B-72718, MAY 18, 1948, 27 COMP. GEN. 699

B-72718: May 18, 1948

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHO ARE RECEIVING HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION PURSUANT TO SECTION 4 OF THE ACT OF JULY 19. ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 1 (B) OF THE ACT OF AUGUST 8. SAID SECTION 1 (B) HAVING MERELY SUPERSEDED THE SIMILAR PARAGRAPH VI (B) OF VETERANS REGULATION NUMBERED 6 (C) WHICH WAS NOT APPLICABLE TO RETIRED NAVAL PERSONNEL. ARE SUBJECT TO THE SIMILAR PROVISIONS OF SECTION 1 (A) OF THE ACT OF AUGUST 8. IS APPLICABLE TO RETIRED NAVAL PERSONNEL WHILE RECEIVING HOSPITAL. MARINE CORPS AND COAST GUARD WHO SERVED HONORABLY DURING A WAR PERIOD AS RECOGNIZED BY THE VETERANS' ADMINISTRATION ARE ENTITLED TO HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE ACT OF JULY 19.

B-72718, MAY 18, 1948, 27 COMP. GEN. 699

RETIRED NAVY PERSONNEL - PAY DURING HOSPITALIZATION AT VETERANS' ADMINISTRATION FACILITIES MENTALLY INCOMPETENT RETIRED NAVAL PERSONNEL, WITHOUT DEPENDENTS, WHO ARE RECEIVING HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION PURSUANT TO SECTION 4 OF THE ACT OF JULY 19, 1939, AS AMENDED, ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 1 (B) OF THE ACT OF AUGUST 8, 1946, REQUIRING THE TOTAL SUSPENSION OF COMPENSATION BENEFITS TO INCOMPETENT VETERANS HAVING ESTATES OF $1,500 OR MORE, SAID SECTION 1 (B) HAVING MERELY SUPERSEDED THE SIMILAR PARAGRAPH VI (B) OF VETERANS REGULATION NUMBERED 6 (C) WHICH WAS NOT APPLICABLE TO RETIRED NAVAL PERSONNEL. RETIRED NAVAL PERSONNEL, WITHOUT DEPENDENTS, WHO RECEIVE HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS ADMINISTRATION PURSUANT TO SECTION 4 OF THE ACT OF JULY 19, 1949, AS AMENDED, MAKING SUCH PERSONNEL SUBJECT TO THE PROVISIONS OF PARAGRAPH VI (A) OF VETERANS REGULATION NUMBERED 6 (C), RESPECTING REDUCTION IN RETIRED PAY WHILE RECEIVING HOSPITALIZATION OR DOMICILIARY CARE, ARE SUBJECT TO THE SIMILAR PROVISIONS OF SECTION 1 (A) OF THE ACT OF AUGUST 8, 1946, WHICH SUPERSEDED PARAGRAPH VI (A) OF SAID REGULATION.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MAY 18, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 6, 1948 (FILE JAG:II:RDF:MH:ED L16-4 (21) ( LV) REQUESTING DECISION AS TO WHETHER THE ACT OF AUGUST 8, 1946, 60 STAT. 908, IS APPLICABLE TO RETIRED NAVAL PERSONNEL WHILE RECEIVING HOSPITAL, INSTITUTIONAL OR DOMICILIARY CARE IN VETERANS' ADMINISTRATION FACILITIES SO AS TO SUBJECT MENTALLY INCOMPETENT RETIRED NAVAL PERSONNEL TO TOTAL SUSPENSION OF RETIRED PAY WHERE THE ESTATE OF SUCH INCOMPETENT PERSON AMOUNTS TO $1,500 OR MORE.

RETIRED OFFICERS AND ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS AND COAST GUARD WHO SERVED HONORABLY DURING A WAR PERIOD AS RECOGNIZED BY THE VETERANS' ADMINISTRATION ARE ENTITLED TO HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE ACT OF JULY 19, 1939, 53 STAT. 1070, AS AMENDED BY THE ACT OF DECEMBER 22, 1941, 55 STAT. 850, AND SECTION 1 OF THE ACT OF MAY 23, 1944, 58 STAT. 255, 38 U.S.C. 706B, WHICH PROVIDES IN PART AS FOLLOWS:

SEC. 4. IN THE ADMINISTRATION OF LAWS PERTAINING TO VETERANS, RETIRED OFFICERS, AND ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, WHO SERVED HONORABLY DURING A WAR PERIOD AS RECOGNIZED BY THE VETERANS' ADMINISTRATION, SHALL BE, AND ARE ENTITLED TO HOSPITALIZATION AND DOMICILIARY CARE IN THE SAME MANNER AND TO THE SAME EXTENT AS VETERANS OF ANY WAR ARE NOW OR MAY HEREAFTER BE FURNISHED HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION AND SUBJECT TO THOSE PROVISIONS OF PARAGRAPH VI (A) OF VETERANS REGULATIONS NUMBERED 6 (C), WHICH PROVIDE FOR REDUCTION OF MOMENTARY BENEFITS TO VETERANS HAVING NEITHER WIFE, CHILD NOR DEPENDENT PARENT WHILE BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL, OR DOMICILIARY CARE.

PARAGRAPH VI (A) OF VETERANS REGULATION NUMBERED 6 (C/--- EXECUTIVE ORDER NO. 6775, DATED JUNE 30, 1934--- REFERRED TO IN THE SAID SECTION 4, PROVIDED AS FOLLOWS:

3. PARAGRAPH VI OF VETERANS REGULATION NO. 6 (A), AS AMENDED BY VETERANS REGULATION NO. 6 (B), IS AMENDED AS FOLLOWS:

"VI. (A) WHERE ANY DISABLED VETERAN HAVING NEITHER WIFE, CHILD, NOR DEPENDENT PARENT IS BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE UNITED STATES OR ANY POLITICAL SUBDIVISION THEREOF, THE PENSION, COMPENSATION, OR EMERGENCY OFFICERS' RETIREMENT PAY SHALL NOT EXCEED $15 PER MONTH, PROVIDED THAT THE AMOUNT PAYABLE FOR SUCH DISABLED VETERAN ENTITLED TO PENSION FOR DISABILITY THE RESULT OF INJURY OR DISEASE INCURRED AFTER ACTIVE MILITARY OR NAVAL SERVICE SHALL NOT EXCEED $6 PER MONTH, AND PROVIDED FURTHER, THAT WHERE ANY DISABLED VETERAN WHO IS BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE UNITED STATES OR ANY POLITICAL SUBDIVISION THEREOF, HAS A WIFE, CHILD, OR DEPENDENT PARENT THE PENSION, COMPENSATION, OR EMERGENCY OFFICERS' RETIREMENT PAY MANY, IN THE DISCRETION OF THE ADMINISTRATOR, BE APPORTIONED ON BEHALF OF SUCH WIFE, OR DEPENDENT PARENT, IN ACCORDANCE WITH INSTRUCTIONS ISSUED BY THE ADMINISTRATOR.

PARAGRAPH VI (B) OF THE SAID REGULATION PROVIDED AS FOLLOWS:

(B)WHERE ANY DISABLED VETERAN HAVING NEITHER WIFE, CHILD, NOR DEPENDENT PARENT IS BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE UNITED STATES OR ANY POLITICAL SUBDIVISION THEREOF AND SHALL BE DEEMED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS TO BE INSANE, THE PENSION, COMPENSATION, OR EMERGENCY OFFICERS' RETIREMENT PAY FOR SUCH VETERAN SHALL BE IN THE AMOUNTS OR EMERGENCY OFFICERS' RETIREMENT PAY FOR SUCH VETERAN SHALL BE IN THE AMOUNTS SPECIFIED IN (A) ABOVE, PROVIDED THAT IN ANY CASE WHERE THE ESTATE OF SUCH DISABLED INSANE VETERAN DERIVED FROM FUNDS PAID UNDER THE WAR RISK INSURANCE ACT, AS AMENDED, THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED, THE EMERGENCY OFFICERS' RETIREMENT ACT OF MAY 24, 1928, THE SEVERAL PENSION ACT, PUBLIC NO. 2, 73D CONGRESS, PUBLIC NO. 78, 73D CONGRESS, OR PUBLIC NO. 141, 73D CONGRESS EQUALS OR EXCEEDS $1,500, FURTHER PAYMENTS OF SUCH BENEFITS WILL NOT BE MADE UNTIL THE ESTATE DERIVED FROM SUCH FUNDS IS REDUCED TO $500: PROVIDED FURTHER, THAT ALL OR ANY PART OF THE PENSION, COMPENSATION OR EMERGENCY OFFICERS' RETIREMENT PAY PAYABLE ON ACCOUNT OF SUCH DISABLED INSANE VETERAN MAY, IN THE DISCRETION OF THE ADMINISTRATOR, AND IN ACCORDANCE WITH INSTRUCTIONS ISSUED BY THE ADMINISTRATOR, BE PAID TO THE CHIEF OFFICER OF THE INSTITUTION WHEREIN THE DISABLED VETERAN IS BEING MAINTAINED, TO BE PROPERLY ACCOUNTED FOR BY SAID CHIEF OFFICER AND TO BE USED FOR THE BENEFIT OF SUCH DISABLED VETERAN; OR MAY BE PAID TO THE GUARDIAN OF SUCH DISABLED VETERAN IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 1 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED; OR, IN THE EVENT OF DISABLED VETERAN HAS A WIFE, CHILD, OR DEPENDENT PARENT, MAY, IN THE DISCRETION OF THE ADMINISTRATOR, BE APPORTIONED ON BEHALF OF SUCH WIFE, CHILD OR DEPENDENT ARENT; OR OTHERWISE BE DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED JULY 3, 1930.

SECTION 4 OF THE ACT OF JULY 19, 1939, AS AMENDED, SUPRA, SPECIFICALLY SUBJECTS RETIRED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS AND COAST GUARD TO THE PROVISIONS OF PARAGRAPH VI (A) OF VETERANS REGULATION NUMBERED 6 (C), BUT MAKES NO MENTION OF PARAGRAPH VI (B) OF THE SAID REGULATION, RESPECTING THE SUSPENSION OF PENSION, COMPENSATION OR RETIREMENT PAY OF INSANE VETERANS HAVING NO DEPENDENTS WHEN THEIR ESTATE EQUALS OR EXCEEDS $1,500. HOWEVER, SECTION 1 (E) OF THE ACT OF AUGUST 8, 1946, 60 STAT. 908, 910, SPECIFICALLY REPEALED SUBPARAGRAPHS (A), (B), (C) AND (D) OF PARAGRAPH VI OF VETERANS REGULATION NUMBERED 6 (A), AS AMENDED, INCLUDING VETERANS REGULATION NUMBERED 6 (C), SUPRA. SECTION 1 (A) OF THE SAID ACT OF AUGUST 8, 1946, 60 STAT. 908, PROVIDES THAT VETERANS WITHOUT DEPENDENTS WHO ARE FURNISHED HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION SHALL CONTINUE TO RECEIVE THEIR PENSION, COMPENSATION OR RETIREMENT PAY WITHOUT DEDUCTION UNTIL THE FIRST DAY OF THE SEVENTH CALENDAR MONTH FOLLOWING ENACTMENT OF THIS ACT, OR THE MONTH OF ADMISSION FOR TREATMENT OR CARE, WHICHEVER IS THE LATER. IF TREATMENT CONTINUES BEYOND THAT PERIOD CERTAIN REDUCTIONS ARE REQUIRED TO BE MADE IN THE VETERANS' PENSION, COMPENSATION OR RETIREMENT PAY BUT THE AMOUNT OF SUCH REDUCTION IS TO BE REFUNDED IN A LUMP SUM UPON ULTIMATE RELEASE FROM THE HOSPITAL, PROVIDED THE VETERAN'S RELEASE FROM THE HOSPITAL IS APPROVED BY PROPER AUTHORITY. ALSO, PROVISION IS MADE THEREIN FOR THE DISPOSITION OF SUCH LUMP-SUM ACCUMULATION IN THE EVENT OF THE VETERAN'S DEATH PRIOR TO RELEASE FROM THE HOSPITAL OR PAYMENT OF SUCH LUMP SUM. SECTION 1 (B) OF THE SAID ACT, 60 STAT. 909--- THE SECTION PRIMARILY HERE INVOLVED--- READS AS FOLLOWS:

(B) WHERE ANY VETERAN HAVING NEITHER WIFE, CHILD, NOR DEPENDENT PARENT IS BEING FURNISHED TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION, AND SHALL BE RATED BY THE VETERANS' ADMINISTRATION IN ACCORDANCE WITH REGULATIONS AS BEING INCOMPETENT BY REASON OF MENTAL ILLNESS, THE PENSION, COMPENSATION, OR RETIREMENT PAY FOR SUCH VETERAN SHALL BE SUBJECT TO THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION: PROVIDED, THAT NO PAYMENT OF A LUMP SUM HEREIN AUTHORIZED SHALL BE MADE UNTIL AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING A FINDING OF COMPETENCY: PROVIDED FURTHER, THAT IN ANY CASE WHERE THE ESTATE OF SUCH INCOMPETENT VETERAN DERIVED FROM ANY SOURCE OR EXCEEDS $1,500, FURTHER PAYMENTS OF SUCH BENEFITS WILL NOT BE MADE UNTIL THE ESTATE IS REDUCED TO $500: AND PROVIDED FURTHER, THAT ALL OR ANY PART OF THE PENSION, COMPENSATION, OR RETIREMENT PAY PAYABLE ON ACCOUNT OF ANY INCOMPETENT VETERAN MAY, IN THE DISCRETION OF THE ADMINISTRATOR, AND IN ACCORDANCE WITH INSTRUCTIONS ISSUED BY THE ADMINISTRATOR, BE PAID TO THE CHIEF OFFICER OF THE INSTITUTION WHEREIN THE VETERAN IS HOSPITALIZED, TO BE PROPERLY ACCOUNTED FOR BY SAID CHIEF OFFICER AND TO BE USED FOR THE BENEFIT OF THE VETERAN; OR MAY BE PAID TO THE GUARDIAN OF THE VETERAN IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 1 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED; OR, IN THE EVENT THE VETERAN HAS A WIFE, CHILD, OR DEPENDENT PARENT, MAY, IN THE DISCRETION OF THE ADMINISTRATOR, BE PAID TO HIS WIFE OR APPORTIONED ON BEHALF OF SUCH WIFE, CHILD, OR DEPENDENT PARENT; OR OTHERWISE BE DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED. (ITALICS SUPPLIED.)

THUS IT WILL BE NOTED TO THE ACT OF AUGUST 8, 1946, THE RIGHTS OF RETIRED OFFICERS AND ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS AND COAST GUARD, WITHOUT DEPENDENTS, OTHERWISE ENTITLED TO HOSPITALIZATION OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION, WERE, BY EXPRESS PROVISION OF THE 1939 ACT, 53 STAT. 1070, SUBJECT TO THE PROVISIONS OF PARAGRAPH VI (A) OF VETERANS REGULATION NUMBERED 6 (C) RESPECTING REDUCTION IN PENSION, COMPENSATION OR RETIREMENT PAY WHILE RECEIVING HOSPITALIZATION BY THE VETERANS' ADMINISTRATION BUT THE RIGHTS OF SUCH PERSONNEL WERE NOT, BY EXPRESS PROVISION, SUBJECT TO THE PROVISIONS OF PARAGRAPH VI (B) OF SAID REGULATION, RESPECTING TOTAL SUSPENSION OF RETIREMENT PAY OF INSANE VETERANS WHEN THEIR ESTATE EQUALS OR EXCEEDS $1,500. IN VIEW THEREOF, YOU EXPRESS DOUBT AS TO WHETHER SUCH RETIRED OFFICERS AND ENLISTED MEN OF THE NAVY NOW ARE SUBJECT TO THE PROVISIONS OF SECTION 1 (B) OF THE ACT OF AUGUST 8, 1946, SUPRA.

IT HAS BEEN HELD THAT RETIRED OFFICERS AND ENLISTED MEN OF THE NAVY AND TRANSFERRED MEMBERS OF THE FLEET RESERVE HAVING NO DEPENDENTS WERE SUBJECT TO THE $15 PER MONTH LIMITATION ON RETIRED OR RETAINER PAY SPECIFIED IN PARAGRAPH VI (A) OF VETERANS' REGULATION NUMBERED 6 (C) WHILE RECEIVING HOSPITALIZATION OR DOMICILIARY CARE PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE ACT OF JULY 19, 1939, AS AMENDED. 19 COMP. GEN. 431. HOWEVER, SINCE THE 1939 ACT EXPRESSLY SUBJECTED RETIRED OFFICERS AND ENLISTED MEN OF THE NAVY TO THE PROVISIONS OF PARAGRAPH VI (A) OF VETERANS REGULATION NUMBERED 6 (C) AND MADE NO MENTION OF PARAGRAPH VI (B) OF THE REGULATION, IT MUST BE CONCLUDED UNDER THE LEGAL MAXIM EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS THAT PARAGRAPH VI (B) OF THE SAID REGULATION HAD NO APPLICATION TO OFFICERS AND ENLISTED MEN REFERRED TO IN THE 1939 ACT. THE ACT OF AUGUST 8, 1946, EXPRESSLY REPEALED EXISTING REGULATIONS IN THE MATTER--- WHICH REGULATIONS HAD THE FORCE AND EFFECT OF LAW--- AND ENACTED IN LIEU THEREOF LIBERALIZED PROVISIONS DEALING WITH THE SAME SUBJECT MATTER THERETOFORE CONTAINED IN VETERANS REGULATION NUMBERED 6 (A) AS AMENDED; AND, IT SEEMS CLEAR THAT PARAGRAPH (A) OF SECTION 1 OF THE ACT OF AUGUST 8, 1946, WAS DESIGNED TO REPLACE SUBPARAGRAPH (A) OF PARAGRAPH VI OF VETERANS REGULATION NUMBERED 6 (A), AS AMENDED, AND THAT PARAGRAPH (B) OF THE SAID ACT WAS DESIGNED TO REPLACE SUBPARAGRAPH VI (B) OF THE SAID REGULATION. SEE REPORT NO. 1745, COMMITTEE ON FINANCE, U.S. SENATE, ON H.R. 6811, WHICH BECAME THE ACT OF AUGUST 8, 1946. THUS, SINCE OFFICERS AND ENLISTED MEN WITHIN THE PURVIEW OF THE 1939 ACT, AS AMENDED, WERE NOT SUBJECT TO THE PROVISIONS OF PARAGRAPH VI (B) OF THE REGULATION IN EFFECT PRIOR TO THE ENACTMENT OF THE ACT OF AUGUST 8, 1946, AND AS SUCH ACT SUPERSEDED PRIOR REGULATIONS IN THE MATTER, IT WOULD APPEAR THAT, INSOFAR AS CONCERNS SECTION 4 OF THE ACT OF JULY 19, 1939, AS AMENDED, THE EFFECT OF THE REPEAL OF SUCH PRIOR REGULATION AND ENACTMENT OF LIBERALIZED PROVISIONS RESPECTING REDUCTION OF PENSION, COMPENSATION OR RETIREMENT PAY WAS TO AMEND SECTION 4 OF THE ACT OF 1939, AS AMENDED, SO AS TO SUBJECT RETIRED PERSONNEL WITHIN THE PROVISION OF THAT ACT TO THE SUBSTITUTE PROVISIONS OF SECTION 1 (A) OF THE ACT OF AUGUST 8, 1946. THAT IS TO SAY, SECTION 4 OF THE ACT OF JULY 19, 1939, AS AMENDED, IS TO BE VIEWED AS THOUGH THAT PART OF SECTION 4 OF THE ACT, AS AMENDED, SUBJECTING PERSONNEL WITHIN ITS PROVISIONS "TO THOSE PROVISIONS OF PARAGRAPH VI (A) OF VETERANS REGULATION NUMBERED 6 (C)," HAD BEEN AMENDED SO AS TO SUBJECT SUCH PERSONNEL "TO THOSE PROVISIONS OF SECTION 1 (A) OF THE ACT OF AUGUST 8, 1946.'

SUCH VIEW OF THE MATTER NOT ONLY IS IN CONSONANCE WITH THE PRIOR CONGRESSIONAL POLICY OF SUBJECTING SUCH RETIRED PERSONNEL TO THE SAME CONDITIONS IMPOSED UPON OTHER VETERANS RECEIVING HOSPITALIZATION OR DOMICILIARY CARE AT VETERANS' ADMINISTRATION FACILITIES BUT ALSO IS IN CONSONANCE WITH THE APPARENT CONGRESSIONAL VIEW THAT SUCH RETIRED PERSONNEL OF THE NAVY WERE WITHIN THE PURVIEW OF CERTAIN PROVISIONS OF SECTION 1 OF THE 1946 ACT, AS EVIDENCED BY THE FACT THAT VETERANS OF THE " REGULAR ESTABLISHMENT" WERE INCLUDED IN THE ESTIMATED COST OF SECTION 1 OF THE 1946 ACT. SEE REPORT NO. 1745, COMMITTEE ON FINANCE, U.S. SENATE, PAGE 10. HOWEVER, PRIOR TO THE ACT OF AUGUST 8, 1946, RETIRED PERSONNEL OF THE NAVY, OTHERWISE WITHIN THE ACT OF JULY 19, 1939, AS AMENDED, WERE NOT WITHIN THE PROVISIONS OF PARAGRAPH VI (B) OF VETERANS REGULATION NUMBERED 6 (A), AS AMENDED, RESPECTING TOTAL SUSPENSION OF RETIRED PAY OF INCOMPETENT VETERANS WHEN THEIR ESTATE EQUALS OR EXCEEDS $1,500, AND I FIND NOTHING IN THE ACT OF AUGUST 8, 1946, OR ITS LEGISLATIVE HISTORY, WHICH INDICATES THAT THE SUBSTITUTE PROVISIONS OF SECTION 1 (B) OF THE 1946 ACT WERE INTENDED TO BE BROADENED SO AS TO INCLUDE CLASSES OF RETIRED OFFICERS AND ENLISTED MEN NOT THERETOFORE WITHIN THE PROVISIONS OF PARAGRAPH VI (B) OF THE PRIOR REGULATION. ACCORDINGLY, IT IS CONCLUDED THAT RETIRED PERSONNEL OF THE NAVY OTHERWISE WITHIN THE PROVISIONS OF SECTION 4 OF THE ACT OF JULY 19, 1939, AS AMENDED, ARE SUBJECT TO THE PROVISIONS OF SECTION 1 (A) OF THE ACT OF AUGUST 8, 1946, BUT ARE NOT SUBJECT TO THE PROVISIONS OF 1 (B) OF THE SAID ACT.