, have completed at least 20 years of the required service but have not reached age 60 would be considered as within the purview of the act. Public Law 810, 80th Congress, enacted in 1948, provided for retirement with pay of officers and enlisted personnel of the Reserve components of the Armed Force. Those who complete a total of 20 years of "satisfactory Federal service" have met the basic service requirements which entitle them to retired pay upon application at age 60. These provisions are now included in chapter 67 of title 10, United States Code. Twenty years of satisfactory service has come to be recognized as a significant milestone in the career of a reservist. The computation of this service requirement is based upon a somewhat complicated formula set out in section 1332 of title 10, in which points awarded for various types of Reserve service are converted to years of service. This complicated method of computation usually leaves the reservist in serious doubt as to whether he has in fact passed the 20-year milestone. The services, by a variety of administrative procedures, have attempted to keep the reservist informed of his progress and his completion of the years of service required. In some cases, however, reservists have received erroneous information or have miscomputed their years of service and in reliance thereon have reduced their Reserve participation only to find upon reaching retirement age that they have not in fact met the 20 years of service requirement. When the errors are not discovered until at or near retirement age the reservists no longer have time to renew their participation and acquire the necessary additional service. The situation has resulted in an appeal from the Reserve community for a system whereby each reservist would be notified that he has completed his 20 years of satisfactory service and assurance that this notification would be reliable. The services have been unable fully to grant this request because, without legislation, the administrative determination that a reservist has completed his 20 years of satisfactory service cannot be final and conclusive. Accordingly, the Department of the Navy, on behalf of the Department of Defense, supports enactment of H.R. 5297. It is noted that on page 2, line 15, the first word should be “or” vice "of". The additional costs which would result from enactment of the bill are as follows: These figures do not include additional costs to field activities for research and reporting. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report on H.R. 5297 for the consideration of the committee. Sincerely yours, M. K. DISNEY, Captain, U.S. Navy, Director, Legislative Division O 89TH CONGRESS 2d Session } SENATE { REPORT No. 1694 PERMITTING MEMBERS OF THE ARMED FORCES TO BE ASSIGNED OR DETAILED TO THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE OCTOBER 6, 1966.-Ordered to be printed Mr. YOUNG, from the Committee on Armed Services, submitted the following REPORT [To accompany H.R. 17119] The Committee on Armed Services, to which was referred the bill (H.R. 17119) to amend title 10, United States Code, to permit members of the Armed Forces to be assigned or detailed to the Environmental Science Services Administration, Department of Commerce, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF BILL This bill would permit members of the Armed Forces who are qualified meteorologists to be detailed to the Environmental Science Services Administration of the Department of Commerce for duty with the Office of the Federal Coordinator for Meteorological Services and Supporting Research, or with the Weather Bureau. EXPLANATION OF THE BILL The Office of the Federal Coordinator for Meteorological Services and Supporting Research was recently established in the Department of Commerce to implement Bureau of the Budget Circular No. A-62, November 13, 1963, entitled "Policies and Procedures for the Coordination of Federal Meteorological Services." The operative portions of the circular assign the following responsibilities to the Department of Commerce: (a) The Department of Commerce, with the advice and assistance of other agencies concerned, will establish procedures designed to facilitate a systematic and continuing review of basic and specialized meteorological requirements, |