A BILL Authorizing the appointment of Virgil E. Whitaker as a first lieutenant in the Volunteer Marine

Corps Reserve

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to appoint Virgil E. Whitaker, formerly of the Field Artillery Central Officers' Training School, Camp Taylor, Kentucky, a first lieutenant in the Volunteer Marine Corps Reserve.

FOR THE RELIEF OF THOMAS T. GESSLER (H. R. 13465)

NAVY DEPARTMENT,

Washington, June 9, 1928.

CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 2, 1928, transmitting the bill (H. R. 13465) for the relief of Thomas T. Gessler, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The purpose of this bill is to provide that in the administration of the pension laws or of any laws conferring rights, privileges, or benefits upon honorably discharged soldiers and sailors, Thomas T. Gessler shall be held and considered to have been honorably discharged from the naval service.

The records of the Navy Department show that the above-named man was born on November 3, 1896, and on May 25, 1917, enlisted in the Navy at Cincinnati, Ohio, to serve for a period of four years. Gessler maintained a clear record until February 8, 1918, when he was declared a deserter from the U. S. S. Montana and the naval service, and remained in that status until March 22, 1918, when he surrendered himself on board the receiving ship, Boston, Mass., where he was tried by general court-martial, found guilty of absence from station and duty after leave had expired, sentenced to be confined for a period of 18 months, to be discharged with a dishonorable discharge, and to suffer all the other accessories of said sentence. The sentence was approved by the Navy Department on May 13, 1918, and the naval prison, navy yard, Portsmouth, N. H., designated as the place, of the execution of so much of the sentence as related to confinement. Gessler's discharge was actually effected on December 6, 1918. Particular attention is invited to the fact that Gessler was a war-time deserter. In the absence of any evidence to the contrary, it is believed that he was rightly and duly convicted of this offense and properly discharged.

As one of the penalties of this discharge, Gessler is debarred from the rights, privileges, and benefits conferred by law upon honorably discharged sailors. Any legislation, such as this bill, restoring these rights, privileges and benefits to a man given a dishonorable discharge for his offense, is a partial revocation of the penalties of the discharge, and by the accumulation of cases in which such remission is accomplished by acts of Congress, tends to weaken the force of the subsequent dishonorable discharges.

The bill (H. R. 13465), if enacted, will result in no additional cost to the Navy, but it is probable that Gessler will be eligible for compensation under the Veterans' Bureau now or in the future.

The bill (H. R. 13465) was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy

Department contemplated making an unfavorable recommendation thereon. Under date of June 5, 1928, the Director of the Bureau of the Budget advised the Navy Department that this proposed unfavorable recommendation is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends against the enactment of the bill (H. R. 13465).

Sincerely yours,

EDWARD P. WARNER,

Acting Secretary of the Navy.

A BILL For the relief of Thomas T. Gessler

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of the pension laws or of any laws conferring rights, privileges, or benefits upon honorably discharged soldiers and sailors, Thomas T. Gessler shall hereafter be held and considered to have been honorably discharged from the naval service of the United States.

FOR THE RELIEF OF THOMAS J. HARRINGTON (H. R. 13557)

NAVY DEPARTMENT,

Washington, June 9, 1928.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 5, 1928, transmitting the bill (H. R. 13557) for the relief of Thomas J. Harrington, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The purpose of this bill is to provide that Thomas J. Harrington, late of the United States Navy, shall be held and considered to have been discharged honorably from the naval service.

The records of the Navy Department show that the above-named man was born on December 1, 1892, and enrolled in the naval service on May 5, 1917, at Boston, Mass., to serve for a period of four years; he was ordered to active duty on June 27, 1917. During Harrington's period of duty the records show that on September 19, 1917, he was late in returning from liberty and for this offense he was given two weeks' restriction to ship. On October 2, 1917, he left a working party without authority and was again restricted to his ship for a period of two weeks. On November 13, 1917, he was disrated for incompetency. On the same date he was charged with deliberate disobedience of orders and sentenced to five days bread and water. On December 21, 1917, he returned from liberty under influence of intoxicating liquor and unfit for duty. For this offense he was tried by summary court-martial, sentenced to lose pay amounting to $106.50, and to be discharged with a bad-conduct discharge. The bad-conduct discharge was, however, remitted on condition that Harrington maintain a record satisfactory to his commanding officer for a period of six months.

On December 31, 1917, the commanding officer caused an entry to be made on Harrington's record reading:

The services of this man are of no military value. In addition to being incompetent in rating for which he has been disrated, the man is lazy, indifferent, dirty, and generally worthless.

Because Harrington did not maintain a record satisfactory to his commanding officer during probationary period he was, on January 22, 1918, discharged with a bad conduct discharge in accordance with sentence of summary court-martial, approved December 26, 1917. Particular attention is invited to the fact that Harrington was given a bad conduct discharge while the United States was in a state of war. In the absence of any evidence to the contrary, it is believed that he was rightly and duly convicted of these offenses and properly discharged.

As one of the penalties of this discharge, Harrington is debarred from the rights, privileges, and benefits conferred by law upon

honorably discharged sailors. Any legislation, such as this bill, restoring these rights, privileges, and benefits to a man given a bad conduct discharge for his offense is a partial revocation of the penalties of the discharge, and by the accumulation of cases in which such remission is accomplished by acts of Congress, tends to weaken the force of subsequent bad conduct discharges.

The bill (H. R. 13557), if enacted, will result in no additional cost to the Navy, but it is probable that Harrington will be eligible for compensation under the Veterans' Bureau now or in the future.

The bill (H. R. 13557) was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy Department contemplated making an unfavorable recommendation thereon. Under date of June 5, 1928, the Director of the Bureau of the Budget advised the Navy Department that this proposed unfavorable recommendation is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends against the enactment of the bill (H. R. 13557).

Sincerely yours,

EDWARD P. WARNER, Acting Secretary of the Nary.

A BILL For the relief of Thomas J. Harrington

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Thomas J. Harrington, late of the United States Navy, shall hereafter be held and considered to have been discharged honorably from the naval service.