TO PLACE GEORGE K. SHULER ON THE RETIRED LIST OF THE UNITED STATES MARINE CORPS (H. R. 1028). MR. DELANEY

NAVY DEPARTMENT, Washington, January 26, 1937.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 1028) to place George Shuler on the retired list of the United States Marine Corps was ferred to the Navy Department by your committee on January 8, 7, with a request for report and recommendation.

The purpose of this bill is to authorize the President to appoint rge K. Shuler, formerly a captain, United States Marine Corps, a aptain in the United States Marine Corps, and to place him upon the red list of the Marine Corps as a captain, with the retired pay of at grade or upon the active list in the rank and grade entitled: ovided, that before retiring him a duly constituted marine retiring ard finds that the said George K. Shuler incurred physical disability ident to the service in the line of duty.

w York.

The records of the Navy Department show that George K. Shuler, December 15, 1884, was appointed a second lieutenant in the Marine Corps October 29, 1910; was promoted first lieutenant June 1916; captain, August 29, 1916; and major (temporary) July 1, His temporary appointment as major was revoked July 31, 19, and he reverted to the rank of captain. He resigned December 1922, in order to accept appointment as treasurer of the State of Mr. Shuler was appointed a major in the Marine Corps Reserve ecember 31, 1925, and assigned to inactive status. On October 25, 4. he was transferred to the honorary retired list of the Reserve, ng been found not physically qualified upon examination for Major Shuler served with distinction during the World War, ving overseas with the American Expeditionary Forces from June .1917, to March 12, 1919. He participated in the Aisne-Marne sive (Chateau Thierry), June 1 to July 6, 1918; Aisne-Marne desive (Soissons), July 17 to 21, 1918; Marbache sector, (Pont-aMasson), August 7 to 16, 1918; St. Mihiel offensive, September 12 15, 1918; Meuse-Argonne offensive (Champagne), October 1 to 9; d Meuse-Argonne offensive (Argonne Forest), November 1 to 11, 3. He was awarded the following decorations for World War Te Distinguished Service Medal (Army), Distinguished Service dal Navy), silver star decoration with two oak-leaf clusters, x de Guerre with two palms, Legion of Honor with rank of

Potion.

beraber.

While this officer rendered distinguished service in the Marine Corps, he resigned therefrom voluntarily, for his personal convenience. It is the policy of the Navy Department to look with disfavor upon proposals to restore ex-officers to the active list. Such restoration after resignation tends to unsettle the stability of officers remaining in the service by inculcating the idea that they can resign when they so desire and can reenter the service at will. A precedent of the appointment of one officer by special legislation would undoubtedly be the basis for the application of many others for similar action in their favor. It is not believed that an exception should be made in this

case.

This bill, if enacted into law, would result in a cost to the Government of $3,278 if active duty pay as a captain were received, or $2,160 if retired pay.

The Navy Department recommends against the enactment of the bill H. R. 1028.

Sincerely yours,

CLAUDE A. SWANSON.

О

FOR THE RELIEF OF HARRY JAMES FOSTER (H. R. 1369). MR.

HARTLEY

NAVY DEPARTMENT, Washington, January 26, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: The bill (H. R. 1369) for the relief of Harry James Foster was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to consider Harry James Foster as having been honorably discharged from the Marine Corps on March 25, 1919. The records of the Navy Department show that Harry James Foster was born on December 24, 1887, and enrolled as a private in the Marine Corps Reserve on April 27, 1917, for a period of 4 years. He served on active duty from date of enrollment until March 25, 1919, when he was discharged pursuant to the sentence of a summary court martial, with a bad-conduct discharge.

Private Foster served at the Marine Barracks, Navy Yard, New York, N. Y., from April 27, 1917, to May 16, 1917, when he was transferred to the Fifty-ninth Company, Seventh Regiment at that post. With the Fifty-ninth Company he embarked on board the U. S. S. Prairie at the Navy Yard, Philadelphia, August 18, 1917, for expeditionary duty, disembarking August 27, 1917, at Guantanamo Bay, Cuba. He served on expeditionary duty in Cuba until February 1919, when he returned to the United States, joining the Marine Barracks, Navy Yard, Charleston, S. C., February 19, 1919. ing his service he committed the following offenses:

September 8, 1917: A. W. O. L. 25 hours, 25 minutes. He was tried by deck court and sentenced to $15 loss of pay.

November 11, 1917: Drunk and disorderly while on liberty, resisting arrest and using obscene and threatening language toward the officer in command of the provost guard. He was tried by summary court martial and sentenced to $90 loss of pay and solitary confinement for 10 days.

June 22, 1918: Failing to obey an order.

August 23, 1918: Disrespectful language and deportment to his superior officer. He was tried by deck court and sentenced to solitary confinement for 10 days and $20 loss of pay.

September 8, 1918: A. W. O. L. 8 hours, returning by unauthorized route. He was tried by deck court and sentenced to solitary confinement for 10 days and $20 loss of pay.

January 7, 1919: He was insolent to a noncomissioned officer, and failed to obey a lawful order of a noncommissioned officer. He was tried by summary court martial, sentenced to extra police duty 90 days, to lose $99 pay and to be discharged with a bad conduct discharge.

This bill, if enacted into law, would result in no cost to the Navy; however, it is probable that a charge under the Veterans' Administration would be involved now or in the future.

The Navy Department recommends against the enactment of the bill H. R. 1369.

Sincerely yours,

CLAUDE A. SWANSON.

TO AMEND AN ACT ENTITLED “AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 13, 1910, AND FOR OTHER PURPOSES”, APPROVED March 3, 1909, TO EXTEND COMMISSARY PRIVILEGES TO WIDOWS OF OFFICERS AND ENLISTED MEN OF THE NAVY AND MARINE CORPS, AND ALSO TO OFFICERS OF THE foreign serVICE OF THE UNITED STATES AT FOREIGN STATIONS (H. R. 3907). MR. VINSON OF GEORGIA

NAVY DEPARTMENT, Washington, January 23, 1937.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill "To amend an act entitled 'An act making appropriations for the naval service for the fiscal year ending June 13, 1910, and for other purposes', approved March 3, 1909, to extend commissary privileges to widows of officers and enlisted men of the Navy and Marine Corps, and also to officers of the Foreign Service of the United States at foreign stations."

The purpose of this proposed legislation is to extend the class of persons already authorized to patronize the Navy commissary stores to include widows of officers and enlisted men and also officers of the Foreign Service of the United States when serving beyond the continental limits of the United States.

The Naval Appropriation Act, approved March 3, 1909 (35 Stat. 768; U. S. C., title 34, sec. 533), contains the following provision:

That hereafter such stores as the Secretary of the Navy may designate may be procured and sold to officers and enlisted men of the Navy and Marine Corps, also to civilian employees at naval stations beyond the continental limits of the United States and in Alaska, under such regulations as the Secretary of the Navy may prescribe.

So much of the proposed legislation as relates to officers of the Foreign Service of the United States may be taken advantage of only by such officers who are on foreign stations where commissary stores of the naval service exist-at the present time, China.

The difficulties experienced by officers of the Foreign Service located in isolated sections of foreign countries, in obtaining from the natives the kind of provisions to which Americans are accustomed, will be appreciated. The legislation with respect to such officers is sought to relieve the situation at the solicitation of the State Department. The proposed legislation will result in no additional cost to the Government.

The Navy Department recommends that the proposed legislation be enacted.

The proposed legislation is in accord with the program of the President.

Sincerely yours,

CLAUDE A. SWANSON.