NA34/A12 U.S. NAVAL AIR STATION 95:REC:mah KODIAK, ALASKA 0553 MAY 13 1946 From: Commanding Officer, Naval Air Station, Kodiak, Alaska. To: Chief of Naval Operations (History Unit, Op-33-J-6, Office of Editorial Research). Subj: History of NAS Kodiak, Alaska; submission of 1 January 1946 to 1 April 1946, supplement to. Refs: (a) Manual for Historical Officers, NavAer OO-25Q-26. (b) Aviation Circular Letter 22-46, serial 16-F-519, dated 8 February 1946. Encl: (A) History of NAS Kodiak, Alaska; supplement from 1 January 1946 to 1 April 1946 (2 copies). 1. In accordance with reference (a), and (b), enclosure (A) is sub- mitted herewith. R.R.LYONS cc: Com17 (w/encl) HISTORY OF U.S. NAVAL AIR STATION KODIAK, ALASKA IN THREE PARTS 1. Chronology 2. Narrative 3. Appendices Four copies submitted 1, April 1946 at U. S. Naval Air Station, Kodiak, Alaska. Copies 1 & 2 to Historical Unit Op-33-J-6 Office of Editorial Research Copy 3 to Com17, Kodiak, Alaska. Copy 4 to N.A.S., Kodiak, Alaska. U.S. NAVAL AIR STATION KODIAK, ALASKA 1. CHRONOLOGY 2. Commanding Officer of Naval Air Station (a) Name and Rank Raymond R. Lyons, Captain, USN (b) Dates of Command 30 August 1945 to present date. (c) Home Town Captain Raymond R Lyons, USn - Honolulu, T.H. 8. Commanding Officers of Squadron VPB-122 (a) Name and Rank Commander Leo R. Jensen, USN. (b) Dates of Command Commander Andrew Burgess, USN - 1 October 1944 to 25 march 1946. Commander Leo R. Jensen, USN - 25 March 1946 to present date. (c) Home Town Commander Leo R. Jensen, USN - Fort Dodge, Iowa. (d) Biographical data (see appendix 97) U.S. NAVAL AIR STATION KODIAK, ALASKA 2. NARRATIVE FUNCTIONAL ACTIVITIES _____________________ On 12 January 1946, Lt. Comdr. W. Hartley, USNR, attached to VPB- 122, piloting a PB4Y-2A, BuNo 59644, made a landing on runway 36, which had a layer of ice on it. It was impossible to get any traction and the plane skidded off the end of the runway at about 60 knots, landing in Buskin River. There were no injuries to the personnel; all usable gear was salvaged from the aircraft. On 12 February 1946, Comdr. A. L. Burgess, USN, Commanding Officer of VPB-122, ground looped a PB4Y-2A, BuNo 59783, causing damage to bomb-bay doors, port and starboard wing flaps, and completely demolishing the nose- wheel assembly. There were no injuries to personnel. Lt. Comdr. Peter Kasper, USNR, and Lieut. George H. Porter, USNR, de- parted from NAS Kodiak to NAS Adak, 23 February 1946, in station plane PBY-5A, BuNo 46626, to aid in the search for the Russian ship "Donbass" which had broken in two in the Bering Sea. After completing the mission, Lt. Comdr. Kasper and Lieut. Porter returned to their home station, NAS Kod- iak, on 28 February, 1946. In compliance with Com17 orderrs, on 2 March 1946, Lt. Comdr. Kasper and Lieut. Porter ferried PBY-5A, BuNo 48388, to NAS Seattle, Washington. On the same day, Lieut. J. R. Reynolds, USNR, ferried PBY-5A, BuNo 48332, from NAS Kodiak to NAS Seattle, Washington. -1- U.S. NAVAL AIR STATION KODIAK, ALASKA 2. NARRATIVE On 11 March 1946, Lieut. J. E. Jenkins, USN, and Lt. (jg) W. R. Green, USNR, ferried JRF-5, BuNo 34071, from NAS Kodiak to NAS Seattle, Washington, for overhaul. Lt. Comdr. T. Thompson, USNR, Lieut. G. H. Porter, USNR, and Lt. (jg) W. E. Green, USNR, departed NAS Kodiak, 23 March 1946, for NAS Attu, Ferry- ing PBY-5A, BuNo 46636. On 25 March 1946, at approximately 1445, a 1942 Nash taxicab, driven by John F. Kellogg, civilian, was bringing six officers to the Base from Kodiak. Mr. Kellogg drove down runway 10-28 to avoid snow drifts in the road. The driver neglected to make a right turn onto runway 36, continued on to the end of runway 28 and dropped off into St. Paul's Harbor, landing in approximately 4 feet of water. A passenger alerted the Joint Control Post and an ambulance was dispatched to the scene. The accident resulted in the casualties of two naval officers. (Commander, NOB, Kodiak report to Commandant, SEVENTEENTH Naval District, appendix 98, 99, 100, 101, and 102). -2- U.S. NAVAL AIR STATION KODIAK, ALASKA 3. APPENDICES 97. Biographical data of Commanding Officer, VPB-122. 98. Report of automobile accident involving fatalities to Naval personnel. 99. Report of Investigating Officer. 100. Casualty report of personnel involved. 101. Nine pictures taken at scene of crash. 102. Proceedings, findings, opinion, and recommendations of the Court of Inquiry, with exceptions, approved by Rear Admiral R. A. DAUBIN. U.S. NAVAL AIR STATION KODIAK, ALASKA A-97 Biographical Data of Commanding Officer VPB-122 (d) Commander Leo R. Jensen, USN. Born: 21 may 1915, Fort Dodge, Iowa. Father's name: Kay F. Jensen Mother's maiden name: Nanna Stranddel. Wife's Maiden Name: Clara Elizabeth Crawford. U. S. Naval Academy: Class of 1938. A-97 Page 1 of 2 U.S. NAVAL AIR STATION KODIAK, ALASKA Commander Jensen started his Naval career when he entered the Naval Academy on June 4, 1934. Upon graduation from the Academy on June 2, 1938, he was assigned to the U. S. S. Maryland, and remained aboard until 1939. He then served aboard the U. S. S. Tucker until September of 1940. In September 1940, Commander Jensen entered Flight Training at Pen- sacola, receiving his wings in April 1941. He was assigned to VP-12 (which was later changed to VP-24), until October 1943. In November 1943, he proceeded to Naval Air Station, Jacksonville, Florida, where he was assigned to VPB 2-1 until July of 1945. In July 1945, Commander Jensen was ordered to Naval Air Station, Hutchinson, Kansas, for one month training in PB4Y-2A's. In the latter part of August, he reported to Naval Air Station, Miami, Florida, for duty. He was attached to that station until November 1945, when he was ordered to duty at Camp Kearny, California. Commander Jensen reported aboard Naval Air Station, Kodiak, from Camp Kearny, in March 1946, where he relieved Commander A. L. Burgess, USN, as Commanding Officer of VPB-122. A-97 Page 2 of 2 NB181/L11-1(1) U.S. NAVAL AIR STATION 10;RRL:rfb KODIAK, ALASKA Serial: 0351 26 March 1946 From: Commander, Naval Operating Base, Kodiak, Alaska. To: Commandant, SEVENTEENTH Naval District. Subj: Report of Automobile Accident Involving Fatalities to Naval Personnel which Occurred at about 0445, 25 March 1946. Encls: (A) Report of Investigating Officer, Chief Boatswain C. E. Grant, USNR. (B) Casualty Report of Personnel Involved. (C) Nine Pictures Taken at Scene of Accident. 1. The accident reported on in enclosure (A) occurred at about 0445, 25 March 1946. The taxi cab driven by John F. Kellog, a civilian driver, ran off the seaward or easterly end of runway 10-28 into St. Paul's Har- bor and resulted in the death of two officers, one attached to the U.S.S. PC-786 and the other attached to the U.S.S. PC-793. The four remaining officers and Kellog, the driver, were injured. The only apparent reason for the unauthorized entry of this taxi cab onto the runways of the air- field is that the road at the west end of runway 07-25 was impassable as the result of drifted snow. 2. In view of the fact that this accident resulted in the death of two naval officers, it is recommended that a Court of Inquiry be ordered to inquire into the attendant circumstances. 3. Following is a list of witnesses who have knowledge of this accident in addition to the survivors thereof: Commander M. Cooperman, MC, USn Lt(jg) R. M. Raber, MC, USNR Lt(jg) J. H. Buchanan, (A)L, USNR Chief Boatswain C. E. Grant, USNR D. R. McKechnie, Seaman 1/c, USNR A. L. Bechtel, Jr., Yeoman 3/c, USNR R. H. Hanson, Signalman 3/c, USNR G. B. Sandifer, CSF, USN F. G. Ausman, PFC, USMCR John B. Richards, PhM 2/c, USNR Ermyl E. Buell, HA 2/c, USNI Herman R. Brown, PhM 3/c USNR John T. Brown, HA 1/c, USNI Charles B. Johnson, civilian, Cab Driver R. R. Lyons A-98 U.S. NAVAL AIR STATION KODIAK, ALASKA The following is the Administrative Report on an accident involving a Nash Sedan, driven by John F. Kellog, civilian, and carry- ing six naval officers as passengers: 1. The vehicle with passengers entered the Main Gate of the Naval Operating Base at 0415, 25 March 1946. At approximately 1425 the air clearance duty officer received a phone call, requesting permission for a vehicle to cross the runway. There is at present no proof as to who made this phone call, but it is believed that it was made by the J.O.O.D. in regard to a different cab departing from the Base. At ap- proximately 0450 one of the passengers appeared at the Control Tower, about 3/4 mile from this accident, and immediately the duty officer notified the dispensary to send an ambulance to the Tower as there had been an acident. This passenger was unable to give the location of the accident, except that it had happened at the landing field. The Duty Officer then drove to the landing field and found the scene of the ac- cident and additional survivors. In the meantime, ambulance had been dispatched and all the survivors were taken to the dispensary. The vehicle had gone straight off the eastward end of runway 10-28 and into the water, landing on its front end. There were no skid marks present on the runway to indicate the use of brakes; and the lack of wheel tracks in the gravel and snow at this end of the runway indicated that the vehicle went over the end at a high rate of speed. Immediately following the accident the car was resting in about 4 feet of water. A Bogan's test for alcohol was given to Kellogg, the driver, and showed a result of .5 which indicates a negligible amount of alcohol in his system. The weather was good; the skies had scattered clouds, the visibility was good, there was moonlight and the day was just dawning. The runway was relatively free of ice and snow. The description of the vehicle is as follows: 1942 Black Nash 4-door sedan Model - 600 Engine and serial No. K59955. Service No. 59314 1946 Alaska License No. 10089 Tag NOB No. 240 Condition - Total loss Owner - Bell's Cab Company, Kodiak, Alaska Enclosure (A) A-99 U.S. NAVAL AIR STATION KODIAK, ALASKA 25 March 1946 From: Medical Officer. To: Commander, Naval Operating Base, Kodiak, Alaska. Subj: Statement regarding admission and treatment of persons in- jured in automobile accident on Naval Operating Base this date. 1. The following named officers and one civilian were admitted to the Dispensary for injuries suffered in automobile accident near landing strip of the Base this date. While the injuries are of serious nature in some cases the condition of all patients is good at this time and there is no indication that any should be carried on the Serious or Critical list. Casualty report in compliance with ALNAV 120-45 has been submitted. CLAUSE, Robert D. Lt.(jg) USNR PC 793 Wounds contused, left side of face and nose. Frost bite, right ear. Cold, general effects of. JOHNSON, Walter W. Ensign, USNR PC 793 Wound, contusion, chin. Frostbite, both ears. Dislocation, left thumb. Wound, contusion, left knee. Cold, general effects of. OBENLAND, Richard A. Ensign, USNR PC 786 Wounds, lacerated, lower lip and chin. Wounds contused, lower lip and chin. Cold, general effects of. ROBINSON, James A. Ensign USNR PC 793 Fracture, simple right mandible. Frostbite left ear. Hematoma right subconjunctival. Cold general effects of. KELLOGG, John F. Civilian Cab Driver Wounds, lacerated multiple face. Frostbite, both hands. Cold, general effects of. 2. The following two officers are dead as result of this accident. SWARTZ, Charles E. Ensign, USNR PC 793 Cause of death: Primary: Drowning. Contributory: Cold, general effects of. WAYLAND, "E" Charles Ensign, USNR PC 786 Cause of death: Primary: Drowning. Contributory: Cold, general effects of. Enclosure ( B) E. F. LOWRY A-100 HEADQUARTERS SEVENTEENTH NAVAL DISTRICT FLEET POST OFFICE SEATTLE, WASHINGTON APRIL 22, 1946 The proceedings, findings, opinion and recommendations of the Court of Inquiry in the foregoing case are approved, except as hereinafter noted: The first recommendation of the court was that it be recommended to competent civil authorities that John F. Kellogg be charged with involuntary manslaughter as a result of a taxicab accident occurring on the seaward end of airstrip 10-28, Naval Air Station, Kodiak, Alaska, on March 25, 1946, in which two naval officers were killed. The abovementioned recommendation could only be predicated upon two findings. First, that the driver was violating Traffic Regulation No. 5 of the Joint Army-navy Vehicle and Traffic Regulations of the naval Operating Base, Kodiak, Alaska, and Fort Greely, Kodiak, Alaska, by driving on an un- authorized part of the runway, and, second, that the taxicab in question was being driven in excess of the speed limit of twenty-five (25) miles per hour. Testimony of all surviving occupants of the cab was to the effect that the legal thoroughfare to the Naval Operating Base was blocked by snow and for that reason it seemed advisable to use the ramp. The driver of the cab testified that he was not cognizant of the rule against using the said ramp, but did understand that when the green light was on in the signal tower, Naval Operating Base, Kodiak, Alaska, that it was permissable. The speed at which the car was driven was not conclusively established, but the opinion of all surviving occupants was that it was between thirty (30) and thirty-five (35) miles per hour, that the car was in good mechan- ical condition, that the lights were burning and that visibility was fair- ly good. The elements of involuntary manslaughter are set out in Title 18, Sec- tion 453 USCA as follows: "* * * In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlaw- ful manner, or without due caution and circumspection." In order to obtain a conviction of involuntary manslaughter against John F. Kellogg, it will be necessary to establish that he was driving with- out due caution and circumspection and wrongfully with wanton, gross and culpable negligence, I.E. with such aggravated negligence as to render him criminally responsible. Gross negligence means something more than mere negligence. It means wantonness and disregard for consequences which may ensue and indifference to the rights of others that is equivalent to a criminal intent. It is not the law that a driver is guilty of manslaughter just because his vehicle is an instrumentality by means of which someone is killed. Criminal liability, therefore, may not be predicated upon every A-102 Page 1 of 3 act carelessly performed merely because such carelessness results in the death of another; to become criminal so as to afford the basis of a convic- tion for manslaughter negligence must be reckless or wanton and of such character as to show an utter disregard of the safety under circumstances likely to cause injury (People v. Schnider, 360 Ill. 43, 195 N.E. 430). Furthermore such aggravated conduct if constituting such criminal negligence must be the proximate cause of the homicide, that is, that the death occurred as a direct, immediate and natural consequence of the conduct of the accused. (N.C. & E., Secs. 119, 151: 153 C.M.O.s 39, 1919,15,12, 1931,17; 265, Fed. 991.) The court found that the car was being driven in excess of the es- tablished speed limit of twenty-five (25) miles per hour, to wit: between thirty (30) and thirty-five (35) miles per hour. however, the driving of an automobile slightly in excess of the speed limit is not an unlawful act such as to make the offender guilty of "Involuntary Manslaughter".(N.C. & B.Sec.119.) A judgement for conviction for criminal negligence can not be maintained upon proof of speed alone. The proof of speed together with other circumstances, must be of such character as to show a reckless dis- regard to the rights of others. (People v. Gardner, 255(App.Div.) N.Y.X. 683). The question which presented itself is whether the record showed other circumstances of such a nature as to insure a conviction. Such does not seem to be the case. In a case of this kind the essential element of criminal negligence can be established legally only by proof of the criminal acts inferred. The criminal intent, if any, is to be inferred from these acts. The testimony showed that John F. Kellogg was forced by circumstances to deviate from the usual thoroughfare and to use the ramp instead. It appears to be the law that when a person is suddenly faced with a situation that demands immediate and positive action and although the course of action he determined upon and took in the light of subsequent happenings shows that his judgement is faulty, he should not be held for results con- sequent upon such errors of judgement. "No one can be charged with careless- ness, when he does that which in his judgement appears right or where he omits to do that of which he had no time to judge. Such act of omission, if faulty, may be called a mistake but not carelessness." (Brown v. French, 104Pa.St.604: William V. Lebar 141Ps.St.149, 21, Atl. Rep.525). The incident which gave rise to this court of inquiry is indeed regret- table in that it cost the lives of two naval officers. However, because John F. Kellogg is a civilian, the prosecution of this matter is purely at the disretion of civil authorities and not the Navy. Civil authorities in Kodiak absolved the said John F. Kellogg of all criminal responsibillity, as a result of which he has already departed this territory for the United States. A-102 Page 2 of 3 In view of the foregoing and the additional fact that evidence of criminal negligence sufficient to prosecute a case to conviction is con- sidered lacking, the first recommendation of the court is not approved F. A. DAUBIN, Rear Admiral, U. S. Navy, Commandant, SEVENTEENTH Naval District. A-102 Page 3 of 3