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FEBRUARY 15 (calendar day, FEBRUARY 19), 1935.-Ordered to be printed

Mr. SHEPPARD, from the Committee on Military Affairs, submitted

the following

REPORT

[To accompany S. 1712]

The Committee on Military Affairs, to whom was referred the bill (S. 1712) to amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries, having considered the same, report favorably thereon with a recommendation that it do pass.

A similar bill passed the Senate on April 25, 1934, having been reported on favorably by your committee. The records show further that the measure was later referred to the House Military Affairs Committee.

Senate Report No. 720, Seventy-third Congress, second session, submitted on April 13, 1934, by your committee to accompany S. 3023, follows:

The Committee on Military Affairs, to whom was referred the bill (S. 3032) to amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries, having considered the same, report favorably thereon with the recommendation that it do pass.

Enactment of this measure will authorize burial in any national cemetery of those members of the President's Cabinet who served during the period between the declaration of war on April 6, 1917, and the armistice on November 11, 1918.

These Cabinet officers were:
Robert Lansing, Secretary of State.
William Gibbs McAdoo, Secretary of the Treasury.
Newton D. Baker, Secretary of War.
Josephus Daniels, Secretary of the Navy,
Franklin K. Lane, Secretary of the Interior.
David F. Houston, Secretary of Agriculture.
William C. Redfield, Secretary of Commerce.
William B. Wilson, Secretary of Labor.
Thomas W. Gregory, Attorney General.
Albert S. Burleson, Postmaster General.

Of these, Messrs. Lansing, Lane, Gregory, and Redfield have passed on. This act provides that burial shall be without cost to the United States.

Following is report from War Department:

WAR DEPARTMENT,

Washington, March 27, 1934. Hon. MORRIS SHEPPARD, Chairman Committee on Military Affairs,

United States Senate. DEAR SENATOR SHEPPARD: Careful consideration has been given to the bill (S. 3023, 73d Cong.) to amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries, which was transmitted to the War Department under date of March 12, 1934, with request for information and the views of the Department relative thereto.

The existing law which would be affected by the bill is section 4878 of the United States Revised Statutes.

The bill in question, if enacted into law, would permit the burial in national cemeteries of members of the Cabinet of the President of the United States during the period between April 6, 1917, and November 11, 1918. The War Department has no objection to the passage of the bill. Sincerely yours.

Geo. H. DERN, Secretary of War. The War Department has no objection to the passage of this bill. Letter from the Secretary of War under date of February 15, 1935, giving the views of the Department on S. 1712, follows:

FEBRUARY 15, 1935. Hon. MORRIS SHEPPARD, Chairman Committee on Military Affairs,

United States Senate. DEAR SENATOR SHEPPARD: Careful consideration has been given to the bill (S. 1712, 74th Cong.) to amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries, which was transmitted to the War Department under date of February 8, 1935, with request for information and the views of the Department relative thereto.

The existing law which would be affected by the bill is section 4878 of the United States Revised Statutes.

The bill in question, if enacted into law, would permit the burial in national cemeteries of members of the Cabinet of the President of the United States during the period between April 6, 1917, and November 11, 1918. The War Department has no objection to the passage of the bill. Sincerely yours,

Geo. H. DERN, Secretary of War. O

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SENATE

74TH CONGRESS

1st Session

REPORT No. 117

WAR-TIME RANK FOR RETIRED OFFICERS OF THE ARMY

FEBRUARY 15 (calendar day, FEBRUARY 19), 1935.-Ordered to be printed

Mr. CAREY, from the Committee on Military Affairs, submitted

the following

REPORT

[To accompany S. 927)

The Committee on Military Affairs, to whom was referred the bill (S. 927), to amend the act entitled “An act to give war-time rank to retired or cers and former officers of the Army, Navy, Marine Corps, and/or Coast Guard of the United States”, approved June 21, 1930, so as to give class B officers of the Army benefits of such act, having considered the same, reports favorably thereon with a recommendation that it do pass.

A bill similar to S. 927 was reported favorably by your committee during the Seventy-second Congress, and was passed by the Senate. Again during the Seventy-third Congress, first session, a similar bill was reported favorably to the Senate by your committee. It was passed by the Senate on May 1, 1933, and the records show further that the measure was later referred to the House Military Affairs Committee.

Senate Report No. 28, Seventy-third Congress, first session, submitted by your committee on April 14, 1933, to accompany S. 593, follows:

The Committee on Military Affairs, to which was referred the bill (S. 593), to amend the act entitled "An act to give war-time rank to retired officers and former officers of the Army, Navy, Marine Corps, and/or Coast Guard of the United States," approved June 21, 1930, so as to give class B officers of the Army benefits of such act, having considered the same, reports favorably thereon with the recommendation that it do pass.

A similar bill was reported favorably to the Senate by the committee in the Seventy-second Congress, was passed by the Senate but failed to be acted upon in the House.

The act of June 21, 1930, above referred to, gives war-time rank, without pay, to retired officers and former officers of the Army, Navy, Marine Corps, and Coast Guard who served during the World War, except those retired under the provisions of section 24b of the National Defense Act. * Investigation shows that there are 27 officers of the Army who were honorably retired under section %4b, whose retirement was not due to misconduct, neglect, or avoidable habits, who would be benefited by this legislation. They have good military records and the majority of them are veterans of two wars.

8. Repts., 74–1, vol. 1-14

Your committee believes that these officers who served faithfully during the World War, but whose retirement in class B was not due to misconduct, neglect, or avoidable habits, should receive the benefits of the above-mentioned act of June 21, 1930, and recommends favorable action on the bill.

The Secretary of War recommends enactment of the bill S. 593, and his letter to the chairman, Senate Committee on Military Affairs, reads as follows:

March 30, 1933. Hon. MORRIS SHEPPARD, Chairman Committee on Military Affairs,

United States Senate. DEAR SENATOR SHEPPARD: Careful consideration has been given to the bill (S. 593, 73d Cong., 1st sess.) to amend the act of June 21, 1930, by eliminating the restriction now placed on the advancement of class B retired officers to World War rank, which you transmitted to the War Department under date of March 21, 1933, with a request for information and the views of the Department relative thereto.

Similar bills, S. 461 and H. R. 222, introduced in the Seventy-second Congress, were reported on favorably by the War Department in letters to the Committees on Military Affairs of the Senate and House of Representatives, under date of December 30, 1931, for the reasons hereinafter set forth.

The pertinent provisions of existing law on this subject are contained in section «1 of the act of June 21, 1930 (46 Stat. 793), which reads in part as follows (italics inserted): That all commissioned officers who served in the Army

of the United States during the World War, and who have been or may be hereafter retired according to law, except those retired under the provisions of section 246 of the act of June 4, 1920, shall, on the date of the approval of this act or upon retirement in the case of those now on the active list of the Army,

be advanced in rank on the retired list to the highest grade held by them during the World War

The purpose of the proposed amendment is to strike out the words which are underlined in the above quotation, thus extending the privileges of advancement to World War rank to those officers of the Army who have been or may be placed on the retired list as a result of class B procedure. The amendment would have no effect upon retired officers of the Navy, Marine Corps, or Coast Guard, as the provisions of section 24b of the act of June 4, 1920, are not applicable in those services.

The proposed legislation would immediately benefit those class B retired officers who:

(a) Had 10 years or more of commissioned service prior to retirement.

(6) Were not placed in class B for reasons due to neglect, misconduct, or avoidable habits.

(c) Held World War rank higher than the rank with which they were retired.

The records of the War Department indicate that 27 retired officers fulfill these conditions at the present time. They are distributed as follows:

*

*

*

*"

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Since the date of the report submitted to your committee on S. 461, one of the lieutenant colonels included in the figures contained therein has died, and no additional officers have been retired under class B procedure with rank lower than that held in the World War. It is not possible to predict with accuracy the number of officers in this category who may be retired in the future, but the number will probably be small.

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