TO PROVIDE FOR THE ADVANCEMENT ON THE RETIRED LIST OF THE NAVY OF JEROME BRAUN, A LIEUTENANT (MEDICAL CORPS), UNITED STATES NAVY, RETIRED (H. R. 6126). MR. HAVENNER

NAVY DEPARTMENT,

Washington, June 8, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 6126) to provide for the advancement on the retired list of the Navy of Jerome Braun, a lieutenant (Medical Corps), United States Navy, retired, was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to advance Lieutenant Braun to the rank of lieutenant commander on the retired list. The bill contains a provision that no increase in retired pay, allowances, or other benefits shall accrue as a result of the passage of the bill.

The records of the Navy Department show that Lieutenant Braun became eligible for promotion, by seniority, to the rank of lieutenant commander on March 1, 1934. He was found by two naval examining boards to be not professionally qualified for promotion, and before he was again reexamined to determine his professional qualifications for promotion he was found by a board of medical examiners to be suffering from a physical disability. The report of this board was approved on August 9, 1935, and he was subsequently found by a naval retiring board to be incapacitated for active service by reason of arthritis, chronic, lumbar and thoracic spine. His retirement was effected, because of such physical disabilities, on February 1, 1936. Had action on the report of the naval retiring board in this case been taken prior to August 5, 1935, Lieutenant Braun would have retired in the grade of lieutenant commander, but under the terms of the act approved August 5, 1935, he was, by operation of law, required to be retired in the grade of lieutenant.

Lieutenant Braun, Medical Corps, United States Navy, retired, is but one of a number of officers affected by the act of August 5, 1935 (49 Stat. 530; U. S. C., title 34, sec. 349 et seq.) and by the act of May 29, 1934 (48 Stat., 814; U. S. C., title 34, sec. 286h et seq.) which had a similar effect on officers of the line. As each of the other officers is as worthy of special consideration as Lieutenant Braun, the Navy Department is opposed to legislation which would single him out for preferential treatment.

The bill H. R. 6126, if enacted into law, would involve no additional cost to the Government in view of the wording of the provisio therein. The Navy Department recommends against the enactment of the bill H. R. 6126.

Sincerely yours,

CLAUDE A. SWANSON.

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FOR THE RELIEF OF JOHN CARVEL (H. R. 6201). MR. WOLVERTON

NAVY DEPARTMENT,

Washington, June 8, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 6201) for the relief of John Carvel, was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to consider John Carvel as having been honorably discharged from the naval service on September 30, 1919. The records of the Navy Department show that John Daniel Carvel was born November 12, 1897, and enlisted as a private in the Marine Corps for a period of 4 years on November 22, 1916. He served until September 30, 1919, when he was dishonorably discharged pursuant to the sentence of a general court martial.

Private Carvel served at Port Royal, S. C.; Philadelphia, Pa.; Quantico, Va.; and Norfolk, Va., from date of enlistment to June 4, 1918, when he embarked on board the U. S. S. Kittery for St. Thomas, Virgin Islands, where he served from June 30, 1918, to March 17, 1919, when he embarked on board the U. S. S. Gulfport for return to the United States as a general court-martial prisoner. Private Carvel qualified as marksman January 24, 1917, and as sharpshooter March 20, 1918. He was five times tried by court martial for offenses committed as follows:

March 30, 1917: Tried by deck court for disobeying order of noncommissioned officer. May 18, 1917: Tried by summary court martial for 3 days' absence over leave. January 17, 1918: Tried by summary court martial for being under the influence of intoxicating liquor at Union Station, Washington, D. C., January 13, 1918, and sentenced to $60 loss of pay and to be discharged with a bad-conduct discharge. The bad-conduct discharge was remitted on condition that Carvell maintain a record satisfactory to his commanding officer for 6 months.

November 26, 1918. Tried by summary court martial for being under the influence of intoxicating liquor and thereby unfit for duty.

February 19, 1919. Tried by general court martial at Marine Barracks, Christiansted, St. Croix, Virgin Islands, and found guilty of drunkenness on duty and sentenced, as mitigated, to be confined for 1 year, and then dishonorably discharged. He was transferred to the naval prison, Portsmouth, N. H., to serve sentence. On September 30, 1919, the unexecuted portion of confinement was remitted, and Private Carvell was dishonorably discharged.

The name "John Carvel" as given in the bill, should be "John Daniel Carvell."

The bill H. R. 6201, if enacted into law, would involve no charge against naval appropriations, but would probably result in charges under the Veterans' Administration now or in the future.

The Navy Department recommends against the enactment of the bill H. R. 6201.

Sincerely yours,

CLAUDE A. SWANSON.

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