SENATE. 67TH CONGRESS, 2d Session. { REPORT No. 356. REGISTRANTS ASSIGNED TO EDUCATIONAL INSTITUTIONS WHOSE INDUCTION INTO THE SERVICE WAS NOT COMPLETED, AND OTHER SIMILAR CASES. DECEMBER 13, 1921.-Ordered to be printed. Mr. WADSWORTH, from the Committee on Military Affairs, submitted the following REPORT. [To accompany S. J. Res. 28.] The Committee on Military Affairs, to which was referred the resolution (S. J. Res. 28) to provide for appropriate military records for persons who, pursuant to orders, reported for military duty, but whose induction or commission into the service was not, through no fault of their own, formally completed on or prior to November 11, 1918, and for other purposes, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. A similar resolution passed the Senate during the Sixty-sixth Congress and was reported to the House of Representatives by the House Committee on Military Affairs. It failed of passage in the House owing to the rush of business during the closing days of the session. Your committee urges that these men who reported for military duty, but whose induction or commission was not actually completed before November 11, 1918, be recognized and that their records be completed as provided in the proposed resolution. The report submitted to the House during the Sixty-sixth Congress on a similar resolution is appended hereto and made a part of this report, as follows: The object of the legislation is to allow several hundred students of the S. A. T. C. and men similarly situated who were not completely inducted iuto or commissioned in the military service to be recognized as having been therein for such time as they were actually on duty with such training unit or in the military service. The following letter from the Secretary of War explains the purpose of the legislation more fully: WAR DEPARTMENT, Washington, May 28, 1919. House of Representatives. To the CHAIRMAN COMMITTEE ON MILITARY AFFAIRS, SIR: There is submitted below for your consideration the draft of a proposed joint resolution, the object of which is to provide that some 500 to 1,000 registrants, who reported to S. A. T. C. last fall for duty but who were not completely inducted, be recognized as having been in the military service for such time as they were actually on duty with such training units. A brief history of the situation is this: On November 11, 1918, further inductions in the Army were prohibited, including induction in the S. A. T. C. Since that date it has come to light that there were from 500 to 1,000 registrants who, because of delays of mail, inattention of overbusy local boards or commanding officers, sickness due to the influenza epidemic, clerical errors in documents, and other reasons not involving fault or neglect of the registrants themselves, were not completely inducted by the date of November 11. It is to be noted that the registrants in question were de facto soldiers. They reported for duty with the S. A. T. C. units, attended drill, obeyed military orders, and were in other respects on par with other members of the same unit whose induction was technically completed. Since their induction was not technically completed, however, they are not entitled to discharge from the military service, because technically they were never in such military service. The War Department has no way of arranging to give these men the status that they are morally entitled to, unless remedial legislation be enacted by Congress. These men are most anxious to acquire the formal status of soldiers and to receive honorable discharge, so that they may have a military record for the period during which they actually performed soldiers' duties. The War Department has received many complaints from parents, Representatives in Congress, and others of what is deemed a serious injustice to these men. There is no way under the present laws by which these men could have their inductions completed. It is believed to be to the public interest that these men be given status of soldiers as of date when they reported for duty with their units. The remedial legislation proposed herewith, if enacted, will remove what is felt by many to be a genuine grievance. I venture to express the hope that your committee will find it convenient to give favorable consideration to the matter. A similar letter is being sent to the chairman of the Committee on Military Affairs, United States Senate. * * Yours, sincerely, * NEWTON D. BAKER, Mr. POINDEXTER, from the Committee on Naval Affairs, submitted the following REPORT. [To accompany H. R. 2556.] The Committee on Naval Affairs, to whom was referred the bill (H. R. 2556) to advance Capt. Benjamin S. Berry to the permanent rank of major, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The following statement of facts and recommendations concerning this bill has been submitted by the Secretary of the Navy: THE SECRETARY OF THE NAVY, MY DEAR SENATOR: Replying further to the committee's letter of November 8, 1921, inclosing a bill (H. R. 2556) to advance Capt. Benjamin S. Berry to the permanent rank of major, and requesting a report from the department thereon, I have the honor to inform you that the department indorses the proposed bill and recommends that it be given favorable consideration. The purpose of this bill is to restore Capt. Benjamin S. Berry, United States Marine Corps, to the position on the permanent list of the Marine Corps which he would have held had he not been court-martialed in May, 1910. Ever since that date Capt. Benjamin S. Berry has performed unusually meritorious services, so much so that he received the French croix de guerre with palm and was also awarded the distinguished service cross by the commander in chief of the American Expeditionary Forces in France, for "he led his men in a gallant attack across open ground and into the Bois de Belleau, France, northwest of Chateau-Thierry, on the afternoon of June 6, 1918, inspiring them to deeds of valor by his example. When he reached the edge of the woods he fell, severely wounded. Nevertheless, he arose and made a final dash of 30 yards across through a storm of bullets and reached again the first wave of his command, before yielding to exhaustion from his injury." It is the opinion of the department that this act alone should eliminate and atone for any former mistake which he may have made, and that it would have a good effect upon the service in general if it became known that such deeds of valor as shown by this officer could atone for a former error. Besides this, however, Capt. Berry has constantly performed his duties in an excellent manner since May, 1910. In view of the foregoing, the department strongly recommends that the bill (H. R. 2556) be enacted. Sincerely, yours, Hon. CARROLL S. PAGE, United States Senate. S R-67-2-vol 1-6 EDWIN DENBY, The following is quoted from the statement of Brig. Gen. W. D. Neville, United States Marine Corps. In 1910 Maj. Berry was court-martialed for various offenses and lost 60 numbers. He was first sentenced to be dismissed, and then the Secretary changed the sentence to a loss of 60 numbers on the first lieutenant's list. Since then his record has been such that this bill was introduced, and it ought to receive the approval of the Secretary. Maj. Berry in his younger days got into trouble, but, unlike a good many officers, he reformed before he got out rather than afterwards. Since his court-martial I think he has been on five or six expeditions, including three to Cuba, two to Santo Domingo, and one to Vera Cruz. In June, 1917, he went to France in command of the Forty-fifth Company of the Fifth Regiment. He served in the training area back at Baumont, and also in the occupational lines at Verdun. In the Battle of the Bois de Belleau, in the attack of June 6, he was in command of the Third Battalion of the Fifth Marines, and in the attack he was severely wounded in the arm. I know these facts from personal knowledge, because I was in command of the Fifth Marines at that time. Maj. Berry's battalion was to make an attack and take a certain portion of the wood. I received a message from Maj. Berry that his attack had been successful, and I wanted to know the position of the line, and he told me he would go forward immediately and would locate them. As soon as he advanced he was met by the fire of the enemy and wounded. The truth of the matter was that the battalion was nearly wiped out. Notwithstanding his wounds he continued to advance to the front line and located it and remained there several hours, although wounded, under fire. Eventually he went to the rear. He received the distinguished service cross, the croix de guerre, and also the French Legion of Honor, which is not stated in the letter of the department approving his bill. Mr. NICHOLSON, from the Committee on Naval Affairs, submitted the following REPORT. [To accompany H. R. 7589.] The Committee on Naval Affairs, to whom was referred the bill (H. R. 7589) for the relief of Maj. Ellis B. Miller, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The following letter from the Acting Secretary of the Navy, together with a statement from the Major General Commandant of the Marine Corps, in the Sixty-sixth Congress, sets forth fully the facts in the case: Hon. CARROLL S. PAGE, Chairman Committee on Naval Affairs, DEPARTMENT OF THE NAVY,' United States Senate. MY DEAR SENATOR: Replying further to the committee's letter of May 4, 1921, inclosing a bill "For the relief of Maj. Ellis B. Miller," and requesting the department's consideration and report thereon, I have the honor to inform you that the department indorses the purpose of the proposed bill and recommends favorable consideration thereof with the exception of the proviso thereof pertaining to back pay and allowances. It is recommended that said proviso be stricken from the bill and that there be substituted therefor a provision to the following effect: "And provided further, That the said Ellis B. Miller shall not by the passage of this act be entitled to any back pay or allowances of any kind." A full report by the Major General Commandant, United States Marine Corps, regarding the circumstances connected with this case has heretofore been furnished Congress and will be found printed in House of Representatives Report No. 1392, Sixtysixth Congress, third session, being a report to accompany S. 1661, to which reference is hereby made for more detailed information. It is earnestly recommended that the proposed bill, amended as herein set forth, be enacted into law. Sincerely, yours, THEODORE ROOSEVELT, |