[No. 185]

TO CORRECT THE NAVAL RECORD OF DANIEL D. DOLAN (H. R.

6309). MR. BEITER

NAVY DEPARTMENT, Washington, January 23, 1942.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: The bill (H. R. 6309) to correct the naval record of Daniel D. Dolan, was referred to the Navy Department by your committee with request for report and recommendation. The purpose of this bill is to correct the service record of Daniel D. Dolan, formerly a seaman in the United States Navy, so that such record will show that he was honorably discharged from the United States Navy.

The records of the Navy Department show that Daniel D. Dolan was born on February 11, 1899, and enlisted in the Navy on February 24, 1916, to serve during minority. His record for this period of service shows the following:

August 7, 1916: Losing mess gear.

January 28, 1917: Sleeping on unauthorized side of gun deck.

January 31, 1919: Tried by general court martial on a charge of stealing property of United States intended for naval service thereof, convicted and sentenced to be reduced from rating of yeoman third class to that of landsman, United States Navy, to be confined for 48 months, to be dishonorably discharged from the Navy, and to suffer all other accessories of the sentence.

On March 30, 1919, the proceedings, findings, and sentence were approved by the Navy Department, but the period of confinement was reduced to 24 months. On November 12, 1919, the Navy Department directed that so much of the unexecuted portion of the sentence as related to confinement with corresponding forfeiture of pay be remitted and that Dolan be discharged as soon as practicable in accordance with the remaining terms of his sentence. Dolan was dishonorably discharged from the Navy at the naval prison, Portsmouth, N. H., on November 19, 1919.

This bill, if enacted into law, would result in no cost to the Navy; however, it is probable that a charge under the Veterans' Administration would be involved now or in the future.

This bill is particularly objectionable because it directs that the records of the Navy Department be changed to show as true that which is false, namely, that Dolan was honorably discharged from the United States Navy.

The Navy Department recommends against enactment of the bill H. R. 6309.

Sincerely yours,

JAMES FORRESTAL, Acting.

[No. 186]

TO PROVIDE FOR THE RETIREMENT, RANK, AND PAY OF HEADS OF STAFF DEPARTMENTS OF THE MARINE CORPS

NAVY DEPARTMENT, Washington, January 24, 1942.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to provide for the retirement, rank, and pay of heads of staff departments of the Marine Corps.

The purpose of the proposed legislation is to provide that officers of the Marine Corps who retire while serving as head of a staff department, or who, having served at least 2 years as head of a staff department, retire thereafter while serving in a lower grade, may, in the discretion of the President, be retired with the rank, pay, and allowances to which entitled while serving as head of such staff department.

The proposed legislation, if enacted, would extend to the heads of staff departments of the Marine Corps retirement privileges similar to those enjoyed by chiefs of bureau of the Navy Department.

It is the opinion of the Navy Department that heads of the staff departments of the Marine Corps, holding positions analogous to the chiefs of bureau of the Navy Department, should be accorded similar retirement privileges.

The enactment of this proposed legislation would be without expense to the Government, as under present pay laws colonels and brigadier generals receive the same amount of retired pay.

The Navy Department recommends enactment of the proposed legislation.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.

Sincerely yours,

66266-42-No. 186

(2283)

FRANK KNOX.