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[No. 14]

TO CORRECT THE NAVAL RECORD OF JAMES ALLEN (H. R. 12975)

26255-1186-L

NAVY DEPARTMENT, Washington, December 6, 1926.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of June 22, 1926, inclosing the bill H. R. 12975, "To correct the naval record of James Allen," and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The records of the Navy Department show that James Allen enlisted in the Navy at Yerba Buena Island, Calif., on January 15, 1901, to serve for a period of four years. During this enlistment his record shows he committed the following offenses:

May 7, 1901. Disobedience of orders.

September 25, 1901. Absent over leave two hours.

May 22, 1902. Drunk and disorderly.

May 22, 1902. Assaulted master-at-arms who was performing his duty.

October 4, 1902. Not airing bedding.

December 22, 1902. Fifty-six hours over leave.

December 26, 1902. Leaving ship without permission.

September 5, 1903. Under the influence of liquor on board ship so much as to be unfit for duty, he not having been on liberty, summary court-martial. Sentenced to lose pay amounting to $90, and to be discharged from the naval service with bad-conduct discharge. The bad-conduct discharge adjudged in Allen's case was executed on November 30, 1903.

The enactment into law of the bill H. R. 12975 in its present form would result in Allen being entitled to payment of any forfeitures of pay to which he may have been subjected on account of the commission of any of the offenses above stated. The Navy Department is opposed to any such payments being made to Allen, and therefore recommends that the bill be amended by adding at the end thereof a saving clause providing that no back pay or allowances shall accrue to Allen by reason of the passage of this proposed legislation. It is further recommended that the prefix "ex," appearing in line 5 of the bill, be stricken out, since the purpose of the bill is to hold that Allen was honorably discharged from the naval service as fireman, second class, and not as an ex-fireman, second class.

The bill H. R. 12975 was referred to the Commissioner of Pensions for information as to whether its enactment would result in a pension charge against the Government, and there is inclosed herewith for the committee's information a copy of the reply received from the Assistant Secretary of the Interior Department, dated July 28, 1926, which is self-explanatory.

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The bill H. R. 12975 was also referred to the Director of the Bureau of the Budget with the above information as to cost and a statement to the effect that the Navy Department contemplated making an unfavorable recommendation on the bill, and under date of September 28, 1926, the Navy Department was advised that this report would not be in conflict with the financial program of the President.

In view of the above and the fact that this proposed legislation is individual in character and is not for the general good of the naval service, the Navy Department does not recommend the enactment of the bill H. R. 12975.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

DEPARTMENT OF THE INTERIOR,
Washington, July 28, 1926.

The SECRETARY OF THE NAVY.

MY DEAR MR. SECRETARY: I am in receipt of your letter of the 10th instant (26255-1186-L), inclosing a copy of a bill (H. R. 12975) to correct the naval record of James Allen, concerning which you ask whether its enactment would result in a pension charge against the Government.

As stated in your letter, this man was not honorably discharged from his enlistment. The bill proposes to consider him as having been honorably discharged. Should it pass, he would be eligible to pension under the act of May 1, 1926, as he served from January 15, 1901, to November 30, 1903. That act provides a rate proportioned to the degree of inability to earn a support by manual labor, with a minimum of $20 per month and a maximum of $50.

As the beneficiary has not filed a claim for pension and his physical condition is not known, it would not be possible to state just how much of a charge the enactment of the bill would create on the pension roll.

Very truly yours,

26255-1186.

JOHN H. EDWARDS, Assistant Secretary.

A BILL To correct the naval record of James Allen

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That James Allen shall hereafter be held and considered to have been honorably discharged from the naval service of the United States as ex-fireman, second class.

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AUTHORIZING THE COURT OF CLAIMS OF THE UNITED STATES TO HEAR AND DETERMINE THE CLAIM OF GIACOMO UZZOLINO (H. R. 12528)

26250-3536:3-L

NAVY DEPARTMENT, Washington, December 6, 1926.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 19, 1926, inclosing the bill H. R. 12278, and the committee's letter of June 1, 1926, inclosing the bill H. R. 12528, both bills "authorizing the Court of Claims of the United States to hear and determine the claim of Giacomo Uzzolino," and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The records of the Navy Department show that John Vito Uzzolino was born on May 23, 1906, and enlisted in the Navy on March 4, 1924, at Newark, N. J., as an apprentice seaman. He died in the naval hospital, Norfolk, Va., of powder burns, on October 22, 1924, as the result of a turret explosion on board the U. S. S. Trenton on October 20, 1924. The claim of Mrs. Christina Uzzolino, mother of John Vito Uzzolino, for the six months' gratuity was settled by the General Accounting Office in the sum of $216 on January 30, 1925.

The records further show that Uzzolino carried no Government insurance, nor is there any record in the files of the Navy Department showing that any allotment was granted by him during his period of service in the Navy.

The Navy Department is unable to estimate the cost of this proposed legislation for the reason that it has no way of determining what damages, if any, Uzzolino's father suffered through the death of his son.

The bill H. R. 12278 was referred to the Director of the Bureau of the Budget with the above information as to cost and a statement to the effect that the Navy Department contemplated making an unfavorable recommendation on the bill, and under date of September 28, 1926, the Navy Department was advised that this report would not be in conflict with the financial program of the President.

In view of the above the Navy Department does not recommend enactment of the legislation proposed by the bills H. R. 12278 and H. R. 12528.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL Authorizing the Court of Claims of the United States to hear and determine the claim of Giacomo Uzzolino

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims of the United States to hear, examine, adjudicate, and render judgment on the claim of Giacomo Uzzolino, of the city of Newark, State of New Jersey, for damages resulting from the death of John V. Uzzolino, his son, who was burned to death on board the United States ship Trenton, October 20, 1924, as the result of a boiler explosion due to defective equipment.

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[No. 16]

FOR THE RELIEF OF JAMES WALSH (H. R. 12433)

26255-1172-L.

NAVY DEPARTMENT, Washington, December 6, 1926.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 26, 1926, inclosing the bill H. R. 12433, "For the relief of James Walsh," and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The records of the Navy Department show that James Walsh enrolled in the Naval Reserve Force on May 8, 1917, as a lieutenant; attained the rank of lieutenant commander on September 5, 1917; on January 7, 1920, he was transferred to the inactive list. At that time he was serving in the rank of lieutenant commander. On May 7, 1921, he was honorably discharged from the naval service.

Mr. Walsh now seeks to be appointed a lieutenant commander in the United States Naval Reserve and to be immediately thereafter placed upon the retired list with the retired pay of that grade. In this connection attention is invited to the fact that the retired list of the Navy is solely for the benefit of the regular active list; that is, its sole purpose is to keep the regular active list a healthy, sound, and efficient body, and for that purpose the retired list is correctly conceived to take care of disabled regulars. Officers and men not of the regular establishment who become disabled during a war which calls out excess man power over and above the regular establishment should be liberally cared for. Also, though the expense of this care and treatment should be borne by the Government, it should not properly be charged against the regular appropriations of the Navy Department. There are many cases similar to that of Mr. Walsh and the appropriations for the naval service can ill afford to bear the continuing drain of retirements for such purposes. Such expense, if justified, should be borne by the United States Veterans' Bureau.

The bill H. R. 12433, which will cost the Government $1,890 per annum if enacted into law, was referred to the Bureau of the Budget with information that the Navy Department contemplated making an unfavorable report thereon, and under date of August 3, 1926, the Navy Department was advised that this proposed report would not be in conflict with the financial program of the President.

Attention is invited to the fact that the act approved February 28, 1925 (43 Stat. 1081), expressly repealed all provisions of the act of July 12, 1921, relating to the Naval Reserve Force. As the apparent purpose of this bill is to confer upon Mr. Walsh the benefits provided by section 6 of the act of July 12, 1921, it would appear necessary to (61)

20038-26-No. 16

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