JUNE 9 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 4104] The Committee on the Judiciary, to which was referred the bill (H. R. 4104) for the relief of Frank St. Charles, having considered the same, reports favorably thereon, with an amendment, and recommends that the bill, as amended, do pass. AMENDMENT On page 2, line 1, strike the words "in excess of 10 per centum thereof". PURPOSE The purpose of the proposed legislation, as amended, is to pay $125 to Frank St. Charles, of 343 South Main Street, Butler, Pa., in full settlement of his claim against the United States for expenses sustained as a result of his erroneous induction into the Armed Forces and service therein for a period which lasted from September 30, 1950, to June 1, 1951. STATEMENT The facts relative to this claim appear in House Report No. 567 on H. R. 4104 and are set forth in part as follows: The claimant was inducted into the Armed Forces at Pittsburgh, Pa., November 17, 1945, and after faithfully serving at least two enlistments, was discharged from the Regular Army June 17, 1947. Thereafter he attended school under funds furnished by the Veterans' Bureau at Grove City College, Grove City, Pa. He was married after being discharged from the Regular Army. While attending Grove City College he was erroneously ordered to active duty, to begin September 30, 1950. The claimant answered this call to duty, but tried on more than one occasion to advise the Army officers that he was completely separated from the service when called to active duty. He was put off about this matter, but was told the Army would look into it. It was not until June 2, 1951, that the claimant was discharged. When the claimant was erroneously recalled his wife suffered a nervous breakdown, and it was necessary to give her medical and hospital attention, for which claimant paid doctor bills in the amount of $125, besides the costs of trips to see doctors and medical bills. During this period of service which was erroneously forced upon him, the Government paid to him and his wife the sum of $192.45 per month for a period of 8 months. It took all the income from his pay to take care of his wife, and in addition he sold his automobile at a loss to meet these expenses. It is stated by the claimant that he could have worked at private employment during this period of 30 weeks at the rate of $1.25 per hour on an 8-hour-day basis for 5 days per week, or could have earned $1,500. This evidence is undisputed. However, since the Government paid him and his wife $192.45 per month for these 8 months, or the sum of $1,539.60, it is clear that applicant has no claim for wages due to the error of inducting him into active service after he was fully discharged. The applicant claims that in selling his car he took a loss of $600, but there is no evidence that such a loss was necessary, or that he had to sell his car because he was erroneously inducted, when the pay he was receiving from the Government was about as much as he would have made in private employment. The only items that appear to be a claim against the Government are the doctors' fees paid out because of the condition of his wife. These items of $60 to one doctor and $65 to another are not disputed. The transportation to and from doctors, and medical and hospital bills are not specified or itemized. The committee after a study of the facts is constrained to agree with the conclusions reached by the House and feels that the sum of $125, which represents doctor bills incurred by the claimant's wife. due to the erroneous recall of the claimant into the service, is an item which should be paid. It is therefore recommended that the bill, H. R. 4104, as amended, be considered favorably. Attached hereto and made a part of this report is the report from the Department of the Army and certain evidentiary data submitted on behalf of the claimant. JUNE 11, 1952. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. CELLER: The Department of the Army is opposed to the enactment of H. R. 6882, 82d Congress, a bill for the relief of Frank St. Charles. This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to Frank St. Charles, of 343 South Main Street, Butler, Pa., in full settlement of his claim against the United States for erroneous induction into the Armed Forces and service therein for a period which lasted from September 30, 1950, to June 1, 1951. The records of the Department of the Army show that Frank St. Charles, Jr. (referred to in H. R. 6882 as "Frank St. Charles"), was born on July 5, 1927, in Louisville Ky.; that on November 16, 1945, he was inducted into the Army of the United States at Pittsburgh, Pa.; that on November 20, 1945, he was trans ferred to Fort George G. Meade, Md.; that he was promoted to the grade of private first class on January 29, 1946, and to the grade of technician fifth grade on April 12, 1946; that he was honorably discharged from the Army at Fort George G. Meade on May 16, 1946; that on May 17, 1946, he enlisted in the Regular Army as a technician fifth grade for a period of 1 year and 30 days; that thereafter he served at several Army posts in various parts of the United States; that on May 1, 1947, he was promoted to the grade of corporal; and that he was honorably discharged from the Regular Army at Fort Lewis, Wash., on June 17, 1947, by reason of the expiration of the term of his enlistment. Corporal St. Charles enlisted in the Infantry Reserve of the Enlisted Reserve Corps on June 3, 1947, for a term of 3 years. As a member of the Enlisted Reserve Corps, Corporal St. Charles was assigned to the 2278th Replacement Training Battalion, an Organized Reserve Corps unit located in Butler, Pa. Under the authority of Department of the Army Circular No. 202, dated July 7, 1948, Corporal St. Charles' grade in the Enlisted Reserve Corps was redesignated as private first class, effective August 1, 1948. It appears that sometime after he was discharged from the Regular Army on June 17, 1947, and prior to September 30, 1950, Mr. St. Charles was married. It further appears that in 1949 he entered Grove City College, Grove City, Pa. his tuition being paid by the Veterans' Administration under the educational program for veterans of World War II. He remained a student in said college until he again entered upon active duty in the Army on September 30, 1950. While attending school the Veterans' Administration paid to him a subsistence allowance in the amount of $105 per month. On September 8, 1950, the commanding officer, Western Pennsylvania Subdistrict, Army of the United States, Pittsburgh, Pa., issued "Order No. 99 Active Duty," addressed to Pfc. Frank St. Charles, Jr.. and certain other members of the Enlisted Reserve Corps who resided in the western part of Pennsylvania, which ordered them to active duty in the Army for a period of 21 months, unless sooner relieved, and directed them to report to the commanding officer, 2101st Army Service Unit, Fort George G. Meade, Md., on September 30, 1950. Private First Class St. Charles duly reported at Fort George G. Meade on September 30, 1950, in accordance with said order, and entered upon active duty in the Army on that date. He was promoted to the grade of corporal on February 22, 1951. It appears that upon the termination of his 3-year enlistment in the Enlisted Reserve Corps on June 3, 1950, Private First Class St. Charles did not advise the United States Army authorities that he desired to reenlist in such corps, and he thereupon ceased to be a member of said corps. On May 31, 1951, the commanding officer, Western Pennsylvania Subdistrict, Pittsburgh, Pa., advised the commanding officer of the unit to which Corporal St. Charles was assigned at Fort George G. Meade that he had been erroneously ordered to extended active duty subsequent to the expiration of his term of service in the Enlisted Reserve Corps. Thereafter on June 2, 1951, Corporal St. Charles was honorably discharged from the Army. In a sworn statement, dated March 17, 1952, Frank St. Charles, Jr., stated, in pertinent part, as follows: ***Sometime between the 27th of July 1950 and September 1950 I received orders to report to Pittsburgh, Pa., for a physical examination for induction purposes. Upon receiving this notification, I contacted a sergeant in charge of the Butler. Pa., Reserve office, explaining that I was no longer a member of the Reserves. This sergeant told me that there was nothing he could do about the matter and that I must wait until I took my physical examination in Pittsburgh and explain the situation to the commanding officer there. This I did, but the officer in charge stated that he could do nothing in Pittsburgh to clarify the situation and that I must go through with my induction and place my case before the authorities at Fort George G. Meade, Md., upon my arrival. My final orders for induction, Orders No. 95 [99], dated September 8, 1950, ordering me to appear at Fort George G. Meade on September 30, 1950, were received and followed through. Upon arriving at Fort Meade I again placed my case before the commander of my reception unit and was told that he would look into things. I was fortunate and was stationed at Fort Meade. Here the matter rested until June 1, 1951, when I was called into headquarters and was informed I was to be separated immediately as I has been erroneously recalled. June 2, 1951, I was discharged." An examination of the personnel file of this soldier in the Department of the Army fails to disclose that he made any complaint in writing that he had been erroneously ordered to active duty effective September 30, 1950. On April 8, 1952, Frank St. Charles, Jr., made the following sworn statement concerning the damages which he allegedly sustained: "The only person wholly dependent on me is my wife, Theresa Kathryn St. Charles, age 22. "At the time of my recall I was a full-time student at college, receiving $105 a month. As a result of my recall my wife was taken ill and this condition forced me to sell my car at $600 loss to meet living expenses. Whereas had I been at liberty to take a full-time job, I would have been able to meet my obligations and keep my car also. If I had taken the job of laborer at any one of the Butler plants I could have earned $1.25 an hour on a 40-hour week. Since my wife first became ill on the 18th of October, it can be assumed that I would have started soon after. Using this as a base I could have worked up to June 1, 1951, a total of 30 weeks at $50 a week or $1,500." During the period from September 30, 1950, to February 21, 1951, inclusive, Frank St. Charles, Jr., received the pay of a private first class, with over 2 years' service, in the amount of $102.90 per month, and in addition thereto the United States paid $45 per month to his wife under a class Q allotment, making the total amount received by this soldier and his wife from the United States during such period the sum of $147.90 per month (which was $42.90 per month more than the subsistence allowance he was receiving from the Government at the time he was recalled to active duty). From February 22, 1951, to June 2, 1951, inclusive, this soldier received the pay of a corporal with over 2 years' service, in the amount of $124.95 per month, and in addition thereto the United States paid $67.50 per month to his wife under a class Q allotment, making the total amount received by said soldier and his wife from the United States during that period the sum of $192.45 per month (which was $87.50 per month more than the subsistence allowance he was receiving at the time he was recalled to active duty). The total pay and allowances received by this soldier and his wife from the United States during the period of his military service from September 30, 1950, to June 2, 1951, inclusive, was $497.57 more than the total amount of the subsistence he would have received from the Government during that period had he not been called into the service and had remained in college. In addition to the pay and allowances paid by the United States to this soldier and his wife during that period the Government furnished to him without charge his food and clothing. While Corporal St. Charles' college education was interrupted for a period of 1 year by reason of his being recalled to active duty on September 30, 1950, he retained his full right to obtain a college education at Government expense. During the entire period of his service from September 30, 1950, to June 2, 1951, inclusive, this soldier served at Fort George G. Meade, Md., and he sustained no disability by reason of such service. In the light of the foregoing facts it is the view of the Department of the Army that there is no equitable basis for the granting of an award to this claimant in any amount. It is, accordingly, recommended that this bill be not favorably considered by the Congress. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, FRANK PACE, Jr., BUTLER, PA., March 17, 1952. DEAR SENATOR GRAHAM: Your support in my behalf is requested to establish a claim against the United States Government for unlawfully recalling me into the Armed Forces on September 30, 1950. I served honorably from November 16, 1945, to June 19, 1947, as a corporal, United States Army. On June 13, 1947, I enlisted in the Reserves for a period of 3 years. My WD AGO Form 166, signed by Eldon M. Schmidt, CWO, USA, adjutant, shows my enlisted date from June 3, 1947. My enlistment, therefore, in this Reserve component, terminated June 2, 1950, at which time I did not reenlist. On July 27, 1950, all Reserve enlistments were frozen for a period of 1 year. *** Sometime between the 27th of July 1950 and September 1950 I received orders to report to Pittsburgh. Pa., for a physical examination for induction pur poses. Upon receiving this notification, I contacted a sergeant in charge of the Butler, Pa., Reserve office, explaining that I was no longer a member of the Reserves. This sergeant told me that there was nothing he could do about the matter and that I must wait until I took my physical examination in Pittsburgh and explain the situation to the commanding officer there. This I did, but the officer in charge stated that he could do nothing in Pittsburgh to clarify the situation and that I must go through with my induction and place my case before the authorities at Fort George G. Meade, Md., upon my arrival. My final orders for induction, orders No. 94 dated September 8, 1950, ordering me to appear at Fort George G. Meade on September 30, 1950, were received and followed through. Upon arriving at Fort Meade I again placed my case before the commander of my reception unit and was told that he would look into things. I was fortunate and was stationed at Fort Meade. Here the matter rested until June 1, 1951, when I was called into headquarters and was informed I was to be separated immediately as I had been erroneously recalled. June 2, 1951, I was discharged. There is, however, more to be considered than the inconvenience and loss of wages and subsistence by myself during this period of service. Upon my induction my wife suffered a nervous breakdown. Since I was not at home, my mother took my wife to a Dr. A. M. Duster, 3051⁄2 Center Avenue, Butler, Pa., for examination. He referred her to a Dr. Kelly at the Mercer Sanitorium, Mercer, Pa. Three trips were made to see Dr. Kelly at an approximate cost of $65 in fees alone, excluding transportation from Butler to Mercer. Dr. Kelly at the last examination, stated that he could do nothing more in her behalf. Dr. A. M. Duster referred my wife to Dr. W. G. Srodes, of 121_University Place, Pittsburgh, Pa., stating that a trip to him might help her. Three trips were made to Pittsburgh at an approximate cost of $60 in fees, excluding transportation and meals. At the last examination, Dr. Srodes suggested committing to the hospital for an undetermined period of time, my wife, for study and treatment. Since I was not present my mother did not feel it was her duty or prerogative to sign commitment papers, stating that she would rather take care of my wife at home instead. In order to allay those current expenses, medical bills, and my wife's support until such time as my allotment and service pay could come through, I was forced to sell my car at a loss of $600. This loss in conjunction with the loss of my wages during my period of service have placed me so far in debt that today I am still unable to see my way clear from pay to pay. I was forced to give up going to school full time under the GI bill and go to work as a janitor at the VÀ Hospital No. 5175, in Butler, Pa. I seek your aid in the matter of possibly through your congressional effort, that steps be taken that I may be afforded financial relief and reimbursement for expenses brought in by the events that took place as shown above. Very truly yours, FRANK ST. CHARLES, Jr. EDNA M. BROWN, Notary Public. Subscribed and sworn to before me this 17th day of March, 1952. [SEAL] My commission expires November 26, 1955. |