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PROVIDING FOR THE ADVANCEMENT OF FREDERICK L. CAUDLE ON THE RETIRED LIST OF THE UNITED STATES NAVY (H. R. 2147). MR. O'MALLEY

NAVY DEPARTMENT, Washington, March 1, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington D. C.

MY DEAR MR. CHAIRMAN: The bill (H. R. 2147) providing for the advancement in rank of Frederick L. Caudle on the retired list of the United States Navy was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to provide that Ensign Frederick L. Caudle, United States Navy, retired, shall have the rank and receive the pay and allowances on the retired list of the Navy of a lieutenant (junior grade).

The records of the Navy Department show that Ensign Frederick L. Caudle was appointed a midshipman in the Navy on June 18, 1919; was commissioned ensign on June 8, 1923, and was placed on the retired list on April 10, 1926, by reason of physical disability (tuberculosis) resulting from an incident of the service. Had he remained on the active list and the question of physical disability not arisen, he would have become eligible for promotion to the rank of lieutenant (junior grade) on June 8, 1926.

He developed tuberculosis in September 1925 and was then sent to the Naval Hospital, Mare Island, Calif., for treatment. In March 1926, he was examined by a naval retiring board and pronounced incapacitated for service. Upon the approval of the findings of the naval retiring board by the President, he was placed on the retired list on April 10, 1926.

The Navy Department believes that ample opportunity for treatment and for determination of the permanent character of his disability was accorded Mr. Caudle in the interval between the first appearance of the disease in September 1925 and his final retirement on April 10, 1926.

Even though Ensign Caudle's effective date of retirement had been set for a day after he became due for promotion to the next higher grade, he would not have been retired in the next higher grade (lieutenant junior grade), but in his grade of ensign. Under the terms of the act of March 4, 1911 (36 Stat. 1267) as amended (title 34, U. S. Code, sec. 390) only officers who fail in their physical examinations and who are found incapacitated for service by reason of physical disability contracted in line of duty are entitled to be retired with the rank to which their seniority entitles them to be promoted.

This bill, if enacted into law, would result in an increased cost to the Government at the rate of $450 per annum.

The Navy Department recommends against the enactment of the bill H. R. 2147.

If the committee decides to make a favorable report on the bill H. R. 2147, notwithstanding the foregoing, it is further recommended that the words "and allowances", lines 4 and 5 of said bill, be deleted, as retired officers are not under existing law entitled to "allowances" except when employed on active duty.

Sincerely yours,

CLAUDE A. SWANSON.

FOR THE RELIEF OF RAYMOND HENRY MacDONALD (H. R. 1471). MR. WIGGLESWORTH

NAVY DEPARTMENT,

Washington, March 1, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: The bill (H. R. 1471) for the relief of Raymond Henry MacDonald has been referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to consider Raymond Henry MacDonald as having been honorably discharged from the Navy on April 9, 1918. The records of the Navy Department show that Raymond Henry MacDonald was born on January 3, 1902, and enlisted in the Navy on April 3, 1917, to serve until March 4, 1921. When he enlisted, he falsely stated he was born on March 4, 1900. His record shows the following offenses:

May 24, 1917: Putting dirty sock in coffee pot. August 5, 1917: Absent over leave from 5:30 a. m. until 6:10 a. m. of the same date; convicted by deck court.

August 24, 1917: Failing to properly stand watch; convicted by summary court martial.

By his offenses committed while the United States was in an active state of war, it was held that MacDonald was undesirable material for the Navy, and he was, therefore, discharged as undesirable for the naval service on April 9, 1918.

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. 1471.

Sincerely yours,

CLAUDE A. SWANSON.

91216-37-No. 175

(365)

TO AUTHORIZE CERTAIN OFFICERS OF THE UNITED STATES NAVY AND OFFICERS AND ENLISTED MEN OF THE MARINE CORPS TO ACCEPT SUCH MEDALS, ORDERS, AND DECORATIONS AS HAVE BEEN TENDERED THEM BY FOREIGN GOVERNMENTS IN APPRECIATION OF SERVICES RENDERED (H. R. 5227). MR. VINSON OF GEORGIA

NAVY DEPARTMENT, Washington, February 5, 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 authorize certain officers of the United States Navy and officers and enlisted men of the Marine Corps to accept such medals, orders, and decorations as have been tendered them by foreign governments in appreciation of services rendered.

The purpose of this proposed legislation is to obtain authority in one bill for certain officers and enlisted men to accept foreign decorations, medals, and orders that have been tendered them, thus obviating the consideration of a number of private bills to accomplish this

purpose.

The enclosed draft contains all the names that have been submitted to the Navy Department up to the present time.

There is enclosed herewith a list giving the names of the officers and enlisted men to whom the tenders have been made, the foreign countries offering the decorations, medals, and orders, and the reasons therefor.

The Navy Department recommends the enactment of the proposed legislation.

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

Sincerely yours,

CLAUDE A. SWANSON.

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