mobilization plans. Those who are transferred after July 1, 1925, are subject to recall for physical examination at least once during each four-year period * * You will note that section 27 of the naval reserve act, approved February 28, 1925, affecting men transferred to the Fleet Naval Reserve after July 1, 1925, provides for their transfer to the retired list in case they are found not physically qualified; and since the underlying feature of the proposed bill is a periodic physical examination for members transferred to the Fleet Naval Reserve prior to July 1, 1925, the Fleet Reserve Association, in behalf of its membership, particularly the fleet reservists who are now or may hereafter become disabled, has the honor to propose the following amendment to H. R. 15212: Strike out quotation mark at end of bill; change the period to a colon, and add the following: "Provided further, That transferred members of the Fleet Naval Reserve found not physically qualified on reporting for inspection in accordance with this section, shall be transferred to the retired list of the regular Navy, with the pay they are then receiving, and upon the completion of 30 years' service, including naval service, time in the Fleet Naval Reserve, and time on the retired list of the Navy, they shall receive the allowances to which enlisted men of the regular Navy are entitled on retirement after 30 years' service. The suggested amendment above conforms to the wording of section 27 of the naval reserve act. Very respectfully, C. E. LOFGREN, Director of Organization, Fleet Reserve Association. Hon. FRED A. BRITTEN, M. C., House of Representatives, Washington, D. C. (Thereupon at 12.20 o'clock p. m., the committee adjourned until to-morrow, Thursday, February 3, 1927, at 10.30 o'clock a. m.) [No. 130] HEARINGS ON THE BILLS H. R. 6430, JOHN CRONIN; H. R. 6429, HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration some bills which Mr. Lineberger desires to call to the attention of the committee. STATEMENT OF HON. WALTER F. LINEBERGER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. LINEBERGER. Mr. Chairman, I have four bills here, one of which has been passed by the Senate. There is a reasonable hope of getting it through. The other three have not been passed either in the House or the Senate. But I would like to have this bill reported out favorably. This is H. R. 6430, to correct the naval record of John Cronin. [H. R. 6430, Sixty-ninth Congress, first session] A BILL To correct the naval record of John Cronin Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John Cronin, formerly seaman, United States Navy, be, and he is hereby, relieved of all disabilities attendant upon the dishonorable discharge received by him pursuant to sentence of general courtmartial, March 18, 1899, and the Secretary of the Navy is hereby authorized and directed to review the naval record of the said John Cronin and grant him an honorable discharge. Mr. WOODRUFF. I move that all four bills be reported favorably. Mr. LINEBERGER. This bill, H. R. 6430, has passed the Senate. I have a copy of the hearing which was held by the subcommittee last year. Mr. BRITTEN. What is the report of the Navy Department? Mr. LINEBERGER. The Navy Department reported adversely on all of them, just as they do on all these bills. There are four of them here. Mr. BRITTEN. Are they all private bills? Mr. LINEBERGER. They are all private bills. I realize that there is little chance of passing three of them, but there have been hearings held on all of them. Mr. BRITTEN. Unless they go through the hands of the subcommittee and are reported by the subcommittee, I object. Mr. VINSON. We had an investigation in reference to this bill, H. R. 6430, a bill to remove the dishonorable discharge of John Cronin. The facts disclose that he deserted for two months while drunk. Mr. BRITTEN. I object to this now. Mr. VINSON. We did not report favorably on the bill. Mr. BRITTEN. Why not? Mr. VINSON. We did not finish our hearing on it. There is some merit in the case. Of course, you are up against the proposition of removing this dishonorable-discharge record. Here are the facts in the case: He enlisted in the Navy at Boston on October 12, 1893. He was honorably discharged from the U. S. S. Franklin as seaman on August 5, 1896. He reenlisted in the Navy October 17, 1896, and was dishonorably discharged from the U. S. S. Wabash on March 18, 1899. He says: The offense for which I was tried by court-martial and dishonorably discharged consisted of being absent without leave for a period of about two months. The only excuse I can offer is that I was under the influence of intoxicating liquors at the time and continued so for some weeks until my money was all spent. Upon recovering I realized what I had done and voluntarily surrendered myself to the naval authorities at the Brooklyn Navy Yard. In doing so I hoped the authorities would be lenient with me on account of my previous six years' service, but they judged otherwise and I was dishonorably discharged. Mr. BRITTEN. He is just a deserter and was drunk. I served throughout the Spanish-American War and participated in the naval battle of Santiago de Cuba on the U. S. S. Brooklyn. During the World War I was engaged in the merchant marine service from August, 1914, to April, 1918, transporting supplies and ammunition for the Allies and the United States Government from New York to Liverpool. I am now 56 years of age. I have never been in jail or prison since leaving the Navy and I have always tried to conduct myself with honor and decency. I think in view of these facts, and having in view the fact that he served in the World War, the bill should be favorably reported. Mr. BRITTEN. What was the character of his discharge in the World War? Mr. VINSON. He was engaged in the merchant marine at that time. We have precedents for cases of this character. The CHAIRMAN. Did he go back voluntarily? Mr. VINSON. He surrendered himself. Mr. ANDREW. Is he not eligible for a pension, if he was honorably discharged? Mr. VINSON. No. Mr. ANDREW. What is the object of this bill? Mr. VINSON. He loses the benefit of his first honorable discharge by his second dishonorable discharge. Mr. BRITTEN. This bill is really not so much for the purpose of clearing his record as to give him a pensionable status. Mr. LINEBERGER. No. Mr. BRITTEN. Then why not add to the bill a provision that he shall get no pension. Mr. LINEBERGER. We have in the bill a provision that no back pension shall accrue prior to the passage of this act. Mr. BRITTEN. If you want to clear this man's record let us simply provide here that he does not get a pensionable status because of this honorable discharge. Mr. VINSON. Let me say this in regard to that. There is a precedent for this. Mr. BRITTEN. We just rejected or passed over a meritorious bill which was desired by the department. Mr. VINSON. This bill should be considered on its merits and not on favoritism. There is a precedent for it, in view of the fact that this man surrendered himself and was court-martialed and then when the next national emergency arose he offered his services again and served in a quasi military capacity in carrying munitions across the ocean, and in cases of that kind it has been the policy of the committee to recommend the removal of a dishonorable discharge. I move that the bill be favorably reported and amended with the understanding that he shall draw no back pension. The motion was agreed to. (Thereupon the committee proceeded to the consideration of other business.) HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 6429, introduced by Mr. Lineberger, to correct the naval record of Daniel E. Shea. [H. R. 6429, Sixty-ninth Congress, first session] A BILL To correct the naval record of Daniel E. Shea Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and directed to review the naval record of Daniel E. Shea, formerly chief master of arms, United States Navy, to remove the charge of desertion against the said Daniel E. Shea and to grant him an honorable discharge. Mr. VINSON. This case is not meritorious, in my judgment, because this man never returned. The record in this case shows that Daniel Shea first enlisted in the Navy on May 13, 1880, as a fireman, first class, and was discharged with an ordinary discharge on May 29, 1883. He reenlisted as a fireman, first class, on January 27, 1894, and was discharged with an honorable discharge as water tender on May 29, 1897. He reenlisted on June 28, 1897, as a plumber and fitter, and was discharged as a chief master-at-arms, with an ordinary discharge, on January 27, 1900. He reenlisted as a chief master-at-arms on July 12, 1900, and deserted from the service on January 24, 1902. He has never since returned to naval jurisdiction and consequently has never been tried and convicted for the offense mentioned. If he had returned and had served in some capacity during the World War, I would be in favor of removing the charge against him. (On motion of Mr. Vinson, the bill was ordered adversely reported.) (Thereupon the committee proceeded to the consideration of other business.) HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 5881, introduced by Mr. Lineberger, to correct the naval record of Robert F. Rife. [H. R. 5881, Sixty-ninth Congress, first session] A BILL To correct the naval record of Robert F. Ri e Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of the laws of the United States, Robert F. Rife, formerly an enlisted man in the United States Navy, shall be regarded as having been honorably discharged from the United States Navy from August 31, 1919: Provided, That no back pay, allowances, or other emoluments shall be held to have accrued prior to the passage of this act. Mr. VINSON. This is the case of a man charged with breaking arrest and being absent from station and duty without leave. STATEMENT OF HON. WALTER F. LINEBERGER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. LINEBERGER. Mr. Chairman, we have a population of 1,209,000 in our district, and this committee could only allow one case, and only reported one, and that bill was passed by unanimous consent. I have five times as many people as there are in a normal congressional district. Mr. VINSON. Mr. Chairman, this bill is to remove a dishonorable discharge from the record of a man sentenced to serve 18 months for breaking arrest and for being absent from station without leave. Mr. BRITTEN. What was he arrested for? Mr. VINSON. The record of the department shows that he first enlisted at Los Angeles, Calif., as an apprentice seaman on November 29, 1916, for minority. On March 24, 1919, he was tried by general court-martial on board the U. S. S. Pittsburgh on the charges of breaking arrest and absence from station and duty without leave. He was found guilty of both charges and specifications thereunder and sentenced to confinement for three years, dishonorable discharge, and accessories. The sentence adjudged was approved by the convening authority in 1919, but the period of confinement was reduced. to 18 months. On May 5, 1919, the department reduced the confinement to one year, and on August 20, 1919, directed that the unexecuted period of confinement be remitted and that Rife be discharged from the service as soon as practicable in accordance with the remaining terms of his sentence. Accordingly, Rife was dishonorably discharged from the Navy on August 31, 1919. Mr. LINEBERGER. He afterwards enlisted in the National Guard of California and has a character discharge, character excellent, service honest and faithful. He is a member of the fire department at Long Beach now. Mr. VINSON. He has no military record in the World War, and for that reason, on account of our standard, we had to make an unfavorable report, as much as we hated to do so. (Thereupon, the committee proceeded to the consideration of other business.) HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 10290, introduced by Mr. Lineberger, for the relief of Kenneth M. Orr. |