[No. 80] FOR THE RELIEF OF R. B. FULFORD (H, R. 13190) 00-Fulford, R. B./A18-1(261206)L NAVY DEPARTMENT, The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D .C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 6, 1926, inclosing the bill (H. R. 13190) for the relief of R. B. Fulford, 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 R. B. Fulford was commissioned an ensign in the Naval Militia of North Carolina from July 14, 1913; was commissioned a lieutenant (junior grade) in the Naval Militia of North Carolina from August 21, 1915; was called into service of the United States and to duty in the fifth naval district from April 7, 1917; was commissioned a lieutenant (junior grade) in the National Naval Volunteers to rank from April 13, 1917; and was commissioned a lieutenant in the National Naval Volunteers to rank from January 1, 1918. Mr. Fulford was transferred to the United States Naval Reserve Force pursuant to a provision of the naval appropriation act approved July 1, 1918 (40 Stat. 708), in the confirmed rank of lieutenant, United States Naval Reserve Force, Class 2, in accordance with General Order No. 400; his enrollment expired April 12, 1920; he reenrolled and executed oath of office in the confirmed rank of lieutenant, United States Naval Reserve Force, class 2, to rank from January 1, 1918. He was disenrolled from the United States Naval Reserve Force in accordance with AlNav. 67 and issued an honorable discharge certificate as of September 29, 1921. Under date of May 6, 1922, Mr. Fulford made application for retirement because of alleged physical disability. However, the act of July 12, 1921 (42 Stat. 140), prohibited the retirement of officers of the Naval Reserve Force for physical disability, unless their applications therefor were submitted prior to October 1, 1921. As the Navy Department was without authority to waive this requirement of law, no action was taken in his case. Mr. Fulford now seeks to be appointed a lieutenant in the United States Naval Reserve Force and placed upon the retired list of the Naval Reserve, with the pay authorized by law for officers of the Navy retired on account of physical disability incident to the service, provided that a duly constituted naval retiring board finds that he incurred physical disability as a result of an incident of the service in time of war. In this connection attention is invited to the fact that the Navy Department has heretofore expressed approval to Congress of proposed legislation authorizing the retirement of former officers of the Navy and Naval Reserve Force, provided that the expense of such retirement devolved upon the Veterans' Bureau. It should be understood that approval of such general legislation does not (421) 20038-27-No. 80 " necessarily indicate that the Navy Department believes the retirement of Mr. Fulford to be justified, but attention is invited thereto for the sole purpose of showing that he would be a subject for consideration in the event of the enactment of legislation along those lines. If general legislation were enacted to include former temporary and reserve officers of the naval service, relief would thereby be afforded not only to Mr. Fulford but for all other officers in a similar status who feel that they are entitled to retirement on account of physical disability alleged to have been incurred in line of duty in time of war. The bill H. R. 13190, if enacted into law, will result in an additional cost to the Government of $1,890 per annum if Mr. Fulford is placed on the retired list. The bill H. R. 13190 was referred to the Bureau of the Budget with the above information as to cost and a statement to the effect that the department contemplated making an unfavorale recommendation on this bill, and under date of January 6, 1927, the Navy Department was advised that this report would not be in onflict 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. 13190.. Sincerely yours, CURTIS D. WILBUR, A BILL For the relief of R. B. Fulford 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, by and with the advice and consent of the Senate, R. B. Fulford, formerly a lieutenant in the United States Naval Reserve Force, a lieutenant in the United States Naval Reserve and to place him upon the retired list of the Naval Reserve with the pay authorized by law for officers of the Navy retired on account of physical disability incident to the service: Provided, That a duly constituted naval retiring board finds that the said R. B. Fulford incurred physical disability incident to the service in time of war: Provided further, That no back pay or allowances shall become due as a result of the passage of this act. [No. 81] TO CORRECT THE NAVAL RECORD OF JAMES ALLEN (H. R. 16043) MM-Allen, James/P19-1 (270108) L NAVY DEPARTMENT, Washington, January 15, 1927. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of January 8, 1927, inclosing the bill (H. R. 16043) 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. 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. A bill, H. R. 12975, which is similar to H. R. 16043, 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. The bill H. R. 12975 was also referred to the Director of the Bureau of the Budget with the 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 not for the general good of the naval service and would serve as an undesirable precedent for many similar cases, the Navy Department does not recommend the enactment of the bill H. R. 16043. Sincerely yours, CURTIS D. WILBUR, DEPARTMENT OF THE INTERIOR, 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, JOHN H. EDWARDS, 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 fireman, second class: Provided, That no back pay or allowances shall accrue to the said James Allen by reason of the passage of this act. O [No. 82] TO AUTHORIZE THE SECRETARY OF THE NAVY TO PROCEED WITH THE CONSTRUCTION OF CERTAIN PUBLIC WORKS, AND FOR OTHER PURPOSES (H. R. 11492) NY9/N5(270115). L. NAVY DEPARTMENT, Washington, January 19, 1927. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: With reference to the bill H. R. 11492, now pending before the committee of which you are chairman and entitled "To authorize the Secretary of the Navy to proceed with the construction of certain public works, and for other purposes," I have the honor to recommend that the bill be amended by changing the period on page 2, line 6, to a semicolon and by adding thereto the following item: "Battery storage and overhaul building, $240,000." The reason for this proposed amendment is that the present facilities for battery storage and overhaul at the navy yard, Mare Island, are inadequate for the purpose. A part of these facilities are located in a building the foundations and floors of which are entirely inadequate in structural strength. It is proposed to construct a modern building containing approximately 22,000 square feet of floor space, the amount required for bringing together all work of this character in one building in duplication of apparatus for the handling of acids, water, lead burning, casting, plating, etc. The structure will be of such design and material that protection against fire or other hazard will be provided for the material stored therein. It will be arranged to provide for the most expeditious accomplishment of the overhaul and repair of the storage batteries, and provide facilities for the maximum salvage of material and the stowage and protection of the parts and fittings. It will also be of such size as to care for a reasonable increase of service that may be expected as the result of increased submarine construction. The proposed amendment was referred to the Bureau of the Budget for information as to whether or not the amendment herein proposed would be in conflict with the financial program of the President. The Director of the Budget under date of January 15, 1925, advised the Navy Department that this amendment to the bill was not in conflict with the financial program of the President. Sincerely yours, CURTIS D. WILBUR, |