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[No. 22]

FOR THE RELIEF OF JOHN JOSEPH SULLIVAN (H. R. 12657)

26255-1179:1-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 5, 1926, transmitting the bill (H. R. 12657) for the relief of John Joseph Sullivan, 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 Joseph Sullivan enrolled in the Naval Coast Defense Reserve at Denver, Colo., on May 7, 1918, and was discharged therefrom on March 29, 1922, with an honorable discharge, having maintained a clear record during this period of service.

On March 30, 1922, Sullivan enlisted in the Navy at San Pedro, Calif. His service record during this enlistment shows he committed the following offenses:

June 13, 1922: Absent over leave 16 hours 30 minutes; summary court-martial.

September 8, 1922: Absent over liberty 1 day 4 hours 24 minutes; deck court.

September 6, 1923: Absent over liberty from 8 a. m. September 16, 1923; declared a deserter from the naval service.

Sullivan is now carried on the rolls of the Navy Department as a deserter at large from the Navy.

The bill H. R. 12657 was referred to the United States Veterans' Bureau for a statement of cost involved to the Government from the standpoint of that bureau in the event this proposed legislation were enacted into law, and I am inclosing herewith for your information a copy of the reply received from the director of said bureau, dated July 17, 1926, which is self-explanatory.

The bill H. R. 12657 also 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 thereon, and under date of September 7, 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. 12657.

Sincerely, yours,

CURTIS D. WILBUR,
Secretary of the Navy.

20038-26-No. 23

(77)

UNITED STATES VETERANS' BUREAU,
Washington, July 17, 1926.

The SECRETARY OF THE NAVY,

Washington, D. C.

SIR: I have the honor to refer to your letter of July 1, 1926 (file 26255-1179-L), transmitting copy of H. R. 12657, "A bill for the relief of John Joseph Sullivan," requesting information as to the cost of this legislation from the standpoint of the bureau should it be enacted into law.

For your information you are advised that there is on file in this bureau a claim for compensation on account of the death of John Joseph Sullivan, C-646086, which is apparently the same man for the benefit of whom H. R. 12657 has been introduced. This exservice man was honorably discharged from the military service on March 29, 1922, and died February 7, 1925, from pulmonary tuberculosis, which has been held to have been the result of the service during the term of enlistment which expired March 29, 1922. It is apparent that this man reenlisted after March 29, 1922, and was dishonorably discharged from that enlistment September 23, 1923.

The dependent mother of this ex-service man is now receiving compensation on account of the death of her son, the award being effective May 13, 1925. Inasmuch as nothing more would be payable if the proposed bill became a law, there would be no additional cost involved through the enactment of this legislation. As requested, copy of H. R. 12657 is returned herewith. Respectfully,

FRANK T. HINES, Director.

A BILL For the relief of John Joseph Sullivan

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged sailors John Joseph Sullivan shall hereafter be held and considered to have been honorably discharged from the naval service of the United States as a shipfitter, third class, September 16, 1923: Provided, That no pay, pension, or allowance shall be held to have accrued prior to the passage of this act.

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[No. 23]

FOR THE RELIEF OF DEWEY TIPTON JONES (H. R. 12629)

26255-1167:2-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 4, 1926, inclosing the bill (H. R. 12629) for the relief of Dewey Tipton Jones, 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 Dewey Tipton Jones first enlisted in the Navy on October 25, 1916, at Nashville, Tenn., as apprentice seaman, and was discharged from the U. S. S. Dixie as quartermaster, third class, on August 29, 1919, with a badconduct discharge. His service record shows the following offenses: December 6, 1917: Sleeping late.

March 6, 1919: Absence without leave 1 hour; summary courtmartial.

March 20, 1919: Absence without leave 1 hour 40 minutes; summary court-martial; sentenced to bad-conduct discharge, but put on six months' probation.

August 12, 1919: Giving evasive answer at mast.

August 27, 1919: Under influence of liquor on board U. S. S. Dixie. For the last offenses he was discharged with a bad-conduct discharge in accordance with sentence previously awarded.

Enactment of the bill H. R. 12629 into law will not result in any additional cost to the Navy. However, this bill was referred to the United States Veterans' Bureau for a statement as to the cost of this proposed legislation from the standpoint of that bureau should it be enacted into law, and under date of June 25, 1926, the director advised the Navy Department that a search of that bureau's records indicates that Jones has never applied for compensation, and it is therefore impossible to estimate the cost of payment of compensation, if any, in this case.

The bill H. R. 12305, which is similar to the bill H. R. 12629 for Jones's relief, was referred to 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 report on the bill, and under date of August 3, 1926, the director advised the Navy Department that this report would not be in conflict with the financial program of the President.

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In view of the foregoing 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. 12629.

Sincerely yours,

T. DOUGLAS ROBINSON,

Acting Secretary of the Navy.

A BILL For the relief of Dewey Tipton Jones

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers and sailors, Dewey Tipton Jones shall be held and considered to have been honorably discharged from the naval service of the United States on August 30, 1919, as quartermaster third class from the United States ship Dixie: Provided, That no back pay or allowances shall be held as accrued prior to the passage of this act

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[No. 24]

FOR THE RELIEF OF FARRAH DANE RICHARDSON (H. R. 12577)

26255-1174-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 3, 1926, inclosing the bill (H. R. 12577) for the relief of Farrah Dane Richardson, 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 Farrah Dane Richardson, ex-chief electrician's mate, United States Navy, was discharged from the service on August 24, 1921, at the expiration of his enlistment, from the naval hospital, Fort Lyon, Colo. At the time of his discharge Richardson was suffering from tuberculosis and had been a patient in the hospital named since February, 1921. A board of medical survey was held in his case on August 11, 1921, and recommended his discharge at the expiration of his enlistment because of his tubercular condition. The disability in this case. was held to have originated in the line of duty and was not the result of Richardson's own misconduct.

At the time of his discharge on August 24, 1921, Richardson had exactly 16 years of service to his credit for the purpose of transfer to the Fleet Naval Reserve. Under the policy in force in the Navy Department prior to June 29, 1921, men undergoing treatment for tuberculosis who were physically unable to perform the duties of their ratings were transferred to the Fleet Naval Reserve, and had this policy been in force at the time of Richardson's discharge, he likewise would have been eligible for such transfer. However, subsequent to June 29, 1921, and prior to July 1, 1922, men who were physically disabled were discharged from the service regardless of whether they had completed 16 or 20 years of service. The act of July 1, 1922, required the Navy Department to retain on active duty all men who had 12 or more years of service but less than 16 years of service, unless sooner discharged pursuant to the sentence of a courtmartial. Since July 1, 1922, the Navy Department has transferred a large number of men to the Fleet Naval Reserve regardless of their present physical condition.

This proposed legislation, if enacted into law, will result in an additional cost to the Government of $633.60 per annum.

The bill S. 4405, which is similar to H. R. 12577, was referred to the Bureau of the Budget with the above information as to cost and a statement to the effect that the Navy Department contemplated making a favorable recommendation on the bill, and under

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