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Bill· HRH.R. 422 (94th)referred
United States · United States Congress · 14 January 1975
Provides that recipients of veterans' pensions and compensation shall not have the amount of such pension or compensation reduced because of increases in monthly social security benefits which result from the enactment of Public Law 92-336 or any subsequent cost-of-living increase under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Provides that the provisions of this Act shall apply to annual income determinations made for calendar years after 1972.
Bill· HRH.R. 443 (94th)referred
United States · United States Congress · 14 January 1975
Provides that the retired pay of any member or former member who was on active duty or in an active status on or before May 31, 1958, and who became or will become entitled to receive retired pay based upon age, length of service or physical disability shall be computed at current active duty rates and increased to reflect later changes in applicable pay rates. Provides that the enactment of this Act shall not reduce the retired pay to which a member or former member was entitled on the day before the effective date of this Act, nor create any retroactive entitlement to additional retired pay.
Bill· HRH.R. 421 (94th)referred
United States · United States Congress · 14 January 1975
Authorizes the Administrator of Veterans' Affairs to purchase from one or more life insurance companies a policy or policies of mortgage protection life insurance on a group basis for veterans unable to obtain commercial life insurance at a substandard rate because of a service-connected disability. Sets forth the maximum amount of insurance under a policy provided under this Act. Authorizes the Administrator to deduct insurance premiums from any compensation or other cash benefits payable to veterans by the Veterans' Administration, and to pay such premiums to the insurers. Provides that the United States shall bear all of the cost of the insurance provided under this Act, except the amount of premium rates. States that any amount of insurance in force under this Act on the date of death of an insured veteran shall be paid only to the holder of the mortgage loan on the veteran's home as a credit toward loan indebtedness. Requires each policy purchased under this Act to provide for the following: (1) reinsurance with other insurers which meet the Administrator's criteria; (2) that the Administrator may discontinue a whole policy, or exclude from coverage loans made after a date fixed by him; (3) issuance to each insured veteran of a certificate setting forth the benefits to which he is entitled; (4) any other provisions necessary to carry out this Act; and (5) an annual accounting to the Administrator of the amount of premiums paid, the total of all mortality and other claim charges incurred, and the amount of the insurer's expenses and risk charges. States that insurance under this Act shall terminate upon whichever of the following events first occurs: (1) satisfaction of the veteran's indebtedness under the loan upon which the insurance is based; (2) the veteran's 70th birthday; (3) termination of the veteran's ownership of the property securing the loan; (4) discontinuance of payment of premiums by the veteran; or (5) discontinuance of the entire contract or agreement. (Adds 38 U.S.C. 791-95)
Bill· HRH.R. 398 (94th)referred
United States · United States Congress · 14 January 1975
Provides for the recomputation of military retirement benefits. Provides that a member or former member of a uniformed service: (1) who is sixty years of age or older, and is retired for reasons other than physical disability, whose disability is finally determined to be of a permanent nature and less than 30 percent under the disability rating system, and is entitled to retired pay computed under the rates of basic pay in effect before January 1, 1972; or (2) who is entitled to retired pay for physical disability, whose disability was finally determined to be of permanent nature and at least 30 percent under the schedule of rating disabilities, and whose retired pay is computed under rates of basic pay in effect after October 11, 1949 and before January 1, 1972, is entitled to have that pay recomputed upon the rates of basic pay in effect on January 1, 1972.
Bill· HRH.R. 423 (94th)referred
United States · United States Congress · 14 January 1975
Directs the Administrator of Veterans' Affairs to pay a pension to each veteran who served in the active military, naval, or air service at any time during World War I and who is not eligible for other pension benefits. Defines World War I as meaning the period beginning on April 5, 1917, and ending on July 2, 1921. Provides for a schedule of pension payments under this Act. Provides that if the veteran is married and living with or reasonably contributing to the support of his spouse, or has a child or children, the monthly rate of pension under this Act shall be $150. Provides that if the veteran is unmarried (or married but not living with or reasonably contributing to the support of his spouse) and has no child, the monthly rate of pension shall be $135. Provides that if the veteran has a disability by reason of which he is permanently housebound, the monthly rate hereunder shall be increased by $50. Provides that veterans in need of regular aid and attendance shall have their monthly rates increased by $125. Directs the Administrator to pay to widows of veterans, receiving benefits under this Act at time of death, pension benefits as prescribed in this Act.
Bill· HRH.R. 419 (94th)referred
United States · United States Congress · 14 January 1975
Provides that recipients of veterans' pensions and compensation shall not have the amount of such pension or compensation reduced because of increases in monthly social security benefits which result from the enactment of Public Law 92-336 or any subsequent cost-of-living increase under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Provides that the provisions of this Act shall apply to annual income determinations made for calendar years after 1972.
Bill· HRH.R. 386 (94th)referred
United States · United States Congress · 14 January 1975
Authorizes the Administrator of Veterans' Affairs to construct a 500 bed Veterans' Administration hospital in the Halifax area of Volusia County, Florida. Authorizes the appropriation of sums to carry out this Act.
Bill· HRH.R. 385 (94th)referred
United States · United States Congress · 14 January 1975
Sets minimum levels for the payment of travel expenses for persons traveling to and from Veterans' Administration facilities at $20 for meals and lodging. Stipulates that the mileage rate shall not be less than the current Department of Transportation estimate of the average variable costs per mile of operating an automobile.
Bill· HRH.R. 399 (94th)referred
United States · United States Congress · 14 January 1975
Provides that Army and Air Force National Guard technicians shall not be required to wear the military uniform while performing their duties in a civilian status.
Bill· HRH.R. 383 (94th)referred
United States · United States Congress · 14 January 1975
Treats limited expeditionary compaigns including Haiti, Cuba, Nicaragua and Mexico campaigns as periods of war for the purposes of eligibility for veterans' benefits.
Bill· HRH.R. 353 (94th)referred
United States · United States Congress · 14 January 1975
War Resisters Exoneration Act - Grants general amnesty, notwithstanding any other provision of law, to any person for violation of laws involving the following prohibited acts during the period between August 4, 1964, and the date of enactment: draft evasion, draft evasion abetting, and draft card destruction; advising another to desert the Armed Forces; deserting from the Armed Forces; missing the movement of a ship, aircraft, or unit with which it is required in the course of duty to move; using contemptuous words against various executive and State officials where present as a commissioned officer in the Armed Forces; concealing or assising any person who has deserted from the Armed Forces; and attempting to cause insubordination by any member of the military or naval forces of the United States, with the intent to interfere with the loyalty or discipline of the military or naval forces of the United States. Makes the effect of such general amnesty to restore to the grantee all civil, political, citizenship and property rights which have been or might be lost, suspended, or otherwise limited as a consequence of such violation. Includes within this general amnesty the granting of an honorable discharge to any person who received a less than honorable discharge because of such violations. Establishes an Amnesty Commission composed of five members to grant general amnesty to individuals whose violation of the above laws was in substantial part motivated by the individual's opposition to, or protest against, the involvement of the United States in Indochina; and who was not personally responsible for any significant property damage or substantial personal injury to others in the course of his violation of such law. Gives the Commission jurisdiction to hear and determine applications from individuals entitled to automatic amnesty by this Act and aggrieved by the refusal of the military board to grant an honorable discharge to him. Makes provisions for applications for amnesty, and for judicial review of a decision by the Commission. Provides that, upon petition to any U.S. district court, the United States citizenship of any former citizen solely or partly because of disapproval of the involvement of the United States in Indochina shall be fully and unconditionally restored. Gives the district courts of the United States jurisdiction without regard to the amount in controversy to hear actions brought to redress the deprivation of rights that are restored by this act, and to grant such legal and equitable relief as may be appropriate. Authorizes such appropriations as are necessary to carry out the provisions of this Act. Provides that if any provision or application of this Act is held invalid, the remainder of the Act shall not be affected thereby. Makes this Act effective upon enactment.
Bill· HRH.R. 359 (94th)referred
United States · United States Congress · 14 January 1975
Submersible Vessel Safety Act - Permits the Secretary of the Department in which the Coast Guard is operating to issue regulations to promote safety in the operation of submersible vessels. Permits such regulations to cover design, materials, workmanship, construction, operations, tests, manning and other practices and procedures as the Secretary may find necessary to provide adequately for safety. Permits the Secretary to grant exemptions if he finds it to be in the public interest. Allows the Secretary to exempt manned submersible vessels from the requirements of this Act if such vessels are to be used for developmental, experimental, or research work. Permits the Secretary to make inspections and grant certificates of inspection and submersible vessel operators' licenses. Provides a civil penalty of $1,000 for submersible vessels found in violation of this act.
Bill· HRH.R. 343 (94th)referred
United States · United States Congress · 14 January 1975
Central Intelligence Agency Control Act - Provides that at no time shall the two positions of the Director and Deputy Director of the Central Intelligence Agency be occupied simultaneously by (1) commissioned officers of the armed services, whether in an active or retired status; or (2) persons who were in the employ of the Agency for any length of time during the five-year period immediately preceding the date on which they are nominated by the President for such positions. Limits the term of the Director to a total of not more than eight years. Provides that specified duties of the Agency shall relate to foreign intelligence matters only. States that nothing in this Act or any other provision of law may be construed to authorize the Agency to plan or to implement any covert operation. Defines covert operation as any military or paramilitary operation or any effort of any kind to achieve the overthrow of any foreign government. Requires that the Agency keep specified Congressional committees informed concerning specified intelligence information. Prohibits the Agency from carrying out within the United States specified activities.
Bill· HRH.R. 314 (94th)referred
United States · United States Congress · 14 January 1975
Eliminates the time period in which a veteran has to use his educational benefits. Extends the months of eligibility for such educational benefits, from thirty-six to forty-five months.
Bill· HRH.R. 313 (94th)referred
United States · United States Congress · 14 January 1975
Provides that recipients of veterans' pension and compensation shall not have the amount of such pension or compensation reduced, or entitlement thereto discontinued, because of increases in monthly social security benefits resulting from the enactment of Public Law 93-66, Public Law 93-233, and subsequent cost-of-living increases under title II of the Social Security Act. Provides that the provisions of this Act shall apply with respect to annual income determinations made for calendar years after 1972.
Bill· HRH.R. 331 (94th)referred
United States · United States Congress · 14 January 1975
Stipulates that benefit increases, under Title II of the Social Security Act (Old-Age, Survivors, and Disability Insurance), provided for by Public Law 92-336 be disregarded for the purposes of determining eligibility for veterans' pension or compensation. (Adds 38 U.S.C. 415(g)(4); 503(d))
Bill· HRH.R. 268 (94th)referred
United States · United States Congress · 14 January 1975
Provides that recipients of veterans' pension and compensation shall not have the amount of such pension or compensation reduced, or entitlement thereto discontinued, because of increases in monthly social security benefits resulting from the enactment of Public Law 93-66, Public Law 93-233, and subsequent cost-of-living increases under title II of the Social Security Act. Provides that the provisions of this Act shall apply with respect to annual income determinations made for calendar years after 1972.
Bill· HRH.R. 293 (94th)referred
United States · United States Congress · 14 January 1975
Entitles veterans to 45 months (now 36 months) of educational assistance for undergraduate or any other authorized programs of education. (Amends 38 U.S.C. 1661).
Bill· HRH.R. 277 (94th)referred
United States · United States Congress · 14 January 1975
Provides that a member of the armed forces who has been entitled to basic pay for a continuous period of at least two years upon release from active duty, shall have his rates of basic pay computed as in effect upon that release from active duty. Provides that, any other member shall have his rates computed under the rates of basic pay under which the member's retired pay or retainer pay was computed when he entered on that active duty, increased by any applicable adjustments in that pay.
Bill· HRH.R. 262 (94th)referred
United States · United States Congress · 14 January 1975
Requires the Secretary of Defense to take such action as is necessary to insure that any member of the Armed Forces who is discharged shall receive a discharge certificate which shall indicate that such member was so discharged and which shall not bear any indication of the conditions under which such separation occured. States that the reason why such member was so separated (other than by reason of discharged dismissal pursuant to a sentence of a general or special court-martial) and all other records or documents pertaining to such reason or reasons shall be treated as confidential and shall not be made known to or otherwise released to any private person or any public agency (whether Federal, State, or local) without the prior written consent of the member concerned. Sets forth the conditions under which an enlisted member of the Armed Forces may be discharged under other than honorable conditions. Establishes procedures for military review panels in considering the dishonorable discharge of enlisted personnel. Requires military review panels to conduct hearings which afford the enlisted member concerned an opportunity to: (1) appear before the panel and present evidence in his own behalf; (2) be represented by counsel; (3) confront the witnesses against him; and (4) examine documentary and real evidence against him. States that the recommendation of a review panel appointed under the provisions of this Act for separation under other than honorable conditions may be appealed to an appeal board established by the Judge Advocate General concerned, or the General Counsel of the Department of Transportation, as appropriate. Authorizes the Secretaries concerned to prescribe regulations to carry out the provisions of this Act. Requires the Secretaries concerned, after consultation with the Administrator of Veterans' Affairs, to establish a number (but not less than ten) of regional boards of review throughout the United States. States that the function of the regional boards shall be to review the discharge or dismissal (other than a discharge or dismissal by a general or special court-martial) of any former member of an Armed Forces under the jurisdiction of the military department concerned. Provides that if a request for the review of a discharge or dismissal of any person who was discharged or dismissed from the Armed Forces within the fifteen-year period immediately preceding the effective date of this Act was filed before such effective date and such review resulted in no change to the discharge or dismissal, or no new discharge was issued, another request for review of that discharge or dismissal pursuant to this Act may be filed and such review shall be acted upon without prejudice, if such request for review is filed with the appropriate regional board of review within the one-year period immediately following such effective date.
Bill· HRH.R. 240 (94th)referred
United States · United States Congress · 14 January 1975
Authorizes the payment of severance pay, in amounts not to exceed $15,000 for any one individual member, for regular enlisted members of the United States armed forces. Provides that specified members discharged on or after July 1, 1973 shall be entitled to payment under this Act. (Adds 10 U.S.C. 1173)
Bill· HRH.R. 236 (94th)referred
United States · United States Congress · 14 January 1975
Entitles specified veterans of the Mexican border period and of World War I and their widows and children to a veterans' pension benefit on the same basis as that accorded to veterans of the Spanish American War and their widows and children, respectively. Provides for an increase in pension rates applicable to such classes of veterans.
Bill· HRH.R. 250 (94th)referred
United States · United States Congress · 14 January 1975
Excludes social security disability payments from the determination of annual income for purposes of eligibility for a non-service-connected disability pension to a veteran. (Amends 38 U.S.C. 521 (f))
Law· HRH.R. 71 (94th)open
United States · United States Congress · 14 January 1975
Provides hospital and medical care to members of the armed forces of Poland or Czechoslovakia who participated in armed conflict with an enemy of the United States during World War I or World War II, and who have been citizens of the United States for not less than 10 years. Provides that such hospital and medical care shall be available to the same extent as if such service had been performed in the Armed Forces of the United States.
Bill· HRH.R. 238 (94th)referred
United States · United States Congress · 14 January 1975
Provides that veterans' pension and compensation will not be reduced as a result of increases in monthly social security benefits resulting from the enactment of Public Law 93-66 or any subsequent cost-of-living adjustment under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Provides that the provisions of this Act shall apply to annual income determinations made for calendar years after 1973.
Bill· HRH.R. 259 (94th)referred
United States · United States Congress · 14 January 1975
Removes all limitations on the aggregate period for which a person may receive assistance under two or more of the veterans' educational assistance laws. (Amends 38 U.S.C. 1795).
Bill· HRH.R. 217 (94th)referred
United States · United States Congress · 14 January 1975
Directs the Secretary of State to undertake negotiations with the Federal Republic of Germany for payments to the Government of the United States for all ex gratia payments to citizens of the United States who fought for the Allied cause in World War II as members of the Royal Army of Yugoslavia and were imprisoned by the German Government.
Bill· HRH.R. 192 (94th)referred
United States · United States Congress · 14 January 1975
Provides for the recognition by the Administrator of Veterans' Affairs of representatives of the Italian American War Veterans of the United States in the preparation, presentation, and prosecution of claims under laws administered by the Veterans' Administration. (Amends 38 U.S.C. 3402(a)(1))
Bill· HRH.R. 202 (94th)referred
United States · United States Congress · 14 January 1975
Provides that the retired pay of any member or former member of the Armed Forces who was on active duty or in an active status on or before May 31, 1958, and who became or will become entitled to receive retired pay, shall be computed at current active duty rates and increased to reflect later changes in applicable pay rates. Provides that the enactment of this Act shall not reduce the retired pay to which a member or former member was entitled on the day before the effective date of this Act, nor create any retroactive entitlement to additional retired pay.
Bill· HRH.R. 207 (94th)referred
United States · United States Congress · 14 January 1975
Provides that recipients of veterans' pensions and compensation shall not have the amount of such pension or compensation reduced because of increases in monthly social security benefits which result from the enactment of Public Law 92-336 or any subsequent cost-of-living increase under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Provides that the provisions of this Act shall apply to annual income determinations made for calendar years after 1972.
Bill· HRH.R. 174 (94th)referred
United States · United States Congress · 14 January 1975
Vietnam Era Veterans and Dependents Psychological Readjustment Assistance Act - Directs the Administrator of Veterans' Affairs to initiate and carry out a special psychiatric, psychological, and counseling program for veterans of the Vietnam era, especially former prisoners of war and their dependents who are experiencing psychological problems as the result of the military service performed by such veterans. Provides that the participation of any veteran or dependent in such program shall be wholly voluntary and shall not be a prerequisite to eligibility for any other service or assistance. (Adds 38 U.S.C. 620A)
Bill· HRH.R. 191 (94th)referred
United States · United States Congress · 14 January 1975
Entitles specified veterans of the Mexican border period and of World War I and their widows and children to a veterans' pension benefit on the same basis as that accorded to veterans of the Spanish American War and their widows and children, respectively. Provides for an increase in pension rates applicable to such classes of veterans.
Bill· HRH.R. 104 (94th)referred
United States · United States Congress · 14 January 1975
Provides that no further reduction shall be made in the retired or retainer pay of any former member of the armed forces who elects to provide annuities under the survivor benefit plan if all beneficiaries of the annuities predecease such person. (Amends 10 U.S.C. 1452)
Bill· HRH.R. 122 (94th)referred
United States · United States Congress · 14 January 1975
Authorizes the Administrator of Veterans' Affairs to construct a Veterans' Administration general medical and surgical hospital in Jacksonville, Florida, and to secure the cooperation of the University of Florida College of Medicine in its training and education of medical students in Jacksonville.
Bill· HRH.R. 96 (94th)referred
United States · United States Congress · 14 January 1975
Authorizes a tuition assistance program for enlisted members of the National Guard and the Selected Reserve of the Ready Reserve. Prescribes the amounts of such tuition assistance.
Bill· HRH.R. 114 (94th)referred
United States · United States Congress · 14 January 1975
Permits honorably discharged veterans of the Armed Forces of the United States to render the military salute when the flag is hoisted, lowered, or is passing in a parade or review; when the national anthem is played; and when the pledge of allegiance to the flag is given.
Bill· HRH.R. 105 (94th)referred
United States · United States Congress · 14 January 1975
Makes eligible for annuities payable under the Armed Forces Survivor Benefit Plan, those persons who became widows during the eighteen-month period (now twelve-month period) following the effective date of such law.
Bill· HRH.R. 106 (94th)referred
United States · United States Congress · 14 January 1975
Includes foster children within the definition of dependent for purposes of medical and dental care and for payments of allowances to members of the uniform services and for those listed in a missing person status.
Bill· HRH.R. 102 (94th)referred
United States · United States Congress · 14 January 1975
Provides that members who belonged to the Reserve of an armed force before August 16, 1945, shall be eligible for retirement pay provided they performed active duty after August 13, 1961, and before May 31, 1963, or after August 4, 1964, and before the date designated by proclamation of the President or concurrent resolution of the Congress; or provided they performed at least 20 years of service after August 15, 1945. (Amends 10 U.S.C. 1331-1333)
Bill· HRH.R. 101 (94th)referred
United States · United States Congress · 14 January 1975
Provides special pay for participation in the Ready Reserve by enlisted members of a Reserve component of an armed force who: (1) have completed a total of at least two years of active duty, or a total of at least six years of service, in one or more of the armed service; and (2) have been accepted to enlist, reenlist, or extend their enlistments in a Reserve component, in a pay grade above E-2, for a period of at least three years. Entitles such individuals to special pay at the rate of $300 for a six-year enlistment, reenlistment, or extenstion of enlistment and $450 upon completion of each year of such six-year period.
Bill· HRH.R. 98 (94th)referred
United States · United States Congress · 14 January 1975
Revises the retirement credit schedule for the armed forces relating to retirees point credit for non-Regular service. (Amends 10 U.S.C. 1333)
Bill· HRH.R. 97 (94th)referred
United States · United States Congress · 14 January 1975
Allows survivor benefits in the case of the death of members or former members of the armed forces who die before becoming entitled to retired pay for non-Regular service. (Amends 10 U.S.C. 1448).
Bill· HRH.R. 72 (94th)referred
United States · United States Congress · 14 January 1975
Provides hospital and medical care to members of the armed forces of Poland or Czechoslovakia who participated in armed conflict with an enemy of the United States during World War I or World War II, and who have been citizens of the United States for not less than 10 years. Provides that such hospital and medical care shall be available to the same extent as if such service had been performed in the Armed Forces of the United States.
Bill· HRH.R. 107 (94th)referred
United States · United States Congress · 14 January 1975
Reduces specified deductible payments by patients for treatment under the uniformed services health benefits program. Repeals the provision of law prohibiting such benefits to persons entitled to medicare benefits. (Amends 10 U.S.C. 1079(b)(c), 1086(b)(c))
Bill· HRH.R. 103 (94th)referred
United States · United States Congress · 14 January 1975
Entitles any member or former member of the armed forces to have his retired pay computed at current active duty pay rates if such member was in an active status on or before May 31, 1958, and entitled to receive retired pay based upon age, length of service or physical disability under the provisions of the Career Compensation Act.
Bill· HRH.R. 99 (94th)referred
United States · United States Congress · 14 January 1975
Authorizes the payment of retired pay for non-Regular service to Armed Services personnel otherwise eligible, at age 55, and in reduced amounts to such persons who are at least 50 but less than 55 years of age. (Amends 10 U.S.C. 1331(a), 1335(a)).
Bill· HRH.R. 95 (94th)referred
United States · United States Congress · 14 January 1975
Military Justice Act - Establishes an independent courts-martial command composed of four divisions: defense, prosecution, judicial, and administration. Grants specified powers to the military judges. Extends to servicemen certain basic rights, such as: (1) the right to appointment of an independent defense counsel upon request immediately following arrest; (2) the right to a formal hearing before an independent military judge within 24 hours of arrest, to determine whether there is probable cause to hold him for trial; (3) the right to obtain subpoenas from an independent military judge (prosecutor now holds sole power to issue subpoenas); (4) the right to protection against trial by court-martial after trial in a State court for the same act, and vice-versa; and (5) the right of military defense attorneys to seek collateral relief for their clients in civilian courts when appropriate (relief currently available only if the accused serviceman has civilian counsel). Reclassifies the types of court-martial to upper courts-martial and lower courts-martial, and sets forth the composition and jurisdiction of each. Eliminates summary courts-martial. Establishes a system of random selection for members of special and general courts-martial, and abolishes the requirements that two-thirds of the members of such courts-martial must be officers. Transfers from the commanding officers to the independent military judges the power to release an accused serviceman pending trial or pending appeal. Grants complete credit for pretrial confinement towards any ultimate sentence. Eliminates the power of the convening authority to review sentences and findings. Transfers the sentencing power, with the added power to suspend sentences, from the members of the court (the "jury") to the military judges in all cases. Permits all confined servicemen including those awaiting trial or appeal to participate in work, exercise and rehabilitation programs wherever adequate facilities are available. Directs a special committee to study and suggest revisions in the current table of maximum punishments. Permits the Judge Advocate General of each service to review cases not automatically reviewable by the Court of Military Review. Empowers the Supreme Court to issue writs of certiorari to the Court of Military Appeals. Enlarges the Court of Military Appeals from three to nine judges and authorizes it to sit in panels of three judges each. Directs a special committee to study and, within one year, to recommend solutions in areas: (1) the desirability of transferring jurisdiction over some offenses to the Federal courts; (2) additional methods of eliminating delays in the appellate process; and (3) means of dealing with prisoners who complete the service of their sentence to confinement prior to the completion of appellate review.
Bill· HRH.R. 52 (94th)referred
United States · United States Congress · 14 January 1975
Provides that the certificate of discharge issued to members of the armed forces may be characterized only as: (1) an Honorable Discharge, when separated from service, except where a lesser form of discharge certificate is expressly authorized under this Act; (2) a Discharge from Service; or (3) a Bad-Conduct Discharge or a Dishonorable Discharge, when issued according to an approved finding of a court-martial pursuant to this Act. Provides that a member of an armed force may be separated with a Discharge from Service as a result of: (1) an approved recommendation of a board of officers upon a finding based on preponderance of the evidence of record of misconduct, that the member's retention would not be clearly consistent with the interests of national security, or that the member's retention is not warranted for specified reasons; (2) resignation or request for discharge in lieu of board action or trial by court-martial, submitted after opportunity to consult counsel having the professional qualifications; and (3) absence without authority for one year. Authorizes the Secretary of the military department concerned to at any time convene a board of officers to review the record of any commissioned or warrant officer of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, as the case may be, to determine whether he shall be required, because his performance of duty has fallen below standards prescribed by the Secretary, to show cause for his retention on active duty or whether action should be taken to remove him from active duty because of misconduct, moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security. Provides that Boards of Inquiry, each composed of three or more officers, shall be convened, at such places as the Secretary of the military department concerned may prescribe, to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under this Act should be retained on active duty. Provides that Boards of Review, each composed of three or more officers shall be convened by the Secretary of the military department concerned, at such times as he may prescribe, to review the records of cases of regular commissioned or warrant officers recommended for removal by a Board of Inquiry.
Bill· HRH.R. 91 (94th)referred
United States · United States Congress · 14 January 1975
Permits a summary court-martial, special court martial without a military judge, provost court or military commission to punish for contempt any person who disturbs its proceedings. Allows a military judge to punish by a $100 fine, 30 days in jail or both, any misbehavior that obstructs the administration of justice, misbehavior of court officers or disobedience of any order of the judge. Limits punishment for an offense to that established by the President for that offense. Provides that any period of confinement included in a sentence begins when adjudged by the court martial, but periods when confinement is suspended or deferred shall be excluded in computing the term of confinement. Provides that all other sentences are effective on the date ordered executed. Allows the deferment of confinement when the sentence has not been ordered executed or is under review. Provides that after trial by court-martial the record shall be sent to the convening authority for action with respect to the sentence. Directs the convening authority to refer the record of each general court martial to his staff judge advocate or legal officer who shall submit his opinion upon the appropriateness of sentence. Provides for review of decisions in a court-martial dismissing specifications without a finding of not guilty or prohibiting the admission of evidence or confessions or any ruling seriously impeding prosecutions of the case. Allows revisions proceedings where there is an apparent error in the record or where the record shows improper action by the court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused. Prohibits the use of revision proceedings to reconsider a finding of not guilty or to increase the severity of a sentence unless the sentence prescribed is mandatory. Provides that at any time after a trial record has been prepared, and before sentencing has occurred, the military judge may, except where there is lack of sufficient evidence in the record to support the findings, set aside the findings or sentence or both and authorize a rehearing. Permits the convening authority to approve or disapprove the sentence. Provides that, in any case reviewed by it, the Court of Military Appeals may act only with respect to the findings of the court-martial and the sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. Requires approval by the President of sentences involving a general or flag-officer or death, before execution of the sentence. Requires approval by the appropriate Secretary before execution of any sentence calling for dismissal or suspension of a commissioned officer, cadet, or midshipman. Requires affirmation by the Court of Military Review for sentences involving bad conduct or dishonorable discharges.
Bill· HRH.R. 58 (94th)referred
United States · United States Congress · 14 January 1975
Prohibits the exclusion, solely on the basis of sex, of women members of the armed forces from duty involving combat.
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