72D CONGRESS 1st Session } SENATE { REPORT No. 215 RELIEF OF CAPT. JACOB M. PEARCE, UNITED STATES MARINE CORPS FEBRUARY 5 (calendar day, FEBRUARY 10), 1932.-Ordered to be printed Mr. TYDINGS, from the Committee on Naval Affairs, submitted the following REPORT [To accompany S. 1003] The Committee on Naval Affairs, to whom was referred the bill (S.1003) for the relief of Capt. Jacob M. Pearce, United States Marine Corps, having considered the same, report favorably thereon, with amendment, and as amended recommend that the bill do pass. After the enacting clause, lines 3 to 8, strike out the words That hereafter Captain Jacob M. Pearce, United States Marine Corps, shall be regarded as having been promoted to the rank of permanent captain in the United States Marine Corps on the 23d day of November, 1919, with rank as such immediately after Captain Thomas Eugene Bourke, United States Marine Corps. and insert in lieu thereof the following: That the President is authorized to appoint Captain Jacob M. Pearce, United States Marine Corps, after qualification by examination, a major in the United States Marine Corps, with rank and position on the common list for promotion as such immediately after Major Thomas Eugene Bourke, United States Marine Corps. The purpose of this bill is to provide that hereafter Capt. Jacob M. Pearce, United States Marine Corps, shall be regarded as having been promoted to the rank of permanent captain in the United States Marine Corps on November 23, 1919, with rank as such immediately after Capt. Thomas Eugene Bourke, United States Marine Corps, and that nothing herein shall be construed to entitle Captain Pearce to any back pay, allowance, or other emoluments in this permanent rank. A similar bill passed the Senate during the Seventy-first Con gress. The bill has the favorable recommendation of the Navy Department as shown by the following letter of the Secretary of the Navy, dated January 23, 1932: NAVY DEPARTMENT, The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's communication dated December 18, 1931, transmitting the bill (S. 1003) for the relief of Capt. Jacob M. Pearce, United States Marine Corps, and requesting the views of the Navy Department relative to this measure, I have the honor to inform the committee as follows: The purpose of this bill is to provide that hereafter Capt. Jacob M. Pearce, United States Marine Corps, shall be regarded as having been promoted to the rank of permanent captain in the United States Marine Corps on November 23, 1919, with rank as such immediately after Capt. Thomas Eugene Bourke, United States Marine Corps, and that nothing herein shall be construed to entitle Captain Pearce to any back pay, allowance, or other emoluments in this permanent rank. Jacob M. Pearce was appointed a probationary second lieutenant in the Marine Corps, January 26, 1917, to rank from November 18, 1916. He was commissioned a first lieutenant, temporary, August 14, 1917, to rank from May 22, 1917. He was commissioned a captain, temporary, October 3, 1917, to rank from May 23, 1917. He was commissioned a major, temporary, March 5, 1919, to rank from July 1, 1918. His temporary appointment as major was revoked July 31, 1919, and he was reappointed captain, temporary, the same date, to rank from May 23, 1917. His temporary commission as captain was revoked May 14, 1921, and he was appointed first lieutenant, permanent, March 21, 1921, to rank from January 4, 1920. Appointment accepted May 15, 1921. Commissioned captain, permanent, from October 18, 1921. The retirement of Col. Hiram I. Bearss on November 22, 1919, created a vacancy in the list of captains, to which Captain Pearce was entitled to be promoted by reason of seniority. At that time he was a permanent second lieutenart, with temporary commission as captain. In January, 1920, Captain Pearce successfully passed examination for promotion to the permanent grades of first lieutenant and captain, and the Navy Department informed him on March 2, 1920, that he had qualified for permanent promotion to first lieutenant and captain. No nominations for permanent promotion to the grade of captain were made after December 20, 1919, on which date the officer next above Captain Pearce was confirmed in that grade, until after the passage of the act of June 4, 1920. This was probably due to the fact that the naval appropriation bill then in Congress contained prospective increase in the permanent strength of the Marine Corps from 17,400 to 27,400, and a provision for permanent appointment as captain, first lieutenant, and second lieutenant of officers then serving or who had served in those grades with temporary commissions. As it passed, the act provided that existing vacancies and those created by the act should be filled by such officers, who should "take precedence with each other and with other officers of the Marine Corps in such order as may be recommended by a board of marine officers and approved by the Secretary of the Navy." The board (Neville board) placed Captain Pearce No. 32 in the list of permanent first lieutenants. The record of proceedings of the Neville board was approved by the Secretary of the Navy March 11, 1921, and by the President on March 19, 1921, and permanent commissions were issued all officers in accordance with the recommendations of that board. The bill S. 1003 seeks to authorize the placing of Captain Pearce on the list of captains immediately after Capt. Thomas Eugene Bourke, United States Marine Corps. Captain Bourke has recently been promoted to the rank of major. Consequently, if Captain Pearce is to be regarded "as having been promoted to the rank of permanent captain in the United States Marine Corps on the 23d day of November, 1919," it will be necessary to amend the bill so as to place Captain Pearce on the list of majors of the United States Marine Corps with rank as such immediately after Maj. Thomas Eugene Bourke, United States Marine Corps. A bill worded somewhat as follows will accomplish the desired purpose: "That the President is authorized to appoint Captain Jacob M. Pearce, United States Marine Corps, after qualification by examination, a major in the United States Marine Corps, with rank and position on the common list for promotion as such immediately after Major Thomas Eugene Bourke, United States Marine Corps: Provided, That nothing herein shall be construed to entitle Major Jacob M. Pearce, United States Marine Corps, to any back pay, allowances, or other emoluments." The proposed legislation, if enacted, will result in no additional cost to the Government. In view of the foregoing, the Navy Department recommends that legislation in favor of Captain Pearce be enacted. Sincerely yours, |