Mr. WAINWRIGHT. This bill has a favorable report from the War Department, has it not? STATEMENT OF HON. STEPHEN W. GAMBRILL, REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND Mr. GAMBRILL. It has. Mr. WAINWRIGHT. Have you anything further to say? Mr. WAINWRIGHT. Now that we have read the letter of the War Department have you any further statement you care to make? Mr. GAMBRILL. The case has been set forth so fully in the letter from the Secretary of War that very little remains to be said. It has been shown that Captain-Major Moss served in the Regular Army from June 28, 1916, to the day of his death which occurred on April 6, 1928. Previous to his service in the Regular Army he had served for three years in the Maryland National Guard. As the letter of the War Department sets out, Captain Moss became entitled in due course of promotion to be promoted to the grade of major, and his nomination was sent to the Senate on March 29, 1928, the promotion to take effect as of March 24, 1928. Before the nomination had been acted upon by the Senate Captain Moss died. I would like to state that Captain Moss served with great distinction and valor in the late war and at this point I would like to read into the record a statement of his record in the late war: Entering the First Infantry, Maryland National Guard, in 1916, he served four months on the Mexican border as a first lieutenant of that organization. In November of the same year he was commissioned a second lieutenant in the Regular Army and immediately promoted to first lieutenant. In July of the year following he received his promotion to captain in which grade he served with distinction throughout the war. The notification of his promotion to major was received on the morning following the night he died. There was a touch of bitter irony in the circumstance that the gold leaves, which the advanced class had provided in anticipation of the traditional ceremony which was to mark his promotion, should have been pinned on the coat that he wore after the trappings of rank had become merely the symbol of something that no longer mattered. The war record of Major Moss is one of which any soldier might be proud Six battle clasps adorn the ribbon on his Victory Medal and each stands for frontline service in command of a combatant unit. As a member of the Third Division in command of Company K, Thirty-eighth Infantry, he participated in some of the hardest fighting the American Army has ever known, and for all of his reticence when it came to speaking of his war service there was that about him that made one recognize him at once for a man who knew war in all its steru reality-one who had truly "smelt it and felt it and seen." Major Moss wore two silver stars on his victory ribbon, one for the wound received in the action which immortalized his division as the "Rock of the Marne" and the other for a divisional citation which speaks for itself. Moss, Robert G., who showed exceptional personal heroism, leadership, and initiative on July 22, 1918, near Franquet Farm, France. His company, protecting the flank of the battalion, was flanked on both sides by strong forces of the enemy. By his inspiring example he maintained great steadiness in his platoon and accomplished his mission. At St. Mihiel and again in the Argonne we find Captain Moss still in command of his old company, leading it into those actions which broke the line and the spirit of a stubborn foe and conquered a peace for the war-weary world. Then, with the armistice, this veteran of many battles became a soldier of peace, performing the duties which fell to his lot in the same quiet and capable manner which had marked his conduct throughout the soul-testing days of 1918. I believe the record will show that he was in six major engagements, and he was wounded on the Marne and displayed great bravery and valor during those engagements. Now, as the letter from the Secretary of War states, Captain Moss would have been promoted and would have had the rank of major in the ordinary course of events had the time for his promotion come when the Senate was not in session, but the fact that the Senate did not act on his promotion should not, it seems to me, bar his widow from the pay and allowances which she would have been entitled to had the Senate acted on the promotion. Mr. WAINWRIGHT. Is that all? Mr. GAMBRILL. I believe that is all I care to say. Mr. WAINWRIGHT. We thank you very much, Mr. Gambrill. (There being no further business before the committee, the committee here adjourned.) HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 8 OF THE COMMITTEE ON MILITARY AFFAIRS, Wednesday, January 30, 1929. The subcommittee met at 10 o'clock, a. m., Hon. J. Mayhew Wainwright, presiding. Mr. WAINWRIGHT. We will now take up H. R. 14048, introduced by Mr. Drane, and the following is a copy of the bill and of the report of the War Department of date June 12, 1928: [H. R. 14048, Seventieth Congress, first session] A BILL To authorize the appointment of First Lieutenant Leslie H. Blank, retired, to the grade of captain, retired, in the United States Army Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to appoint and commission Leslie H. Blank, first lieutenant, United States Army, retired, to the grade of captain, United States Army, retired, said grade being effective as of April 17, 1927, with the retired pay of captain, said pay to be based on his length of service on January 14, 1920, the date of his retirement: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this act. Hon. JOHN M. MORIN, Chairman Committee on Military Affairs, WAR DEPARTMENT, Washington, June 12, 1928. House of Representatives. DEAR MR. MORIN: I am pleased to comply with your request on H. R. 14048, a bill "To authorize the appointment of First Lieut. Leslie H. Blank, retired, to the grade of captain, retired, in the United States Army. The law applicable to the promotion of retired officers is found in section 127a, act of June 4, 1920, which provides that, "Hereafter any retired officer who has been or shall be detailed on active duty shall receive the rank, pay, and allowance of the grade, not above that of colonel, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed to active duty since his retirement." The law relating to the promotion of retired officers remained in effect until June 30, 1922, when it was repealed by a provision of section 17, act of June 10, 1922, which reads as follows: "Active duty performed after June 30, 1922, 37466-293 by an officer on the retired list or its equivalent shall not entitle such officer to promotion.' The record of service of the beneficiary of this bill is briefly as follows: Born in Ohio, September 8, 1894, served as an enlisted man in the Ohio National Guard in Federal service, July 8, 1916, to August 14, 1917; second lieutenant Infantry Section, Officers' Reserve Corps, August 15, to November 12, 1917, when he vacated his emergency commission by accepting an appointment as second lieutenant of Infantry, Regular Army; promoted temporary first lieutenant June 17, 1918; permanent first lieutenant September 5, 1919; retired from active service for disability in line of duty January 14, 1920. Anterior to July 1, 1920, promotions to the Regular Army were made by seniority. Lieutenant Blank was not entitled to promotion on the date of his retirement from active service, nor, if he had remained on the active list, would he have been promoted to the grade of captain until July 1, 1920. It would therefore have been necessary to detail him on active duty for a period of at least 5 months, 17 days before the date of his retirement and June 30, 1922, in order to entitle him to promotion on the retired list in accordance with the provisions of law. Lieutenant Blank has not been detailed on active duty at any time since his retirement. The records in this office show that on January 4, 1919, Lieutenant Blank was recommended for promotion to the grade of captain in the emergency forces, but due to the termination of hostilities on November 11, 1918, no further promotions in the emergency forces were made, with the exception of those regarded as necessary by the commanding general, American Expeditionary Forces, to fill vacancies. Lieutenant Blank was not temporarily promoted to the grade of captain, and even if he had been so promoted, he would, when found incapacitated for the performance of active duty, have been placed on the retired list with the permanent rank of first lieutenant as required by law. The War Department is consistently opposed to special legislation of the type carried in this bill which would single out an individual of a class for preferentia treatment not accorded to others of that class. I can not see any justification for the enactment of H. R. 14048, and accordingly recommend that it be not favorably considered by your committee. Any further information which your Committee may desire in connection with this subject will be gladly furnished. Sincerely yours, F. TRUBEE DAVISON, Mr. WAINWRIGHT. The purpose of this bill is to promote former First Lieut. Leslie H. Blank, now on the retired list as a first lieutenant, to captain on the retired list, with retired pay. I would be glad, Mr. Drane, to hear from you your statement as to why this should be done. STATEMENT OF HON. HERBERT J. DRANE, REPRESENTATIVE IN CONGRESS from the STATE OF FLORIDA Mr. DRANE. A letter of vital importance in this connectionMr. WAINWRIGHT. We would like to hear from you why this bill should be enacted into law. Mr. DRANE. A letter of vital importance in this connection was sent to The Adjutant General at the time this bill was introduced and a letter in my file here from The Adjutant General in reply to my letter, states that he is inclosing the letter, returning it to me for my files, but the letter was not inclosed, inadvertently, and that letter has disappeared. It is neither in the War Department's files nor in my possession. Mr. WAINWRIGHT. Have you a copy of it? Mr. DRANE. No, sir; I have no copy of it. It was a letter from this gentleman to me, and I sent it to the War Department for their action, and they replied to me under date of May 3d, stating that the letter was being returned to me, but it was not returned. It just got lost in the shuffle some way. Mr. WAINWRIGHT. Do you desire to make a statement as to your recollection of the contents of that letter and then put in the War Department's reply? Mr. DRANE. Personally I did not see the letter because I was absent about the time it was received, but I would like to put in the record Mr. WAINWRIGHT. You have some facts you wish to place in the record? Mr. DRANE. I first want to make reference to that letter Mr. WAINWRIGHT. Proceed in your own way, then, Mr. Drane. Mr. DRANE. Under date of May 3, 1927, I received a letter from The Adjutant General reading in part as follows, and referring to this matter: It appears from the records that on January 4, 1919, Lieutenant Blank was recommended for promotion to the grade of captain in the emergency forces, but due to the termination of hostilities on November 11, 1918, no further promotions in the emergency forces were made, with the exception of those regarded as necessary by the Commanding General, American Expeditionary Forces, to fill vacancies. As a consequence Lieutenant Blank and many other officers similarly recommended were not promoted. The War Department is without authority of law to promote him on the retired list. With reference to Lieutenant Blank's request that the records regarding the fact of his having been gassed in action be amended so as to entitle him to longevity pay on the retired list, existing law provides that only officers retired for disability due to wounds received in action shall be entitled to longevity pay above that accruing on date of retirement. The records in Lieutenant Blank's case show conclusively that the disability for which he was retired, defective hearing, was not due to gas inhalation while in action, but was existent to a slight degree upon his appointment as a second lieutenant in the regular army on October 26, 1917. In the circumstances compliance with his request is not legally possible. Regretting my inability to give you a more favorable reply, I am, Very respectfully, Major General, The Adjutant General. That is a letter from The Adjutant General of date of May 3, 1927. This constituent of mine was cited for the Croix du Guerre and his record is clear. He says here in a telegram to me: H. R. 4935 authorize appointment of First Lieutenant Burt, retired, to captain, retired. I feel that I am entitled to same appointment and I gave reason in detail my letter of April, 1927. I served under General Booth in the Argonne and he probably would assist in this matter. Now if General Booth were called on to give testimony in this particular case I would be perfectly willing for the case to stand or fall on General Booth's testimony. Mr. WAINWRIGHT. General Booth is in Washington and on the General Staff at the present time and he is available. Mr. DRANE. I would be willing, if you would be kind enough to call him before you, to let this man's case stand or fall on what he says. Mr. WAINWRIGHT. What is the reason that this young man who was in line for promotion in the same way with thousands of officers who were not promoted owing to the termination of hostilities on November 11, 1918, should be promoted? In other words, why should he be singled out among the thousands of officers who were similarly affected? Mr. DRANE. I would have no argument except for the precedent that was established in H. R. 4935 in a case identical with this, which passed through the committee and passed the House on April 20, 1928, the cases being identical. Mr. WAINWRIGHT. What is the reason in your case? Mr. DRANE. The reason is that this man made a brilliant record. This gentleman writes me: During the World War overseas I commanded a company of men and at one time in action commanded a battalion. All of this time I held the rank of lieutenant. Although several recommendations had been sent in for promotion none of them received any action. I have heretofore given you the details in my case, but if you do not have sufficient information in your files to properly present my case, I will send you complete details of my service. Now this letter, which I have quoted fully from The Adjutant General, gives the facts in the case, except that it does not mention that he was cited for the Croix du Guerre. Mr. WAINWRIGHT. I mean the reason why he should be promoted. That he was cited for the Croix du Guerre, or that he was unusually gallant, or what is the reason? Mr. DRANE. That is the contention I make, based on his letter here in referende to General Booth, under whom he served, knowing him, and I am telling the committee that I will be willing to let his case stand or fall on what General Booth says. Mr. WAINWRIGHT. We might place General Booth in a rather embarrassing position. Mr. DRANE. I have never discussed the matter with him. Mr. WAINWRIGHT. I am trying to find the reason why this particular young man should be promoted. Mr. DRANE. There is no more reason than there would be in thousands of other cases. I will have to admit that. Mr. WAINWRIGHT. We will make any disposition, as far as requiring further evidence or anything like that that you may suggest. Do you wish to put in anything more? Mr. DRANE. No, sir. Mr. WAINWRIGHT. Then we will give the case consideration. I think, however, Mr. Drane, you had better ask Lieutenant Blank to give you his statement and preserve the right to put the statement in the record, his explanation as to why he should be promoted. Mr. DRANE. Then I will ask the committee to let me put his statement in the record later. Mr. WAINWRIGHT. Absolutely. Put it this way: I would like to reserve the right to insert in the record the statement of Lieutenant Blank in regard to his own case. (The committee here entered upon the consideration of other business before the committee.) Hon. H. J. DRANE, M. C., Washington, D. C. TAMPA, FLA., February 2, 1929. DEAR MR. DRANE: I appreciate your very kind letter of January 31, and I am very grateful for the services you have rendered in this matter. It is unfortunate that the letter outlining my reasons for asking for the promotion has been lost by The Adjutant General's department. |