PROHIBITING OFFICERS OF THE NAVY FROM SERVING MORE THAN 4 YEARS OUT OF ANY CONSECUTIVE 8 YEARS ON DUTY IN THE NAVY DEPARTMENT, WASHINGTON, D. C. (H. R. 5048). MR. MAAS

NAVY DEPARTMENT, Washington, April 13, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: The bill (H. R. 5048) prohibiting officers of the Navy from serving more than 4 years out of any consecutive 8 years on duty in the Navy Department, Washington, D. C., was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of the bill H. R. 5048 is to prohibit officers of the United States Navy of the grade of ensign and above, with certain exceptions, from serving on duty in the Navy Department, Washington, D. C., more than 4 out of any 8 consecutive years unless the President shall determine that the public interests so require.

The present policy of the Navy Department does not permit an officer to have two consecutive tours of shore duty in the Navy Department unless the Secretary of the Navy determines the necessity thereof in each case.

Although the policy outlined above has been adopted as the governing rule, there is also an endeavor to select specially qualified officers for some of the more important administrative duties in the Navy Department in order that the Government may derive the maximum benefit from their specialized knowledge of departmental procedure. This, naturally, frequently results in the necessity of assigning some officers to one or more repeated tours of duty in the Navy Department.

The Navy Department considers that any legislative restriction governing assignments to duty would be detrimental to the efficiency of the Naval Establishment in that it would curtail the administrative authority of the Secretary of the Navy.

The Navy Department recommends against the enactment of the bill H. R. 5048.

The bill H. R. 5048 is not in accord with the program of the President.

Sincerely yours,

CLAUDE A. SWANSON.

91216-37-No. 278

(571)

GRANTING THE RETIRED PAY AND ALLOWANCES COMMENSURATE WITH THE RANK AND GRADE OF LIEUTENANT COLONEL TO EDMUND SEARS SAYER, UNITED STATES MARINE CORPS, RETIRED (H. R. 2778). MR. McGRATH

NAVY DEPARTMENT, Washington, April 15, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 2778) granting the retired pay and allowances commensurate with the rank and grade of lieutenant colonel to Edmund Sears Sayer, United States Marine Corps, retired, was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to authorize the President to grant the retired pay and allowances of his present rank and grade to Lt. Col. Edmund Sears Sayer, United States Marine Corps, retired.

The records of the Navy Department contain the following information concerning the service of Lt. Col. Edmund S. Sayer:

Commissioned a second lieutenant of Infantry on January 23, 1900.

Army, commissioned service: Jan. 23, 1900, to Dec. 31, 1919.

Years Months Days

19

11

9

Commissioned temporary lieutenant colonel of Cavalry (highest war-time rank) August 5, 1917.

Reverted to permanent rank of captain of Cavalry September 20,

1919.

Resigned commission as captain of Cavalry December 31, 1919. Enlisted in Marine Corps February 1, 1922.

Marine Corps, enlisted service: Feb. 1, 1922 to Sept. 15, 1924..

Years Months Days

2

7

15

Retired as sergeant major, United States Marine Corps, September 15, 1924.

Under the provisions of the act of June 6, 1924, section 8 (43 Stat. 472; U. S. C., title 34, sec. 999), the then Sergeant Major Sayer received the retired pay of a retired warrant officer after his retirement because of his honorable service as a commissioned officer during the World War.

The act of May 7, 1932 (47 Stat. 150; U. S. C., title 34, sec. 399e), reads as follows:

All warrant officers and enlisted men who served in the Army, Navy, Marine Corps, or Coast Guard of the United States during the World War or the SpanishAmerican War, and whose service during such war was creditable, and who have been or hereafter may be retired according to law, shall on May 7, 1932, or upon retirement in the case of those now on the active lists of the services named herein, be advanced in rank on the retired list to the highest commissioned, warrant, or enlisted grade held by them during such war: Provided, That nothing in this section shall entitle any of the personnel described herein, while on active duty, to any other rank than that in which they were serving at the time of retirement: And provided further, That no increase in active or retired pay or allowances shall result from the passage of this section.

The then Sergeant Major Sayer received no additional rank through the operation of the above-quoted act because of its interpretation by the Attorney General of the United States contained in a letter dated March 1, 1933, addressed to the Secretary of the Navy, which reads in part as follows:

* * * I am constrained to conclude that the act of May 7, 1932, confers the privilege of advancement in grade to the highest commissioned, warrant, or enlisted grade reached during the World War or the Spanish-American War only upon those warrant officers and enlisted men of the several services mentioned therein who had been or might later be retired in the same branch of the service in which their highest commissioned, warrant, or enlisted grades were attained.

By special act of Congress approved August 24, 1935 (49 Stat. 2169), Sergeant Major Sayer, retired, was given the highest rank he held during the World War, that of lieutenant colonel. The act also provides:

That no increase in active or retired pay or allowances shall result from the passage of this Act over and above that now authorized under the Act of June 6, 1924, to enlisted men on the retired list.

The Navy Department recommended the enactment of the act of August 24, 1935, stating:

Inasmuch as Sergeant Major Sayer, United States Marine Corps, retired, can fulfill all the requirements of the Act of May 7, 1932, except that he is not retired in the same branch of service in which he had attained his highest commissioned rank, the Navy Department recommends the enactment of the bill H. R. 7999 (which became the act of August 24, 1935).

Through the enactment of the act of August 24, 1935, Lieutenant Colonel Sayer has received all advances in rank and increases in pay

that have been provided for war-time personnel with service similar to his. It is to be noted that both the general act of May 7, 1932, and the special act of August 24, 1935, provide specifically that no increase of pay shall result from their enactment. It has been customary to restrict retired pay of such personnel in this manner and the Navy Department considers that it would be manifestly unfair to others who have like service, including many with conspicuous records, if the bill H. R. 2778 is enacted into law.

Under said act of June 6, 1924 (43 Stat. 472), Lieutenant Colonel Sayer receives the pay of a retired warrant officer, $1,665 per annum. Should the bill H. R. 2778 be enacted into law, he would receive the pay of a retired lieutenant colonel with over 18 years' service, $2,925 per annum, an increase of $1,260 per annum.

The Navy Department recommends against the enactment of the bill H. R. 2778.

Sincerely yours,

CLAUDE A. SWANSON.

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