Page:United States Statutes at Large Volume 114 Part 3.djvu/160

 114 STAT. 1654A-118 PUBLIC LAW 106-398 —APPENDIX as flagship, but, despite their recommendations. Secretary of the Navy James Forrestal ordered the court-martial, largely on the basis of the recommendation of Fleet Admiral Ernest King, Chief of Naval Operations. (8) There is no explanation on the public record for the overruling by Secretary Forrestal of the recommendations made by Admirals Nimitz and Spruance. (9) Captain McVay was the only commander of a United States Navy vessel lost in combat to enemy action during World War II who was subjected to a court-martial trial for such a loss, even though several hundred United States Navy ships were lost in combat to enemy action during World War II. (10) The survivors of the U.S.S. Indianapolis overwhelmingly conclude that Captain McVay was not at fault in the loss of the U.S.S. Indianapolis and have dedicated their lives to vindicating their Captain McVay. (11) Although promoted to the grade of rear admiral in accordance with then-applicable law upon retirement from the Navy in 1949, Captain McVay never recovered from the stigma of his post-war court-martial and in 1968, tragically, took his own life. (12) Charles Butler McVay, III— (A) was a graduate of the United States Naval Academy; (B) was an exemplary career naval officer with an outstanding record (including participation in the amphibious invasions of North Africa, the assault on Iwo Jima, and the assault on Okinawa where the U.S.S. Indianapolis under his command survived a fierce kamikaze attack); (C) was a recipient of the Silver Star earned for courage under fire during the Solomon Islands campaign; and (D) with the crew of the U.S.S. Indianapolis, had so thoroughly demonstrated proficiency in naval warfare that the Navy entrusted him and the crew of the U.S.S. Indianapolis with transporting to the Pacific theater components necessary for assembling the atomic bombs that were exploded over Hiroshima and Nagasaki to end the war with Japan (delivery of such components to the island of Tinian having been accomplished on July 25, 1945). (b) SENSE OF CONGRESS CONCERNING CHARLES BUTLER MCVAY, III. —With respect to the sinking of the U.S.S. Indianapolis (CA- 35) on July 30, 1945, and the subsequent court-martial conviction of the ship's commanding officer. Captain Charles Butler McVay, III, arising from that sinking, it is the sense of Congress, based on the review of evidence by the Senate and the House of Representatives— (1) that, in light of the remission by the Secretary of the Navy of the sentence of the court-martial and the restoration of Captain McVay to active duty by the Chief of Naval Operations, Fleet Admiral Chester Nimitz, the American people should now recognize Captain McVay's lack of culpability for the tragic loss of the U.S.S. Indianapolis and the lives of the men who died as a result of the sinking of that vessel; and (2) that, in light of the fact that certain exculpatory information was not available to the court-martial board and that Captain McVay's conviction resulted therefrom. Captain

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