[No. 30.] TO PROVIDE FOR THE RETIREMENT OF CERTAIN OFFICERS OF THE UNITED STATES MARINE CORPS ON ACCOUNT OF DISABILITY CONTRACTED IN LINE OF DUTY. DEPARTMENT OF THE NAVY, Washington, December 14, 1920. MY DEAR MR. SPEAKER: There is inclosed herewith a proposed draft of bill to provide for the retirement of certain officers in the Marine Corps in the rank held by them when they incurred physical disability in the line of duty. A number of officers of the Marine Corps were disabled in the World War while serving under the temporary commissions which they held when the authorized strength of the corps was 75,500 men. These disabilities in practically every case resulted from disease contracted or wounds or injuries received in the line of duty while serving in France or in other foreign countries between April 6, 1917, and November 11, 1918. The necessity for curtailing the cost of the war and for restoring the military forces of the United States to a peace basis immediately following the armistice led to a prompt reduction in the numerical strength of the Marine Corps from 75,500 men to 27,400 men. This reduction in numerical strength necessitated a proportionate reduction in rank of a large number of officers of this corps who were then serving under temporary commissions as authorized by the act of May 22, 1917. Due to the exigencies of the service the current records of these men were not kept in the department but with the men in the field. Under these conditions it was impossible for the department to ascertain within the time allotted prior to making the necessary reduction in rank whether or not any of them were suffering from physical disability incurred in line of duty. Unfortunately several of the officers who were reduced in rank as hereinbefore set forth had incurred physical disability prior to said reduction, which rendered them incapable of performing all the duties of their rank or grade and rendered their further retention in the naval service inadvisable. In some cases it has subsequently developed that officers of this corps were suffering from disease contracted or wounds or injuries. received in line of duty between the dates above mentioned, which fact was not a matter of record at the time of their reduction in rank, but, regardless of whether or not the fact of said disability had become a matter of record at the time the reduction was made, there is no law under which they may be retired in the temporary rank held by them when the physical disability from which they are now suffering was incurred. This situation results in a glaring injustice, repugnant to the best interests of the service, and it should be remedied at the earliest possible date. In the proposed draft of bill hereto attached it is, therefore, provided that all such officers who have been or may hereafter be retired on account of physical disability incurred in line of duty between April 6, 1917, and November 11, 1918, inclusive, shall from the date of such retirement have the rank and retired pay of the grade held by them at the time said disability was incurred, regardless of the fact that they have subsequently suffered a reduction in rank. In view of the foregoing, the department earnestly recommends that this proposed draft of bill be enacted into law at the earliest opportunity. Sincerely, yours, JOSEPHUS DANIELS, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. A BILL To provide for the retirement of certain officers of the United States Marine Corps on account of disability contracted in line of duty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any officer of the Marine Corps who has been or may hereafter be retired on account of disability resulting from disease contracted, or wounds or injuries received in the line of duty between April 6, 1917, and November 11, 1918, inclusive, shall from the date of such retirement have the rank and retired pay of a grade not below that held by him at the time the disability originated. [No. 31.] TO RECOVER THE VALUE OF PUBLIC PROPERTY LOST BY DEPARTMENT OF THE NAVY, MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of letter, with draft of bill, this day sent to the Speaker of the House of Representatives. Sincerely, yours, Hon. THOMAS S. BUTLER, M. C., JOSEPHUS DANIELS, Secretary of the Navy. Chairman Committee on Naval Affairs, DEPARTMENT OF THE NAVY, MY DEAR MR. SPEAKER: There it inclosed herewith a proposed draft of a bill to recover the value of public property lost by persons in the naval service through abuse or negligence, which is respectfully submitted for your consideration. The department's attention has been invited to a considerable loss in public funds due to the loss, destruction, or damage to public property which has been issued or otherwise assigned to persons in the naval service to be used by them in the performance of their duties. This is particularly true in the case of bedding and other material supplied to the enlisted force. Under present circumstances a hammock, complete with clews and lashings, hammock mattress, mattress cover, pillow and blankets, is issued to each enlisted man of the Navy upon his reporting for duty, the cost thereof being chargeable to the money allotment of the Bureau of Construction and Repair. In case a man loses any of these articles it is replaced by another in kind, issued to him and also charged to the money allotment of the Bureau of Construction and Repair. There has never been any provision of law for charging persons in the naval service with the cost of lost articles of this kind, as is provided for persons in the Army or Naval Militia. As a result of this lack of responsibility men frequently become careless and do not take the same precaution against loss and abnormal wear and tear that they would take if such articles were their personal property or if they were chargeable with the cost thereof. The department is, therefore, of the opinion that when any of these articles of public property must be replaced for any reason except normal wear and tear or accident beyond the control of the person in whose care said property was at the time of the loss or damage thereto, said individual (843) 10950-21-No. 31. should be required to bear the cost of replacing such articles by checking his pay account with the value thereof, and that when said person leaves the naval service he should be required to turn in the articles which have been issued to him, which would then become available for reissue without further charge. It is believed that knowledge on the part of the individual, to whom such public property is entrusted, that he will be held responsible for any loss, destruction, or damage thereto, where said loss, destruction, or damage had been occasioned by his abuse or negligence, would induce him to take far greater care of such property and would result in a considerable saving of public funds." In view of the foregoing, it is recommended that the proposed draft of a bill attached hereto be enacted. Sincerely, yours, JOSEPHUS DANIELS, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. A BILL To recover the value of public property lost by persons in the Naval Service through abuse or negligence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons in the Naval Service to whom public property has been issued in pursuance of law shall be responsible for the safe-keeping and return thereof. Stoppages may be made against the compensation due, or which may be come due, to any person in the Naval Service to cover the cost of public property lost, destroyed, or damaged while in the custody, care, or use of any person in said service: Provided, That said loss, destruction, or damage shall have resulted from the negligence or abuse of such person in said service, and that the amount of stoppage made as aforesaid in the event of damage to public property as aforesaid, shall be limited to the cost of putting said property into the condition in which it was prior to the damage suffered by it as aforesaid. |