and to the Navy in particular. The immense strides recently made in merchantship construction have been, in a large part, due to the efficient and tireless efforts of Admiral Land.

It is believed that conferring of the additional prestige inherent in the rank of vice admiral would be of assistance in the discharge by Admiral Land of his important duties as Chairman of the Maritime Commission and Administrator of the War Shipping Administration. The Navy Department also considers that the advancement of Rear Admiral Land to the rank of vice admiral on the retired list is amply warranted by his conspicuous services and, accordingly, recommends early 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 the proposed legislation to the Congress, Sincerely yours,

JAMES FORRESTAL, Acting.

Mr. BRADLEY. We have had this up before the committee before. I understand that there will be no cost to the Government attached to it. There will be no increase in his retirement pay. Is that

not true?

STATEMENT OF CAPT. T. H. HEDERMAN, UNITED STATES NAVY

Captain HEDERMAN. There would be no cost to the Navy. Mr. BRADLEY. Or the Government. He will merely have the rank which is a recognition of his service. We passed it before. Mr. WARD JOHNSON. He will be a vice admiral on the retired list. Mr. BRADLEY. It will not carry any increase in pay because that is fixed by statute.

Without objection, H. R. 634, to provide for the advancement of Admiral Land to the rank of vice admiral, is approved by the committee.

(Whereupon the subcommittee proceeded with the consideration of other business.)

C

[No. 186]

HEARING ON H. R. 1232 FOR THE RELIEF OF ROSCOE MCKINLEY

MEADOWS

HOUSE OF REPRESENTATIVES,
COMMITTEE ON NAVAL AFFAIRS,

SUBCOMMITTEE ON PRIVATE BILLS No. 1,
Washington, D. C., Wednesday, February 16, 1944.

The committee met at 11:10 a. m., Hon. Michael J. Bradley (chairman), presiding.

Mr. BRADLEY. We will now take up H. R. 1232. (The bill referred to is as follows:)

[H. R. 1232, 78th Cong., 1st sess.]

A BILL For the relief of Roscoe McKinley Meadows

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 Emergency Officers' Retirement Act of May 24, 1928, Roscoe McKinley Meadows shall be held and considered to have served as an officer of the Navy of the United States during the World War other than as an officer of the Regular Navy.

Mr. BRADLEY. The clerk will now read the report.

The CLERK (reading):

[No. 60]

FOR THE RELIEF OF ROSCOE MCKINLEY MEADOWS (H. R. 1232).
MR. SATTERFIELD

Hon. CARL VINSON,

Chairman of the Committee on Naval Affairs,

NAVY DEPARTMENT, Washington, March 12, 1943.

House of Representatives.

MY DEAR MR. CHAIRMAN: The bill (H. R. 1232) for the relief of Roscoe McKinley Meadows was referred to the Navy Department by your committee with request for report and recommendation.

The bill provides that in the administration of the Emergency Officers' Retirement Act of May 24, 1928, Roscoe McKinley Meadows shall be held and considered to have served as an officer of the Navy of the United States during the World War other than an officer of the Regular Navy.

The records of the Navy Department show that Roscoe McKinley Meadows was born on July 1, 1891, and was appointed an acting chaplain in the Navy, with the rank of lieutenant (junior grade), from January 23, 1918, and served until July 7, 1920, when his resignation was accepted from the naval service under honorable conditions.

The health record of Lieutenant (Junior Grade) Meadows, Chaplain Corps, during his entire service with the Navy shows no entry of disease or disability of such serious nature as to warrant retirement. At the time of his resignation, on June 30, 1920, he signed the following statement:

"I hereby certify that I have no injury or disability which would entitle me to compensation under the War Risk Insurance Act."

It will be noted that Mr. Meadows was appointed an acting chaplain in the Regular Naval Establishment in 1918 and that at no time during his service was "emergency" officer, within the meaning of the Emergency Officers' RetireHe was inducted into the Regular Navy in the only manner provided

he an

ment Act.

by law for entrance to the Chaplain Corps and his status on appointment was identical with that of all other appointees as acting chaplains in the Regular Navy.

The bill (H. R. 1232,) if enacted into law, would result in an additional cost to the Government of $1,950 per annum, chargeable to the Veterans' Administration. Inasmuch as this bill does not involve any expenditure of funds under the Navy Department, the Navy Department refrains from further comment or recommendation.

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

Sincerely yours,

FRANK KNOX.

Mr. BRADLEY. There is a note here from the chairman regarding this bill. It says:

Mr. Meadows, for whom the bill has been introduced, is going over to Johns Hopkins Hospital either this week or next week for an operation growing out of an injury to his ear during target practice in World War No. 1, while serving in the Navy.

He cannot be here today because he is probably at the hospital. We did have this before the subcommittee before, I think. It is a very unusual case involving a chaplain. Because of that the matter is fresh in my mind, although this is the first time I have looked at it since that time.

I do not know whether the committee has anything on file, but my recollection is that the circumstances were that due to detonation, the firing of big guns, or something of that sort, his hearing was impaired, and very seriously. He was left with ear trouble, and the sentiment of the committee at that time was to pass the bill. Some further data were requested from the Navy Department regarding it. According to the report, he was a Regular Navy officer the same as he would have been had he graduated from Annapolis. He came into the service in the only way a chaplain can come in, and the question that arose was whether or not he should be eligible for retirement or pension, or whatever we might call it, to the same degree as if he were a Regular Navy officer coming into the service as a graduate from Annapolis, or coming into the ranks.

I am sympathetic with his case.

The CLERK. This bill was reported to the House in the Seventy-first Congress. It was reported to the House in the Seventy-second Congress and was objected to. It was reported to the House, I think, in the Seventy-third Congress. It was reported to the House in the Seventy-fourth Congress and was objected to in the House.

The bill was introduced in the Seventy-fifth, as well as the Seventysixth Congress, and the subcommittee was favorable.

Mr. BRADLEY. Captain, perhaps you can summarize it.

STATEMENT OF CAPT. T. H. HEDERMAN, UNITED STATES NAVY

Captain HEDERMAN. To a certain extent, Mr. Chairman. This bill, as I take it, shows that this chaplain was in the Regular Navy. Now, in order for him to derive benefits under an act not connected with the Navy, he prefers to be adjudged an officer not of the Regular Navy, in order to become eligible under the Emergency Officers' Retirement Act, because that Emergency Officers' Retirement Act is worded:

Notwithstanding the provisions of any law of the United States, any person who has served as an officer of the Army, the Navy, or the Marine Corps, other than as an officer of the Regular Army, Navy, or Marine Corps, during the World War, and who made valid application for retirement *

under certain provisions. And that Emergency Officers' Retirement Act entitles that individual to certain retirement pay. Now, this man was an officer of the Regular Navy.

Mr. BRADLEY. He wants to take advantage of the benefits.

Captain HEDERMAN. He does not want to be considered an officer of the Regular Navy, so that he can come under the Retirement Act. Mr. BRADLEY. What is the difference so far as remuneration is concerned with respect to his taking advantage of the regular officer status?

Captain HEDERMAN. I am not sure of that, because there would have to be a determination by the Veterans' Administration. Now, as far as the Navy is concerned, this man was discharged honorably with no ties remaining so far as the Navy is concerned. He was simply discharged and presumably had no physical disability at the time.

Mr. WARD JOHNSON. How long afterward was it that he discovered it?

Captain HEDERMAN. That is hard to say because this first bill was 1930. Approximately 10 years.

Mr. BRADLEY. The cost per annum would be $1,950. What is the thought of the Department as to whether or not that would be retroactive? Would he be retired as of a certain date?

Captain HEDERMAN. He would not be retired so far as the Navy is concerned if this bill is passed.

Mr. BRADLEY. He would just be given disability benefits?

Captain HEDERMAN. He would not be given anything. The Veterans' Administration will consider him as not being an officer of the Regular Navy, and determine his case then as an emergency

officer.

Mr. WARD JOHNSON. This would not have the effect of making the determination for the Veterans' Administration, would it? It would just make him eligible if they should see fit.

Captain HEDERMAN. As I see it, that is right.

Mr. GRANT. The discretion would still be left to General Hines as to whether or not he could meet their test?

Captain HEDERMAN. That is my interpretation.

Mr. WARD JOHNSON. He would be under this officers' special Retirement Act, if this bill passed?

Captain HEDERMAN. Yes. He would be eligible for the determination under that act.

Mr. GRANT. He would have to prove service connection to their satisfaction?

Captain HEDERMAN. Yes, sir.

Mr. WARD JOHNSON. Why is he asking us to do this?

Mr. BRADLEY. As I understand it, the lieutenant, j. g., who ordinarily would only have served perhaps 6 or 8 years, at the most, in the Regular Navy, if he were an Annapolis graduate and if he were retired for disability, would come under the provisions of the Retirement Act and be entitled to a certain amount of his pay and allowances. Now, this man, who had the rank of lieutenant, j. g., does not care, evidently, to come under the provisions of such an act, and he wants to be considered under the Emergency Officers' Act.

What is the difference with respect to dollars and cents for an individual in his category, a lieutenant. i

?

Captain HEDERMAN. I would have to estimate that. If he were a retired j. g.

Mr. BRADLEY. For disability.

Captain HEDERMAN. For disability at that time, 1920, which would be under the old 1908 Pay Act, I should estimate his retired pay to be in the neighborhood of $1,100 or $1,200. There has evidently been an investigation as to what he would get under the Veterans' Administration pursuant to the Emergency Officers' Retirement Act as being approximately $1,950.

Mr. BRADLEY. If he had not raised any question about that, the chances are that he might have automatically been placed on the retired list years ago. Is that a possibility?

Captain HEDERMAN. Only under special legislation.

Mr. GRANT. If we had a report from the Veterans' Administration on this

Mr. BRADLEY (interposing). No. The only thing I see here is a report of the Navy Department.

Mr. GRANT. Does anyone here know the attitude of the Veterans' Administration on this sort of thing?

Mr. BRADLEY. They do not make any recommendation one way or the other. They have washed their hands of it.

Captain HEDERMAN. There seems to be nothing in the files from the Veterans' Administration.

Mr. GRANT. I move that we pass the bill over for today and ask for a report on it from the Veterans' Administration.

Mr. BRADLEY. It has been moved that the committee defer action on this, with the request that the Veterans' Administration give us a report relative to their recommendation regarding this officer.

Mr. WARD JOHNSON. I second the motion.

Mr. BRADLEY. Without objection, that will be agreed to.

Mr. Clerk, will you ask the Veterans' Administration to give us a report very quickly on it, because we would like to do justice to this officer. But I think that they ought to say something about it.

Mr. WARD JOHNSON. I think we ought to have some explanation why he is attempting to come under this act instead of the regular one. Mr. BRADLEY. Give us the reasons and the dollars and cents of what it will cost.

Captain HEDERMAN. As it is, he gets nothing from the Navy now. Mr. BRADLEY. He has got nothing at all from the Government. When we say the Navy, we mean the Government. He is getting nothing from anybody.

(Whereupon the subcommittee proceeded with the consideration of other business.)

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