Sioux allotment claims approved under act of May 3, 1928 (45 Stat. L. 484)—Con. NEBRASKA (SANTEE)—Continued

Sioux allotment claims approved under act of May 3, 1928 (45 Stat. L., 484)—Con.

NOTE. The items designated "No-land money", comprise persons entitled to money in lieu of land under the act of Feb. 10, 1890 (26 Stat. L., 349), but whose names were in some way omitted from the roll therefor.

O

TO INCREASE THE EFFICIENCY OF THE VETERINARY CORPS OF THE REGULAR ARMY

MARCH 13 (calendar day, MARCH 19), 1935.-Ordered to be printed

Mr. CAREY, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 363]

The Committee on Military Affairs, to whom was referred the bill (S. 363) to increase the efficiency of the Veterinary Corps of the Regular Army, having considered the same, report favorably thereon with a recommendation that it do pass amended as follows:

Line 8, following the word "Artillery" strike out the period, and add the following:

Provided, That no back pay or allowances shall be held to have accrued prior to the passage of this Act.

A bill similar to S. 363 passed the Senate during the Seventy-second and the Seventy-third Congresses. The purpose of the bill is to provide that for the purposes of promotion, longevity pay, and retirement there shall be credited to officers of the Veterinary Corps, and former officers of the Veterinary Corps now on the retired list, all full-time service rendered by them as veterinarians in the Quartermaster Department, Cavalry, or Field Artillery.

Congress by act of June 28, 1930 (46 Stat. 829), apparently intended to establish the principle that service as a veterinarian in the Quartermaster Corps should be placed upon a parity for all purposes with service as a veterinarian in the Cavalry and Field Artillery. However, due to two rulings of the Comptroller General, this was not accomplished. S. 363 would permit the 15 officers affected to receive credit for the service mentioned in the bill for longevity pay purposes.

The War Department speaks of this legislation as meritorious, and recommends its favorable consideration. It is estimated that if enacted S. 363 would occasion an expenditure of $967 for the fiscal year 1936. Inasmuch as additional officers can no longer acquire credit for the types of service mentioned in the bill, the cost in future years will diminish as the officers affected leave the active and retired

rolls of the Army. As noted above, the bill is amended so as to provide that no back pay or allowances shall accrue by reason of its passage. Report of the War Department, recommending favorable action on S. 363, follows:

Hon. MORRIS SHEPPARD,

Chairman Committee on Military Affairs,

United States Senate.

MARCH 4, 1935.

DEAR SENATOR SHEPPARD: Careful consideration has been given to the bil! S. 363, a bill to increase the efficiency of the Veterinary Corps of the Regular Army, which you transmitted to the War Department under date of January 10, 1935, with a request for information and the views of the Department relative thereto.

The more important provisions of existing law that would be affected by the passage of the bill are as follows:

(a) Section 16 of the act of June 3, 1916 (39 Stat. 176-177), which established the Veterinary Corps as a part of the Medical Department of the Army and provided for appointing therein the existing veterinarians of Cavalry and Field Artillery and those employed in the Quartermaster Corps. It required that such appointments be subject to passing a satisfactory professional and physical examination and further provided that these veterinarians who failed to pass the prescribed physical examination because of disability incident to the service should be placed on the retired list of the Army with 75 percent of the pay to which they would have been entitled if appointed in the Veterinary Corps.

(b) The sixth paragraph of section 127a, act of June 4, 1920 (41 Stat. 785), which provides that:

"In determining relative rank and increase of pay for length of service, and, in the case of officers of the Regular Army, in determining rights of retirement, active duty performed while under appointment from the United States Government, whether in the Regular, provisional, or temporary forces, shall be credited to the same extent as service under a Regular Army commission."

(c) Section 1 of the act of June 28, 1930 (46 Stat. 829), which provides: "That for purposes of promotion, longevity pay, and retirement there shall be credited to officers of the Veterinary Corps all full-time service rendered by them as veterinarians in the Quartermaster Department, Cavalry, or Field Artillery prior to June 3, 1916."

The legislation proposed in S. 363 would amend the last of the laws quoted by inserting after the words "Veterinary Corps" the words, "and former officers of the Veterinary Corps now on the retired list", and by striking out the words, "prior to June 3, 1916.'

The sequence of events which brought about the condition that S. 363 is apparently designed to change, is somewhat complicated. The steps are stated chronologically below:

(a) In determining the right of officers of the Veterinary Corps to increases in pay for length of service under section 127a of the act of June 4, 1920 (see above), the former veterinarians of the Cavalry and Field Artillery were allowed credit for their service as such. However, the Comptroller General held (2 C. G. 350) that service as a veterinarian in the Quartermaster Corps could not be counted for longevity pay purposes.

(b) Subsequently, the act of June 28, 1930, was enacted for the apparent purpose of placing service as a veterinarian in the Quartermaster Corps on a parity with such service in the Cavalry and Field Artillery.

(c) In construing the provisions of the act of June 28, 1930, the Comptroller General has rendered two decisions which deny credit, for purposes of longevity pay, for certain services as veterinarians in the Quartermaster Corps. Such credit is denied by the decision of May 2, 1931, to former veterinarians of the Quartermaster Corps who had been placed on the retired list of the Army prior to June 28, 1930, and, by the decision of December 21, 1931, to those active officers of the Veterinary Corps who served as veterinarians in the Quartermaster Corps subsequent to June 3, 1916, and were later commissioned in the Army. The foregoing decisions affect 6 officers of the Veterinary Corps, on the active list, and 9 officers on the retired list.

S. 363 would permit the 15 officers affected to receive credit for the service menti ed in the bill for longevity pay purposes. The credit for the service menti ned for promotion and retirement purposes applies only to the 6 officers

on the active list. The retirement provision pertains chiefly to the Federal statute permitting retirement, under certain conditions, after 30 years of active service. The promotion provision would advance the dates on which the six officers will be promoted. Promotion in the Veterinary Corps to the various grades is made upon the completion of a fixed number of years of commissioned service. The advancement of the dates of promotion would be slight, for these officers have service for which they might take credit varying in length from 34 days to 1 year.

Congress, by the act of June 28, 1930, apparently intended to establish the principle that service as a veterinarian in the Quartermaster Corps should be placed upon a parity for all purposes with service as a veterinarian in the Cavalry and Field Artillery. Due to the rulings of the Comptroller General, this was not accomplished. The enactment of S. 363 would carry out the original purpose; therefore the proposal is meritorious.

The estimated cost of the bill, if enacted, would be $967 for the fiscal year 1936. As additional officers can no longer acquire credit for the types of service mentioned in the bill, the cost in future years would diminish as the officers affected leave the active and retired rolls of the Army.

It has been ascertained that the enactment of this legislation would be in accord with the financial program of the President if it is amended to provide that no back pay or allowances shall accrue by reason of its passage.

Accordingly, the War Department recommends that the following proviso be added to S. 363:

Provided, That no back pay or allowances shall be held to have accrued prior to the passage of this Act.'

Amended as above proposed, the enactment of the bill is recommended.

Sincerely yours,

Geo. H. Dern, Secretary of War.

Senate Report No. 69, Seventy-third Congress, second session, to accompany S. 1286, submitted by your committee to the Senate on May 12, 1933, follows:

The Committee on Military Affairs, to which was referred the bill (S. 1286) to increase the efficiency of the Veterinary Corps of the Regular Army, having considered the same, reports favorably thereon with the recommendation that it do pass.

A similar bill was reported favorably by your committee in the Seventy-second Congress and was passed by the Senate but failed to receive action in the House. A copy of the committee's report on that bill, explaining its features, is made a part of this report and reads as follows:

"The Committee on Military Affairs, to which was referred the bill (S. 2774) to amend an act to increase the efficiency of the Veterinary Corps of the Regular Army, approved June 28, 1930, having considered the same, reports favorably thereon with the recommendation that it do pass, amended as follows:

"Change the title so as to read:

"To increase the efficiency of the Veterinary Corps of the Regular Army.' "The purpose of this bill is to permit certain officers of the Veterinary Corps to count, for purposes of promotion, longevity pay, and retirement, periods served by them in the Quartermaster Department of the Army.

"The report of the Secretary of War to the chairman of the Senate Committee on Military Affairs, giving the status of these officers and the effect of the bill, if enacted, is made a part of this report, and reads as follows:

Hon. DAVID A. REED,

WAR DEPARTMENT, Washington, D. C., March 4, 1932.

Chairman Committee on Military Affairs, United States Senate. DEAR SENATOR REED: Careful consideration has been given to the bill S. 2774, Seventy-second Congress, "To amend an act to increase the efficiency of the Veterinary Corps of the Regular Army, approved June 28, 1930," which you transmitted to the War Department under date of January 16, 1932, with a request for information and the views of the Department relative thereto.

The more important provisions of existing law that would be affected by the passage of the bill are as follows:

(a) Section 16 of the act of June 3, 1916 (39 Stat. 176-177), which established the Veterinary Corps as a part of the Medical Department of the Army and