2d Session No. 1221 DISPOSITION OF RECORDS-SUNDRY GOVERNMENT DEPARTMENTS MARCH 2, 1944.-Ordered to be printed Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following REPORT The joint select committee of the Senate and House of Representa tives appointed on the part of the Senate and the House of Representatives, and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States No. 44-19, dated February 10, 1944, to the Seventy-eighth Congress, second session, submitting the following lists or schedules, or parts of lists or schedules, covering records proposed for disposal by the Government agencies indicated: Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the aforementioned act, in accordance with the regulations promulgated by the National Archives Council under the provisions of said act. Respectfully submitted to the Senate and House of Representatives. A. J. ELLIOTT, Chairman 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session DAVID B. TURPEL { REPORT No. 1222 March 2, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. SPARKMAN, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 1046] The Committee on Military Affairs to whom was referred the bill (H. R. 1046) for the relief of David B. Turpel, having considered the same, submit the following report thereon, with the recommendation that it do pass. The purpose of the bill is to provide that, in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers, David B. Turpel will be considered as having been honorably discharged from the military service of the United States on February 24, 1899. The War Department records disclose that David B. Turpel was mustered into the service during the War with Spain on May 17, 1898, as a private, Battery A, First Battalion, Maine Heavy Artillery, and that he served in Cuba. Such records further reveal that David B. Turpel was discharged upon request on February 24, 1899, because his wife had died leaving a sick child whose maintenance and support was dependent upon him. The discharge certificate of David B. Turpel contains the statement "character and service fair," and it was held by the War Department on January 5, 1929, that in view of such statement his discharge was without honor. On or about March 2, 1923, David B. Turpel was granted a pension by the Veterans' Administration, which on December 2, 1941, was in the amount of $60 per month. However, such pension was discontinued on that date by the Veterans' Administration because his military service had not been honorably terminated. The War Department submitted an unfavorable report on this bill. However, there is no positive showing whatsoever that the military service performed by David B. Turpel was not honest and faithful and the lack of any such indication is most impelling. The committee believe that the mere notation on the discharge certificate that his character and service were fair is insufficient to warrant an administrative determination that the discharge of David B. Turpel was without honor, thus resulting in a denial to him of pension benefits and other rights and privileges. The bill specifically provides that no bounty, back pay, pension, or allowance shall accrue to the benefit of David B. Turpel by reason o the passage of this act. The report of the War Department follows: Hon. ANDREW J. MAY, Chairman, Committee on Military Affairs, SEPTEMBER 2, 1942. DEAR MR. MAY: The War Department is opposed to the enactment of H. R 6705, a bill for the relief of David B. Turpel. H. R. 6705 provides that in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers David B. Turpel, who was a member of Battery A, First Battalion, Maine Heavy Artillery, shall hereafter be held and considered to have been honorably discharged from the military service of the United States as a member of that organization on the 24th day of February 1899. Examination of the enclosed statement of service, prepared in the office of The Adjutant General, shows that David B. Turpel was mustered into the service May 17, 1898, as a private, Battery A, First Battalion, Maine Heavy Artillery, during the War with Spain. From a record of correspondence it appears that a letter was received by the Secretary of War from one H. E. Holmes, February 13, 1899, stating that this soldier, then serving in Cuba, wanted a discharge as his wife had died and had left a sick child, and that it was necessary that he be discharged in order to maintain the child. Under instructions from the Secretary of War he was discharged February 24, 1899. In accordance with the provisions of Army regulations in force at the time, it has been held by the War Department that the discharge of this soldier was without honor. The original discharge certificate was examined in the Department and it failed to show that he was honorably discharged, and it was noted thereon "character and service fair," and it has been ascertained from the General Accounting Office that the final statement contained the notation "character and service, fair." The enactment of H. R. 6705 into law would, in effect, constitute a legislative reversal of the considered action of the authorities charged with the execution of the laws enacted for the government and control of the military forces. Moreover, it would place the beneficiary on a par with and entitle him to the same privileges and benefits as those former soldiers who served honestly and faithfully during the War with Spain and who received honorable discharges by reason thereof. The War Department does not believe that an individual should be granted benefits to which he is not entitled under the general laws unless it is clearly shown that the facts and circumstances surrounding the case are exceptional and justify special consideration. In view of the foregoing the War Department recommends that H. R. 6705 be not favorably considered. The Bureau of the Budget advises that there is no objection to the submission of this report. 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session { REPORT AUTHORIZING THE COMPUTATION OF DOUBLE-TIME MARCH 2, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. KILDAY, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 1675] The Committee on Military Affairs, to whom was referred the bill (H. R. 1675) to amend section 9 of the Pay Readjustment Act of 1942 (Public Law 607) by providing for the computation of double-time credits awarded between 1898 and 1912 in determining retired pay, having considered the same, submit the following report thereon, with the recommendation that it do pass: The purpose of this bill is to authorize any retired enlisted man or warrant officer heretofore or hereafter retired, whose service beyond. the continental limits of the United States between 1898 and 1912 has been computed as double time toward retirement, to receive the maximum pay now provided for the grade in which he was retired. Double-time credit for foreign service toward retirement was authorized for the period between 1898 and 1912 for the reason that such service was performed under extreme hardship conditions and required in many instances participation in military operations. However, under existing law, an enlisted man retiring with 30 years' constructive service, by virtue of double time, receives less retired pay than an enlisted man who retires with 30 years' actual service. The committee believe that the passage of this bill would work no discrimination against any other retired group as the law authorizing double-time credit for retirement was repealed in 1912. The War Department interposes no objection to the enactment of the bill provided it is amended so as to apply only to persons who have served 30 years in the Army, Navy, or Marine Corps. However, the committee believe that such an amendment would not be justified. The Navy Department submitted a report in opposition to the bill. ་་ |