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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 Myers was honorably discharged from the United States Navy.

The Navy Department recommends against enactment of the bill H. R. 3694.

If the committee decides to make favorable report on the bill H. R. 3694, notwithstanding the foregoing, it is further recommended that the bill be changed to read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges and benefits upon honorably discharged soldiers and sailors Charles Myers, formerly chief commissary steward, United States Navy, shall hereafter be held and considered to have been honorably discharged from the United States. Navy on October 10, 1942: Provided, That no compensation, retirement pay, back pay, pension, or other benefit shall be held to have accrued prior to the passage of this act.

Adoption of the above phraseology would not cause an alteration of the records of the Navy Department showing that Myers received a bad-conduct discharge on October 10, 1942.

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,

JAMES FORRESTAL, Acting.

C

[No. 168]

TO AUTHORIZE THE PRESIDENT OF THE UNITED STATES TO PRESENT A CONGRESSIONAL MEDAL OF HONOR TO JENNINGS JACK BENNETT (H. R. 3505). MR. NORMAN

Hon. CARL VINSON,

NAVY DEPARTMENT, Washington, December 31, 1943.

Chairman of the Committee on Naval Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN. The bill (H. R. 3505) to authorize the President of the United States to present a Congressional Medal of Honor to Jennings Jack Bennett, was referred by your committee to the Navy Department with request for views and recommendation. The purpose of the bill is to authorize the President, in the name of Congress, to present a medal of honor to Jennings Jack Bennett, Coxswain, United States Navy, for his actions on July 16, 1942, while he was in charge of a gun crew aboard a United States merchant vessel and such vessel was attacked and sunk by an enemy raider.

At a meeting of the Navy Department Permanent Board of Awards on October 7, 1943, consideration was given to the case of the armed guard crew of the S. S. William F. Humphrey in an action with an enemy raider on July 16, 1942, and it was recommended that Jennings Jack Bennett, coxswain, United States Navy, be addressed a letter of commendation by the Secretary of the Navy for his conduct during that action. This recommendation was approved by the Secretary of the Navy.

The matter was further considered by the Board on February 11, 1943, and it was recommended that Bennett be awarded the Silver Star Medal for having distinguished himself conspicuously by gallantry and intrepidity in action with an enemy raider on July 16, 1942. This recommendation was approved and the award has been made. Also Bennett was awarded the Purple Heart for wounds received on that occasion.

The Navy Department is of the opinion that the award of the Silver Star Medal and the Purple Heart is sufficient recognition of Bennett's meritorious actions and such award is in keeping with the policy of the Department in making awards. It is felt that the award of the Silver Star is sufficient recognition and were the Medal of Honor awarded, it would serve to lower the high standard set by the Navy Department for that decoration.

Accordingly, the Navy Department recommends against the 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,

JAMES FORRESTAL, Acting.

94266-44-No. 168

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[No. 169]

HEARING ON H. R. 1023, A BILL TO ESTABLISH A CHIEF OF CHAPLAINS OF THE UNITED STATES NAVY

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

Washington, D. C., Wednesday, December 15, 1943.

The committee met at 10:30 a. m., the Honorable Carl Vinson (chairman), presiding.

The CHAIRMAN. The purpose of the hearing this morning is to take up H. R. 1023, a bill introduced by our distinguished colleague from Vermont, Mr. Plumley.

(The bill referred to is as follows:)

[H. R. 1023, 78th Cong., 1st Sess.]

A BILL To establish a Chief of Chaplains of the United States Navy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That one chaplain on the active list in the Corps of Chaplains of rank not below that of lieutenant commander may be appointed by the President and with the advice and consent of the Senate to be Chief of Chaplains of the United States Navy. He shall serve as such for four years, and shall have the rank, pay, and allowance of captain while so serving. His duties shall include investigation into the qualifications of candidates for appointment as acting chaplains and chaplains and general coordination and supervision of the work of chaplains: Provided, That until the termination of the wars in which the United States is now engaged or such earlier date as the Congress by concurrent resolution may fix, the Chief of Chaplains shall be entitled to hold the temporary rank of rear admiral, and shall receive the pay and allowances of a rear admiral of the lower half while serving in such grade.

The CHAIRMAN. I see Mr. Plumley is here this morning. The committee will be glad to have him make a statement, if he so desires. STATEMENT OF HON. CHARLES A PLUMLEY, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF VERMONT

Mr. PLUMLEY. Mr. Chairman, this bill undertakes to provide for the establishment of the office of Chief of Chaplains of the United States Navy. It was introduced by me in the House and by Senator Walsh in the Senate at the request of the heads of the several religious bodies of this country interested particularly in the Army and the Navy.

The gentlemen, some of whom are present this morning and who will testify at your request and sufferance, convinced us that the best interests of the Navy would be served were this rank conferred temporarily upon some officer of the Navy for the duration.

Now, I agree they are right, and I do not understand why it would have to be necessary to have an act of Congress in order to carry out the wishes of the groups which these gentlemen represent because, in my judgment, this matter could all have been handled by an order (1235)

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from the Secretary of the Navy designating some officer to act in that capacity for the duration.

Now, I may be wrong as to that, but I have not been so advised, and if it is necessary to have a bill, then here is the bill which is no subterfuge, drawn at my request by the Navy Department and followed by an adverse report thereon.

The CHAIRMAN. Mr. Plumley, in reference to your statement concerning the Secretary issuing an order creating a rank of admiral in the Chaplains Corps, the law precludes them from being higher than the rank of captain. Therefore, it is necessary to have a statute to permit the rank of admiral to be given to any member of the Chaplains Corps, and carrying out that, you have introduced your bill.

Mr. PLUMLEY. That is right. That is all I have to say. I am in favor of the bill naturally.

Mr. COLE. I would like to ask Mr. Plumley's opinion as to whether he believes it should be possible and whether his bill makes it possible, if enacted, for the Navy to enroll in the Reserves at the rank of lieutenant commander any civilian chaplain and thereafter in a very short period of time promote him to chief of the Corps of Chaplains.

Mr. PLUMLEY. If the bill does not provide it, it should be amended so as to make that possible; but that subject matter was discussed with the Navy at the time that this bill was drawn.

Mr. COLE. Do you think that it should be possible for the Navy to take a civilian minister, after enactment of this bill, enroll him as a Reserve, and automatically move him up to the head of the corps? Mr. PLUMLEY. I would not do it, but it might be necessary to have it possible in order to meet the demands of the Navy.

Mr. BRADLEY. You would not have any objection if your bill were amended to stipulate that any officer so designated as the chief chaplain with a rank of admiral as specified in the bill, would have to be a regular Navy officer with so many years' service?

Mr. PLUMLEY. If I had my say, I would have that in the bill.

Mr. MAAS. Would the gentlemen yield right there? I think the bill covers that, but I would like to ask the Judge Advocate General whether when it says, that one chaplain on the active list in the Corps of Chaplains-would that not mean a member of the Regular Navy? The CHAIRMAN. That is right.

Mr. MAAS. That is my understanding of it, so this would not permit the thing that Mr. Cole suggests might happen.

Mr. PLUMLEY. That would be satisfactory to me.

Mr. COLE. When a reservist goes on active duty, is he not on the active list of the Navy?

Captain RAMSEY. Not within the intent of the bill.

Mr. COLE. Not within the wording of the bill?

Mr. BRADLEY. Within the use of the word "active," in accordance with Navy custom, does that always mean a regular officer?

Captain RAMSEY. Yes.

The CHAIRMAN. Thank you very much. Mr. Plumley.

I am going to ask the Reverend S. A. Devan to appear before us

now.

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