[No. 182] HEARING ON S. 176 FOR THE RELIEF OF AUSTIN L. TIERNEY HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON PRIVATE BILLS No. 1, COMMITTEE ON NAVAL AFFAIRS, Washington, D. C., Wednesday, February 16, 1944. The subcommittee met, pursuant to notice, at 10:30 a. m., the Honorable Michael J. Bradley presiding, for consideration of S. 176, which is as follows: [S. 176, 78th Cong., 1st sess.] AN ACT For the relief of Austin L. Tierney Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Private Law Numbered 99, Seventy-fourth Congress, an Act for the relief of Austin L. Tierney, is amended as follows: ": Provided, That compensation, retirement pay, back pay, or other benefits shall be held to have accrued and that this man will be entitled to the benefits, privileges, and rights conferred upon an honorably discharged sailor by reason of the passage of this Act." Passed the Senate February 15, 1943. EDWIN A. HALSEY, Secretary. Mr. BRADLEY. The next matter is S. 176, an act for the relief of Austin L. Tierney. Mr. Heffernan, who is a member of the Naval Affairs Committee, introduced a bill, H. R. 1586, for Father Peter Duffey, and because he is a member of the committee, I think Mr. Vinson wants to extend every courtesy to him regarding this bill. Will you be good enough to ask the Bureau of the Budget to give us the report on it as quickly as possible. As I understand it he sustained injuries due to heroic services he performed at the time of the burning of the Normandie. He was a civilian clergyman, and Mr. Heffernan introduced this bill for him, and because he is a member of the committee, Mr. Vinson wants to handle that as expeditiously as possible and get it out as quick as we can. Captain RAMSAY. Yes, sir; I have been after the Bureau of the Budget to get it out, but there is some hold-up on it, in getting the view of the Veterans' Bureau on it. Mr. BRADLEY. Read the report, Mr. Clerk. (Thereupon the report on S. 176 was read by the clerk, as follows:) [No. 63] FOR THE RELIEF OF AUSTIN L. TIERNEY (S. 176) NAVY DEPARTMENT, Washington, March 23, 1943. Hon. CARL VINSON, Chairman of the Committee on Naval Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: The bill (S. 176) for the relief of Austin L. Tierney was referred to the Navy Department by your committee with request for report and recommendation. The purpose of the bill S. 176 is to amend, as follows, Private Law No. 99, Seventy-fourth Congress, an act for the relief of Austin L. Tierney: "Provided, That compensation, retirement pay, back pay, or other benefits shall be held to have accrued and that this man will be entitled to the benefits, privileges, and rights conferred upon an honorably discharged sailor by reason of the passage of this act." Private Law No. 99, approved June 24, 1935, provided that Tierney "shall be held and considered to have been honorably discharged from the naval service of the United States as a fireman, third class, on April 25, 1918: Provided, That no compensation, retirement pay, back pay, or other benefits shall be held to have accrued, nor to accrue in the future, by reason of the passage of this act." The enactment of Private Law No. 99 was prompted by the doubt cast on Tierney's mental condition at the time of the commission of the offense for which he was tried (10 days' absence) and by a study of his medical record prior to his enlistment. Under the circumstances of this case the Navy Department perceives no objection to further relief for Tierney so as to accomplish, in general, the objective of the bill S. 176. It is recommended, however, that it be revised in accordance with the enclosed draft. The Navy Department has been advised by the Bureau of the Budget that if amended as above indicated the enactment of the proposed legislation would not be in conflict with the program of the President. Sincerely yours, FRANK KNOX. The CLERK. We have a letter, Mr. Chairman, from the Veterans' Administration on this. Do you have a copy of that letter? Mr. BRADLEY. What do they say? The CLERK. It is a pretty long letter. Mr. BRADLEY. What is a synopsis of it? The CLERK. I think they want to amend it. Do you want me to read the letter? Mr. HEIDINGER. What is the substance of the letter? Mr. BRADLEY. It seems to me the object of the bill is to give him an honorable discharge in order to make him eligible for certain compensation, and it seems that any offense he committed which brought about a discharge other than honorable was because of a mental condition. Do you have any information on that? Captain HEDERMAN. No, sir; except by private legislation a few years ago, in the Seventy-fourth Congress, he was considered to have been honorably discharged. Under the provisions of that private act no compensation was to have accrued or to accrue in the future. Now, they want to wipe that proviso out and say that compensation will accrue for anything that the Veterans' Administration wants to give him. Mr. BRADLEY. What does the Veterans' Administration say? Further reference is made to your letter dated February 23, 1943, requesting a report on S. 176, Seventy-eighth Congress, an act for the relief of Austin L. Tierney, which provides: "That Private Law Numbered 99, Seventy-fourth Congress, an Act for the relief of Austin L. Tierney, is amended as follows:: Provided, That compensation, retirement pay, back pay, or other benefits shall be held to have accrued and that this man will be entitled to the benefits, privileges, and rights conferred upon an honorably discharged sailor by reason of the passage of this Act.'" Private Law No. 99, Seventy-fourth Congress, approved June 24, 1935, provides: "That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers, Austin L. Tierney, who served as a fireman, third-class, United States Navy, shall be held and considered to have been honorably discharged from the naval service of the United States as a fireman, third class, on April 25, 1918: Provided, That no compensation, retirement pay, back pay, or other benefits shall be held to have accrued, nor to accrue in the future, by reason of the passage of this Act." It will be noted that S. 176 does not provide for the repeal of the proviso of Private Law No. 99, Seventy-fourth Congress, and that the provisos of Private Law No. 99 and S. 176 are contradictory. The records of the Veterans' Administration indicate that Austin L. Tierney enlisted in the United States Navy on May 14, 1917, and was dishonorably discharged December 28, 1918, as the result of the findings of a general court martial on April 25, 1918. The charge for which Mr. Tierney was court martialed was absence from station and duty after his leave had expired. The specification in the charge was that after expiration of leave on December 26, 1917, he failed to return to his station and duty and remained absent therefrom without leave from proper authorities for a period of about 10 days. Upon entry of a plea of guilty, he was sentenced to be confined for a period of 1 year and 6 months and then to be dishonorably discharged from the United States Navy. While under confinement in the naval hospital, Portsmouth, N. H., he was brought before a board of medical survey in September 1918, because of an apparent manic onset. His case was diagnosed as psychosis, manic depressive, origin not in line of duty and not due to his own misconduct. Mr. BRADLEY. Origin not in the line of duty? The CLERK [reading]: Origin not in line of duty and not due to his own misconduct. Information furnished by the Navy Department indicates that the bill, if enacted, would probably result in the following costs: (1) $112, representing mileage to which Tierney would have been entitled at the time of his discharge; (2) for 4 months' pay at the rate of $24 per month, lost while absent without leave and conviction by court martial; and (3) $848 under the appropriations of the Veterans' Administration for adjusted compensation, Mr. BRADLEY. What is the date of this letter? The CLERK. March 6, 1943. Mr. GRANT. What is that $848? The CLERK. Appropriations of the Veterans' Administration for adjusted compensation. [Reading:] and "possible further charges against such appropriations for hospitalization, disability allowance, and other benefits of which the Navy Department has no knowledge.' The available records pertaining to the case of Mr. Tierney do not indicate the nature or extent of any service-connected disability from which he has suffered since discharge from naval service. Enactment of the bill, however, would grant him entitlement to compensation in proportion to the degree of any disability resulting from service. The proviso would require retroactive payment of any compensation which could be held to have accrued, the amount of which cannot be estimated. Generally, bills of this nature prohibit payment of accrued benefits, but authorize benefits prospectively only under the present laws. It is the policy of the Veterans' Administration not to recommend proposed legislation which might result in retroactive payments of benefits or gratuities which are basically designed for the current support of the recipient. Accordingly, it is recommended that the bill be amended to provide for the payment of benefits, otherwise authorized, prospectively insofar as the laws administered by the Veterans' Administration are concerned as indicated in the attached draft of a proposed amendment of S. 176. If amended, as suggested, the Veterans' Administration would recommend favorable consideration of the bill, but for the reasons stated cannot recommend favorable consideration of the same in its present form. Advice has been received from the Bureau of the Budget that there would be no objection by that office to the submission of this report to your Committee. Very truly yours, FRANK T. HINES, Administrator. Mr. BRADLEY. That would apply to future payments not retroactively. Private Law No. 99, Seventy-fourth Congress, provides: That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers, Austin L. Tierney, who served as a fireman, third class, United States Navy, shall be held and considered to have been honorably discharged from the naval service of the United States as a fireman, third class, on April 25, 1918. Provided that no compensation, bonuses, or other benefits, except mileage to which Tierney would have been entitled at the time of discharge, and 4 months' active service pay, and adjusted compensation benefits shall be held to accrue to Austin L. Tierney for any period prior to its passage. I interpret that to mean that they do not want to make it retroactive except as to payment due for his wages, adjusted-service compensation, and 4 months' active service pay while on duty, and he will not get retroactive benefits for disability, but he will be eligible for disability payments from here on in. The CLERK. That is right, after the passage of the act. Mr. BRADLEY. I think that is fair. It is my experience that if the Veterans' Administration decides these things in favor of a man it is pretty safe to rely on their judgment because they do not do it promiscuously. Mr. HEIDINGER. He will not get back benefits? Mr. BRADLEY. No, he will not get back benefits. The CLERK. They have already passed a private bill giving him an honorable discharge, and this bill sets out the amount he will be entitled to recover. Mr. GRANT. I move that the bill be favorably reported with the amendment. (The motion was carried.) Mr. BRADLEY. The bill will be favorably reported with the amendment. (Thereupon the committee proceeded to the consideration of other business.) [No. 183] HEARING ON H. R. 3247, FOR THE RELIEF OF JOSEPH LANGHORNE WALKER HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON PRIVATE BILLS No. 1, Washington, D. C., Wednesday, February 16, 1944. The subcommittee met at 10:30 a. m., pursuant to notice, the Honorable Michael J. Bradley presiding, for consideration of H. R. 3247, which is as follows: [H. R. 3247, 78th Cong., 1st sess.] A BILL For the relief of Joseph Langhorne Walker Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to appoint Joseph Langhorne Walker, formerly an ensign, United States Navy (retired), on the retired list of the Navy in the grade of ensign with the retired pay of that grade: Provided, That, upon appointment, the said Joseph Langhorne Walker shall take rank from June 3, 1937, and shall be entitled to all retired pay which he would have received had his former status on the retired list not been terminated on November 13, 1942, by reason of his resignation which was accepted incident to an erroneous assumption that he was to be appointed to commissioned rank in the Army of the United States. Mr. BRADLEY. We have next for consideration H. R. 3247, introduced by Mr. Beckworth, for the relief of Joseph Langhorne Walker. The clerk will read the report from the Department. (Thereupon the report from the Department was read by the clerk as follows:) [No. 158] FOR THE RELIEF OF JOSEPH LANGHORNE WALKER (H. R. 3247). Hon. CARL VINSON, NAVY DEPARTMENT, Washington, December 4, 1943. Chairman of the Committee on Naval Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: The bill (H. R. 3247) for the relief of Joseph Langhorne Walker, was referred by your committee to the Navy Department with request for views and recommendation. The purpose of the bill is to authorize the Secretary of the Navy to appoint Joseph Langhorne Walker on the retired list as an ensign, to rank from June 3, 1937. The bill also provides that Mr. Walker, when so appointed, shall be entitled to retired pay from the time his retired status was terminated on November 13, 1942. Joseph Langhorne Walker was appointed a midshipman on June 15, 1933, and was commissioned an ensign to rank from June 3, 1937. On October 1, 1938, he was placed on the retired list, having been found physically incapacitated (psychosis manic depressive). He was a patient at St. Elizabeths Hospital, (1309) 94266-44-No. 183 |