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SENATE

72D CONGRESS 1st Session

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REPORT No. 230

RELIEF OF CERTAIN OFFICERS OF THE DENTAL CORPS OF THE UNITED STATES NAVY

FEBRUARY 5 (calendar day, FEBRUARY 11), 1932.-Ordered to be printed

Mr. HALE, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany S. 462]

The Committee on Naval Affairs, to whom was referred the bill (S. 462) for the relief of certain officers of the Dental Corps of the United States Navy, having considered the same, report favorably thereon, without amendment, and with the recommendation that the bill do pass.

The purpose of the bill is to provide that certain officers of the Dental Corps shall be entitled to rank corresponding to that now held by other officers who qualified for original appointment in the Dental Corps in the same examination.

The bill applies to two officers only, who qualified by regular procedure and competitive examination for permanent appointment in the Dental Corps of the Navy (at a time when they were actively in the naval service other than in permanent appointments in the regular Navy), but who did not permanently enter the regular Navy by virtue of said examination. However, later they did enter the regular Navy under the provisions of the act of June 4, 1920 (41 Stat. 834835), and were assigned precedence accordingly, which was several numbers junior to the positions they would have held had they entered the Navy by reason of their having successfully passed examinations, and they have suffered the loss of seniority and subsequent promotion which they would have attained had they entered the permanent Navy after the completion of their competitive examination. The bill seeks to correct this injustice, and a similar bill, in the Seventy-first Congress, met with the approval of the Navy Department and passed the Senate.

The following letter of the Secretary of the Navy, dated February 3, 1932, gives the department's views on the bill at the present time:

CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT,
Washington, February 3, 1932.

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. 462) for the relief of certain officers of the Dental Corps of the United States Navy, 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 all commissioned officers now on active duty in the Dental Corps of the United States Navy who, while heretofore on active duty as reserve or temporary commissioned officers, had qualified for appointment to the Dental Corps of the United States Navy pursuant to an examination held at the United States Naval Medical School, Washington, D. C., in January, 1920, and who since that date have continuously served on active duty, shall hereafter be entitled to a position on the precedence list in accordance with that attained in said examination, provided that such officers of the Dental Corps shall be assigned running mates for promotion purposes in accordance with their precedence as so determined, and that no back pay or allowance shall accrue to any officer by 1eason of the passage of the act.

In so far as the Navy Department can determine, the enactment of this proposed legislation would affect the status of two officers, namely, Lieut. Commander C. S. Weigester and Lieut. Commander P. A. McCole, Dental Corps, United States Navy.

The above-named officers, while in the naval service in 1920 and holding the rank of lieutenant, one serving in a commissioned status in the Naval Reserve and the other under a temporary commission in the regular Navy, competed successfully in an examination for permanent appointment in the Dental Corps. Because of their duty assignments at the time which did not readily permit of the receipt of reliable and official information, that the acceptance of permanent appointment as lieutenant (junior grade), Dental Corps, would also result in temporary advancement to the rank of lieutenant, they declined to accept such appointment. Later they entered the regular Navy by virtue of appointment under the terms of the act of June 4, 1920 (41 Stat. 834-835), and were assigned precedence in accordance therewith and several numbers junior to the positions they would have held had they accepted the earlier appointments offered.

The enactment of the bill S. 462 would result in the two officers affected becoming eligible for further promotion as of a date approximately two years earlier than would be the case if they retain their present order of precedence. If so promoted, the increased cost to the Government some years hence would equal à total sum of approximately $3,660.

In view of the economical situation that exists at this time, the Navy Department recommends against the enactment of the bill S. 462.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

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72D CONGRESS 1st Session

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SENATE

REPORT

No. 231

AUTHORIZING SECRETARY OF THE NAVY TO DELIVER TO THE CUSTODY OF THE HISTORICAL SOCIETY OF MONTANA THE SILVER SERVICE WHICH WAS IN USE ON THE GUNBOAT, NO. 9, "HELENA"

FEBRUARY 5 (calendar day, FEBRUARY 11), 1932.-Ordered to be printed

Mr. HALE, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 1047]

The Committee on Naval Affairs, to whom was referred the bill (S. 1047) authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Historical Society of Montana, for preservation and exhibition, the silver service which was in use on the gunboat, No. 9, Helena, having considered the same, report favorably thereon, without amendment, and with the recommendation that the bill do pass.

The following letter of the Secretary of the Navy, dated January 7, 1932, sets forth the purpose of the bill and gives the Navy Department's favorable views thereon:

DEPARTMENT OF THE NAVY,
Washington, January 7, 1932.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

United States Senate, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's communication of December 18, 1931, transmitting the bill (S. 1047) authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Historical Society of Montana, for preservation and exhibition, the silver service which was in use on the gunboat, No. 9, Helena, and requesting the views of the Navy Department relative to this measure, I have the honor to advise you as follows:

The purpose of this bill is to authorize the Secretary of the Navy to deliver to the custody of the Historical Society of Montana for preservation and exhibition in the city of Helena, in that State, the silver service which was in use on the gunboat, No. 9, Helena, and that no expense shall be incurred by the United States for the delivery of such silver service.

The U. S. S. Helena is still in active commission. The Navy Department has no objection to the ultimate return of the silver service presented to that vessel, in accordance with the bill S. 1047, but is of the opinion that it should remain on board the Helena until that vessel is stricken from the Navy list.

The bill S. 1047 is similar in language to the bill S. 4761 introduced in the Seventy-first Congress

Sincerely yours.

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FEBRUARY 5 (calendar day, FEBRUARY 11), 1932.-Ordered to be printed

Mr. HALE, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 3281]

The Committee on Naval Affairs, to whom was referred the bill (S. 3281) for the relief of Warren Burke, having considered the same, report favorably thereon, without amendment, and with the recommendation that the bill do pass.

The purpose of the bill is to place Ensign Warren Burke, United States Naval Reserve, on the retired list of the regular Navy, in the rank of ensign, and with the retired pay of that rank, provided a naval retiring board finds that he is incapacitated for service by reason of physical disability incurred in line of duty.

Ensign Burke while on active duty at sea on the U. S. S. Saratoga, lost his right arm as the result of being struck by the propeller of an airplane, on April 23, 1930. Being an officer of the reserve, though on active duty in the regular Navy, he is only entitled to such relief as is afforded by the employees' compensation act, which relief depends on reduced wage earning capacity as determined by the board.

Ensign Burke's status was different from that of the average reservist on a short tour of active duty, in that he was a qualified aviator performing active duty with the Battle Fleet air squadrons, which duty he was to perform for one year; he was really an active member of a combatant unit of the naval forces performing duties identical with those required of officers of the regular naval service with similar rank.

The following letter of the Secretary of the Navy, dated February 2, 1932, gives the favorable indorsement of the Navy Department on the bill, and is herewith made a part of this report:

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