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[No. 187]

HEARING ON H. R. 242 FOR THE RELIEF OF CAPT, MALCOLM

K. BEYER

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,
SUBCOMMITTEE ON PRIVATE Bills No. 1,

Washington, D. C., Wednesday, February 16, 1944. The committee met at 10:50 a. m., Hon. Michael J. Bradley (chairman) presiding.

Mr. BRADLEY. The next bill is H. R. 242. (The bill referred to is as follows:)

(H. R. 242, 78th Cong., 1st Sess.)

A BILL For the relief of Captain Malcolm N. Beyer Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Captain Malcolm K. Beyer, the sum of $1,076, in full settlement of all claims against the Government by him for the loss of clothing and personal effects destroyed by fire at the officers' quarters at Civilian Conservation Corps Camp Breeze Hill, Wawayanda, New York, on April 3, 1937.

Mr. BRADLEY. Mr. Clerk, will you read the report?
The CLERK (reading):

(No. 44]

FOR THE RELIEF OF CAPT. Malcolm K. BEYER (H. R. 242). MR. HARTLEY

Navy DEPARTMENT,

Washington, March 2, 1943. Hon. CARL VINSON, Chairman of the Committee on Naval Affairs,

House of Representatives. MY DEAR MR. CHAIRMAN: The bill (H. R. 242) for the relief of Capt. Malcolm K. Bever, was referred to the Navy Department by your committee with request for report and recommendation relative thereto.

The purpose of this bill is to authorize an appropriation of $1,076 to be expended by the Secretary of the Treasury out of funds in the Treasury not otherwise appropriated, for payment to Capt. Malcolm K. Beyer, United States Marine Corps Reserve, for the loss of clothing and personal effects destroyed by fire at Civilian Conservation Corps Camp Breeze Hill, Wawayanda, N. Y., on April 3, 1937, the payment of this sum to be in full settlement of all claims against the Government for the loss sustained by him as a result of said fire.

Information contained in the records of the Navy Department shows that the fire occurred at Civilian Conservation Corps Camp Breeze Hill, Wawayanda, N. Y., on April 3, 1937, at about 11 p. m., destroying the officers' quarters in which Capt. Malcolm K. Beyer, United States Marine Corps Reserve; Capt. Leonard J. Carlson, United States Army, Infantry Reserve; Capt. Lester A. Jacobs, United States Army, Infantry Reserve; and Lieutenant Mourlin, United States Army, Infantry Reserve, were quartered at that time. Captains Beyer, Carlson, and Jacobs were not present when the fire was discovered but returned shortly thereafter. All efforts to enter the burning quarters after the fire was discovered were of no avail and all personal effects contained therein were a total loss.

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The records of the Navy Department show that Captain Beyer was in no way responsible for the fire nor the loss of his clothing and personal effects for which claim is made. The Navy Department has no way of determining either the identity of the items lost or their value from its records. The records of the Navy Department indicate that the property of the claimant which was lost in this fire was not insured.

Since the claim has merit to the extent that claimant's property was in a Government building and was totally destroyed without fault on his part, the Navy Department recommends that the bill (H. R. 242) be enacted for the appropriation of such amount to be paid out of the Treasury as may be established to be the value of the property lost by the claimant as a result of this fire.

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,

JAMES FORRESTAL, Acting. Mr. BRADLEY. Gentlemen, I recall this bill. Just for your information, and not to prejudice it, it was before this subcommittee, I think, even before we got into the war and before the war broke out in Europe. I believe this man wanted $1,500. I do not know whether the amount has been revised. I think it is the same case. The committee felt at that time that the amount which he was asking for the loss of clothing was a little bit too high. I do not know whether you have any records on this or not. The committee deferred action on it, with the request that he give an itemization with respect to the items of clothing that he lost, because a lot of people thought that $1,500 worth of clothing for an officer on duty at a C. C. C. camp was exorbitant. It was before the committee 3 or 4 years ago.

I was chairman of the subcommittee at that time. That was the action we took then, and we have never received an itemization of it since, as far as I can recollect. That is for your own information. Evidently, the Bureau of the Budget thinks it is all right, so I will not speak against it, but I am telling you that so you will know the circum

stances.

STATEMENT OF COL. J. W. KNIGHTON, UNITED STATES MARINE

CORPS

Colonel KNIGHTON. Mr. Chairman, I have a statement here I would like to submit for the record.

(The statement referred to is as follows:)

The purpose of this bill is to authorize an appropriation of $1,076 to reimburse Maj. Malcolm K. Beyer. United States Marine Corps Reserve, for the loss of clothing and personal effects destroyed by fire at Civilian Conservation Camp Breeze Hill, Wawayanda, N. Y., on April 3, 1937.

Information contained in the records of the Navy Department shows that the fire at Civilian Conservation Corps Camp Breeze Hill, Wawayanda, N. Y., occurred at about 11 p. m. on April 3, 1937, destroying the officers' quarters in which Major (then Captain) Beyer was quartered at that time. Captain Bever was not present when the fire was discovered, but returned shortly thereafter. All efforts to enter the burning quarters after the fire was discovered were of no avail, and all personal effects contained therein were a total loss.

The records show that Captain Beyer was in no way responsible for the fire nor for the loss of his clothing and personal effects, and that the property which was lost in this fire was not insured.

The records of the War Department show that Captain Beyer presented his claim to that Department and that it was determined by a board of officers convened to examine his claim that the loss did not come within the law providing for settlement of claims of officers, enlisted men, and members of the Nurse Corps of the Army, inasmuch as Captain Beyer was not a member of one of the components of the Army, but was a member of the United States Marine Corps. The board recommended that his claim be disallowed.

The Navy Department has no authority to settle a claim of this nature and has therefore recommended that since the claimant's property was in a Government building and was totally destroyed without fault on his part, the bill H. R. 242 be enacted for the appropriation of such amount out of the Treasury as may be established to be the value of the property lost by the claimant as a result of this fire. The Bureau of the Budget has advised the Navy Department that there would be no objection to this bill.

Nearly 7 years have elapsed since the loss of Major Beyer's property, and the Со mandant of the Marine Corps feels that this bill should be enacted without delay.

Colonel KNIGHTON. I think that statement will give the facts in the case.

Mr. GRANT. Is there not some limit that is allowed to an officer on a ship whose clothing is lost?

Colonel Knighton. No, sir. During the war, we hold, in going over these claims, that they are only allowed the items that are actually needed in the field, or on board ship. This is a different case, however. This man was a Reserve officer and sent to duty at a C. C. C. camp at the time that the Army was using Reserve officers of the Navy and the Marine Corps. He undoubtedly took everything he owned with him to the C. C. C. camp, which was, as far as he was concerned, a permanent station. I do not know how long he actually remained there, but I know that he remained there some time.

Mr. WARD JOHNSON. Do you have any details or itemized lists of what he lost?

Colonel KNIGHTON. Yes, sir; there is an itemized list which has been approved. It was cut down from what he submitted.

Mr. BRADLEY. The original claim, I think, was $1,500.

Colonel Knighton. In going over his case, sir, the bill I see was introduced in 1943, though I think the first bill was introduced in the Seventy-sixth Congress.

Mr. GRANT. That would be in 1939.

Colonel KNIGHTON. The itemized statement that I have here is $1,199.50. That was cut down to $1,076. The date of the statement is May 21, 1937, and includes an affidavit by him.

Mr. BRADLEY. What is your pleasure as to this bill? The amount is $1,076.

Colonel KNIGHTON. Every item here is listed.
Mr. BRADLEY. Does that include civilian attire?'
Colonel KNIGHTON. Yes, sir.
Mr. WARD JOHNSON. What is your recommendation, Colonel?

Colonel KNIGHTON. I recommend that his claim as approved by the Department be allowed. His claim was submitted to the Army, as he was then on duty with the Army. The Army said that they had no jurisdiction, and referred it to the Navy Department. The Navy Department went over his claim and approved it. When the Marine Corps was informed about this hearing I got out his case and went over it thoroughly. I read the investigation. It was a serious fire; an officer was burned to death in the quarters at the time of the loss of Captain Beyer's effects.

Mr. WARD Johnson. Why would the Navy have jurisdiction if it was at a C. C. C. camp-because he was a Reserve officer?

Colonel KNIGHTON. He was a Marine Reserve officer, and the Army has no law applicable or fund from which to pay the claim. The Army referred it to the Navy; the Navy Department has endorsed the bill, and so also has the Bureau of the Budget. As a matter of fact, I noticed this morning on this officer's record that he has just been recommended for a letter of commendation. He was in the Bougainville landing as an R-4, on the regimental staff; he is performing outstanding duty in the field. That does not have anything in the world to do with his claim, but I thought that the committee would be interested in his present status.

Mr. WARD JOHNSON. What is his rank?

Colonel KnightON. A major in the Reserve. He is a Reserve officer. He was first assigned to active duty with the C. C. C.

Mr. BRADLEY. Can you tell me this: He was a captain--not with respect to this bill, but as a general inquiry.

With regard to officers, or enlisted personnel who lose their effects, their clothing and all of their valuables in connection with the sinking of a ship, or any other military happening, what is your ordinary routine and procedure? They do not all have to file bills, do they?

Colonel KNIGHTON. No, sir; they do not. They merely submit the claim. It comes to the Marine Corps. The Marine Corps goes over the claim. There is a formula used by which adjustments are calculated. The adjusted claim then goes to the commandant for approval. In the Navy it goes to the Chief of Naval Personnel. If approved, the Marine Corps claim is paid by our paymaster-that if the articles were lost through operations of war or through the sinking of a ship or marine disaster.

Mr. GRANT. I move that we favorably report the bill.

Mr. BRADLEY. Without objection, H. R. 242 is favorably reported by the committee.

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

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HEARING ON S. 1427 TO AUTHORIZE THE APPOINTMENT OF

GREGORY BOYINGTON A FIRST LIEUTENANT IN THE MARINE CORPS

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

SUBCOMMITTEE PRIVATE Bills No. 1,

Washington, D. C., Wednesday, February 16, 1944. The committee met at 10:30 a. m., Hon. Michael J. Bradley (chairman) presiding. Mr. BRADLEY. We will take up for consideration bill S. 1427. (The bill referred to is as follows:)

(S. 1427, 78th Cong. Ist sess.)

AN ACT To authorize the appointment of Gregory Boyington a first lieutenant in the Marine Corps

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 Gregory Boyington, formerly a first lieutenant, United States Marine Corps, a first lieutenant on the active list of the Marine Corps, with the same date of rank and precedence held by him under such former commission: Provided, That the said Gregory Boyington shall be an additional number in the grade of first lieutenant, and to any to which he may hereafter be appointed: Provided further, That nothing herein shall be construed to entitle the said Gregory Boyington to any back pay, allowances, or other emoluments by reason of the enactment of this Act.

Passed the Senate December 9 (legislative day, December 7), 1943.
Attest:

EDWIN A. HALSEY, Secretary.
Mr. BRADLEY. We will now have the clerk read the report.
The CLERK (reading):

(No. 146]

To AUTHORIZE THE APPOINTMENT OF GREGORY BOYINGTON A FIRST LIEUTENANT

IN THE MARINE CORPS (H. R. 3506)

Navy DEPARTMENT,

Washington, October 8, 1943. Hon. Sam RAYBURN,

Speaker of the House of Representatives. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to authorize the appointment of Gregory Boyington a first lieutenant in the Marine Corps.

As indicated in its title, the purpose of the proposed bill is to authorize the President to appoint Gregory Boyington a first lieutenant in the Marine Corps and to give him the same rank and precedence as he held under a former commission in the Marine Corps.

Gregory Boyington was born December 4, 1912, and holds a degree of bachelor of science in aeronautical engineering from the University of Washington. On January 9, 1936, he was appointed an aviation cadet in the Marine Corps Reserve and after completing a course of instruction, he was designated a naval aviator and appointed a second lieutenant' in the Regular Marine Corps on July 1, 1937. He was appointed a first lieutenant on October 21, 1940, and he served in various aviation units and activities until August 27, 1941, when he resigned his commission to join the American Volunteer Group (Flying Tigers).

(1327)

94266-44-No. 188

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