The original documents are located in Box 16, folder “1974/12/26 HR5056 Crediting Aviation Midshipman Service” of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 16 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE ACTION WASHINGTON Last Day: December 27 December 23, 1974 MEMORANDUM FOR: THE ~RES/oENT FROM: KEN~ SUBJECT: Enrolled Bill H.R. 5056 - Crediting Aviation Midshipman Service Attached for your consideration is H.R. 5056, sponsored by Representative McFall, which provides that time spent as an aviation midshipman in the Navy may be credited, as in the case of commissioned officers, for regular and reserve pay and retirement purposes. OMB recommends approval and provides you with additional background information in its enrolled bill report (Tab A). NSC, Max Friedersdorf and Phil Areeda recommend approval. RECOMMENDATION That you sign H.R. 5056 (Tab B). EXECUTIVE OFFICE OF THE PRESIDENT ~~\~'\~, OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 ~<tS~ t'O ~ DEC 2 0 1W4 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 5056 - Crediting Aviation Midshipman Service Sponsor - Rep. McFall (D) California . Last Day for Action December 27, 1974 - Friday Purpose Provides that time spent as an aviation midshipman in the Navy may be credited for certain military pay and retirement purposes. Agency Recommendations Office of Management and Budget Approval Department of Defense Approval Discussion During the period 1946 to 1951 naval aviators were trained, and served their first two years on active duty, as aviation midshipmen. In the other services and in the Navy since 1951, such training and duty were and are performed in the status of commissioned officer, the status which aviation midshipmen were given at the successful completion of two years of active service. H.R. 5056 provides that time spent in the status of aviation midshipman may be credited, as in the case of commissioned officers, for regular and reserve pay and retirement purposes. Assistant Director for Legislative Reference Enclosures EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 DEC 2 0 1974 jr., }() ,~.r :lh . I '" I .,A1 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 5056 - Crediting Aviation Midshipman Service Sponsor - Rep. McFa~l (D) California Last Day for Action December 27, 1974 - Friday Purpose Provides that time spent as an aviation midshipman in the Navy may be credited for certain military pay and retirement purposes. Asency Recommendations Office of Management and Budget Approval Department of Defense Approval Discussion During the period 1946 to 1951 naval aviators were trained, and served their first two years on active duty, as aviation midshipmen. In the other services and in the Navy since 1951, such training and duty were ~nd are performed in the status of commissioned officer, the status which aviation midshipmen were given at the successful completion of two years of active service. · H.R. 5056 provides that time spent in the status of aviation midshipman may be credited, as in the case of commissioned officers, for regular and reserve pay and ~etirement purposes. 1ru.p_1t ~M,£ Assistant Director for Legislative Reference Enclosures THE WHITE· HQ)JSE ACTION MEMORANDUM WASHINGTON LOG NO.: 1 Time: Date: December 20 1 1974 : 30 P~ • FOR ACTION: NSC/S _~ _ cc (for inf(jrmation): rre endriks Bhil Areeda -L.Y• - IJ Jerry J nes Max Priederador~ FROM THE STAFF SECRETARY DUE: Date: llonday, December 2 3 Time: noon SUBJECT: Enrolled Bill H.R. 5056 - Crediting Aviation Midshipman Service ACTION REQUESTED: --For Necesscuy Action .....--.. For Your Recommendations --Prepwe Agenda and Brief ___ Draft Reply -X-- For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West finq PLEASE ATTACH THIS COPY TO MATERIAL SUBMIT'I If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President DEPARTMENT OF THE NAVY OFFICE OF THE SECRETARY WASHINGTON. D. C. 20350 December 18, 1974 Dear Mr. Ash: Your transmittal sheet dated December 16, 1974, enclosing a facsimile of an enrolled bill of Congress, H.R. 5056, "To provide for crediting service as an aviation midshipman for purposes of retirement for nonregular service under chapter 67 of title 10, United States Code, and for pay purposes under title 37, United States Code," and requesting the comments of the Department of Defense, has been received. The Department of the Navy has been assigned the responsibility for the preparation of a report expressing the views of the Department of Defense. Section 1 of H.R. 5056 would authorize service as an aviation midshipman to be counted in determining eligibility for receipt of retired pay and in determining years of service for the purpose of computing retired pay under chapter 67 of title 10, United States Code. Section 2 of H.R. 5056 would authorize service as an aviation midshipman to be counted in determining years of service under section 205 of title 37, United States Code, for the purpose of computing the pay, allowances, and other benefits to which members of the uniformed services or their dependents will become entitled under title 37 for service performed on and after the date of enactment of the legislation. Section 2 would also authorize service as an aviation midshipman to be credited in deter­ mining the rate of basic pay used in computing retired pay for persons who become entitled to retired pay under section 1331 of title 10 on and after the date of enactment of the legislation. As used in H.R. 5056, the term "aviation midshipman" refers to a person who was enrolled as a naval aviation officer candidate in accordance with section 3(b) of the Act of August 13, 1946, chapter 962 (60 Stat. 1057), as amended; was appointed a midshipman in the Navy and ordered to active duty for flight training in accordance with section 3(b) of the Act; upon satisfactory completion of flight training, was designated a naval aviator and assigned to duty involving flying in accordance with section 5 of the Act; and, following satisfactory completion of two years of flight training and flight duty as a midshipman, was commissioned in accordance with section 6(a)(2) of the Act. The Navy's aviation midshipman program authorized by the Act was discontinued after a brief trial; authority for the program has been repealed. The Comptroller General has ruled that aviation midshipman service may be counted for the purpose of determining eligibility for retirement under section 6323 of title 10, United States Code (42 Comp. Gen. 669). H.R. 5056 would provide the same benefit for purposes of determining eligibility to receive retired pay for nonregular service. The approval of this legislation would result in no increase in the budgetary requirements of the Department of Defense. The Department of the Navy, on behalf of the Department of Defense, recommends approval of H.R. 5056. Sincerely yours, D. s. Potter Under Secretary of the Navy Honorable Roy L. Ash Director, Office of Management and Budget Washington, D.C. 20503 2 ~~- -------·-·-----'·----~- THE WHITE HOCSE ACTIO~ :\lE:.\lOR:\XDC:.\1 WASJ!l:.OGTON LOG NO.: 810 Date: December 20, 1974 Time: 9:30 p.m. FOR ACTION: NSC/S cc (for information): Warren Hendriks Phil Areeda v Jerry Jones Max Friedersdorf FROM THE S'FAFF SECRETARY • DUE: Date: Monday, December 23 Time: noon SUBJECT: Enrolled Bill H.R. 5056 - Crediting Aviation Midshipman Service ACTION REQUESTED: --For Necessa.ry Action ..x-- For Your Recommenda.tions -- Prepa.re Agenda. and Brief --Dra.ft Reply ...x...___ For Your Comments --Draft Rema.rks REMARKS: Please return to Judy Johnston, Ground Floor West Wing y -- PLEASE ATTACH THIS COPY TO M...I\TERIAL SUBMITTED. I£ you have any questions or i£ you cmticipa.te o. clelo.y in submiUing tho raquired mo.:exial, please Warren K. Hendriks­ telephone the Sta!£ Secre~o..ry immedio.t~ly. For the President THE WHITE HOUSE WASHINGTON December 23, 1974 MEMORANDUM FOR: WARREN HENDRIKS FROM: MAX L. FRIEDERSDORF SU~JECT: Action Memorandum - Log No. 810 Enrolled Bill H. R. 5056 - Crediting Aviation Midshipman Service The Office of Legislative Affairs concurs in the attached proposal and has no additional recommendations. Attachment 93n CoNGRESS } HOUSE OF REPRESENTATIVES REPORT f!d Session No. 93-1386 CREDITING OF CERTAIN SERVICE FOR Pl:JRPOSES OF RESERVE RETIREMENT SEPTEMBER 30, 1974.-Committed to the Committee of the Whole House on the State of the Union and ordered to be .Printed , Mr. STRATrON, from the Committee on Armed Services, submitted the following REPORT [To acorppany H.R.. 5056] The Committee on Armed Services, to whom was referred the bill (H.R. 5056) to provide for crediting service as an aviationmidship­ man for purposes of retirement for nonregular Service under chapter 87 of title 10, United States Code, and for pay purposes under title 37, United States Code, h.