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FOR THE RELIEF OF LIEUTENANT DAVID O. BOWMAN, MEDICAL CORPS, UNITED STATES NAVY (H. R. 13959)

NAVY DEPARTMENT, Washington, November 26, 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 23, 1928, transmitting the bill (H. R. 13959) for the relief of Lieut. David O. Bowman, Medical Corps, United States. Navy, 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 authorize the President to place Lieut. David O. Bowman, Medical Corps, United States Navy, in the position on the list of lieutenant commanders in the Medical Corps of the United States Navy which he would have held had he been commissioned in the Medical Corps of the United States Navy as of December 10, 1918, provided that Lieutenant Bowman, Medical Corps, United States Navy, shall first establish, in accordance with existing provisions of law, his physical, mental, moral, and professional qualifications to perform the duties of a lieutenant commander in the Medical Corps of the United States Navy.

Lieut. David Q. Bowman, Medical Corps, United States Navy, prior to his permanent appointment as an officer of the Medical Corps, served on active duty as a commissioned officer in the Naval Reserve Force. His present appointment was made under the terms of the act of June 4, 1920, which authorized the appointment to the regular Navy of temporary and reserve officers.

Lieutenant Bowman, Medical Corps, United States Navy, was, in October, 1918, while serving under a commission as assistant surgeon in the Naval Reserve Force, examined for permanent appointment to the Medical Corps of the Navy, in accordance with the general law. He was found mentally and professionally qualified for such appointment but was temporarily rejected by the board of medical examiners, which board found him temporarily incapacitated for permanent appointment and recommended further examination prior to December 15, 1918. He was again examined physically on December 14, 1918, and was then found physically qualified for appointment. It appears, however, that approval of the findings of both boards was not made by the Secretary of the Navy until February 17, 1919, and in the meantime (on January 15, 1919) Lieutenant Bowman, Medical Corps, United States Navy, had passed the maximum age limit for permanent appointment; as a consequence, no further action was taken in his case at that time. The Navy Department is not aware of the reason for the long delay occurring after the report of the board of medical examiners was submitted in December, 1918, until the approval thereof by the Secretary of the Navy on February 17, 1919. (27)

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Subsequently Lieutenant Bowman, Medical Corps, United States Navy, was appointed an officer in the regular Navy under authority contained in section 3 of the act of June 4, 1920 (41 Stat. L. 834, 835), which authorized the transfer to the permanent Navy of temporary, reserve, and Coast Guard officers.

Lieutenant Bowman, Medical Corps, United States Navy, now seeks to be advanced to the Navy list to the position which he would have occupied had he been commissioned in the Medical Corps at the time of his examination in 1918. Ordinarily the Navy Department would be inclined to recommend against the enactment of this proposed legislation in his behalf, but, in view of the action of Congress in providing for the advancement on the active list of Lieut. Henry C. Weber, Medical Corps, United States Navy, whose case was very similar to that of Lieutenant Bowman, Medical Corps, United States Navy, the Navy Department has no objection to the enactment of the bill (H. R. 13959).

The bill (H. R. 13959), if enacted, will result in an immediate additional cost to the Government of approximately $1,150 per annum.

The bill (H. R. 13959) was referred to the Bureau of the Budget with the above information. Under date of September 13, 1928, the Director of the Bureau of the Budget advised the Navy Department that this report is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department has no objection to the enactment of the bill (H. R. 13959).

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Lieutenant David O. Bowman, Medical Corps, United States Navy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authoriized to place Lieutenant David O. Bowman, Medical Corps, United States Navy, in the position on the list of lieutenant commanders in the Medical Corps of the United States Navy which he would have held had he been commissioned in the said Medical Corps of the United States Navy as of December 10, 1918: Provided, That the said Lieutenant Bowman, Medical Corps, shall first establish, in accordance with existing provisions of law, his physical, mental, moral, and professional qualifications to perform the duties of a lieutenant commander in the Medical Corps of the United States Navy: Provided further, That no back pay or allowances shall accrue by reason of the passage of this act.

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FOR THE RELIEF OF EDWIN I. CHATCUFF (H. R. 13721)

NAVY DEPARTMENT, Washington.

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 15, 1928, transmitting the bill (H. R. 13721) for the relief of Edwin I. Chatcuff, 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 authorize and direct the Secretary of the Navy to correct the naval service record of Edwin I. Chatcuff, storekeeper, first class, United States Navy, so as to have the time served by the said Edwin I. Chatcuff at the naval prison at Portsmouth, N. H., computed as time served in the Navy, entitling him all the rights as to privileges, pay, service, and rating which would result from such computation of his service.

On April 3, 1926, Edwin I. Chatcuff, while a storekeeper first class, United States Navy, was tried and convicted by a general courtmartial on the charge of "Scandalous conduct tending to the destruction of good morals." He was sentenced to be reduced to the rating of an apprentice seaman, to be confined for a period of five years, then to be dishonorably discharged from the naval service, and to suffer all the other accessories of said sentence as prescribed by section 883, Naval Courts and Boards. Accessories of a sentence as defined by section 883 of Naval Courts and Boards include hard labor and forfeiture of pay, except the sum of $3 per month for necessary prison expenses; the sum of $25 payable upon discharge from prison pursuant to such sentence, with a dishonorable or bad conduct discharge; the purchase price of a civilian outfit furnished upon discharge; cost of transportation with subsistence and transfer en route, furnished upon discharge to his home or place of enlistment.

The proceedings, findings, and sentence of the general court-martial in the case of Edwin I. Chatcuff were approved by the Secretary of the Navy on July 15, 1926, and the naval prison, Portsmouth, N. H., was designated as the place of confinement. The date of approval, July 15, 1926, was the date upon which Chatcuff's sentence became effective.

On February 16, 1928, the Secretary of the Navy took the following action in Chatcuff's case:

In view of the obvious mistake in identity in the case of the subject-named man, as set forth in the letter of the Judge Advocate General of February 4, 1928, of which a copy is attached hereto, and of the recommendations of the Judge Advocate General and the Chief of the Bureau of Navigation, so much of the unexecuted portion of the sentence of the general court-martial in his case as relates to confinement at hard labor is remitted and he will be discharged from the service as soon as practicable with such character of discharge as his service record warrants; disregarding entirely his conviction by general court-martial approved by the Navy Department on July 15, 1926, in determining the character of discharge.

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Pursuant to the foregoing action, Chatcuff was honorably discharged from the naval service on February 21, 1928. At the instance of the Navy Department he was also granted a presidential pardon.

The Navy Department was without power to restore to him his former rating of storekeeper first class, for the reasons that he had been reduced to the rating of an apprentice seaman on the date of approval of the court-martial, namely, July 15, 1926; that the Secretary of the Navy's action on February 16, 1928, could only extend to that portion of his sentence which remained unexecuted on that date; and that Chatcuff's enlistment expired prior to his discharge. Likewise the Navy Department could not remit that portion of his sentence which provided for forfeiture of Chatcuff's pay, as it had already been executed.

Subsequent to his discharge Chatcuff was reenlisted in the naval service as a storekeeper second class, and has since been advanced in rating to that of storekeeper first class.

In order to place Chatcuff in the position he would have been had it not been for his erroneous conviction by court-martial, legislation is necessary, which will restore to him his rating of storekeeper first class, from July 15, 1926, to February 21, 1928, with the pay of that rating, and which will allow him to count the time he served in prison as continuous service.

It is recommended that the bill (H. R. 13721) be amended to read as follows:

That the Secretary of the Navy is hereby authorized and directed to correct the naval service record of Edwin I. Chatcuff, storekeeper, first class, United States Navy, so as to restore to him the rating of storekeeper, first class, from July 15, 1926, to February 21, 1928, with the pay of that rating during this period and so as to have such period of time computed as time served in the Navy in an active-duty status.

The proposed legislation, if amended as suggested above and enacted, will result in a charge against the naval appropriations of approximately $1,800.

The bill (H. R. 13721) was referred to the Bureau of the Budget with the above information. Under date of September 7, 1928, the Director of the Bureau of the Budget advised the Navy Department that the proposed legislation is not in conflict with the financial program of the President, if amended as herein suggested.

In view of the foregoing, the Navy Department recommends that the bill (H. R. 13721) be enacted if amended as herein proposed. Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Edwin I. Chatcuff

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, authorized and directed yo correct the naval service record of Edwin I. Chatcuff, storekeeper, first class, United States Navy, so as to restore to him the rating of storekeeper, first class, United States Navy, from date of disrating, July 15, 1926, to and including date of discharge, February 21, 1928, allow him the pay of his rating for this period, have such time computed as time served in the United States Navy in a duty status, and, further, to make appropriate entry upon the naval record showing his conviction of oral coition was in error and due to mistaken identity.

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FOR THE RELIEF OF THE MACKENZIE MEMORIAL HOSPITAL AND GERMAN-AMERICAN HOSPITAL AND LAU YE KUN, ALL OF TIENTSIN, CHINA

NAVY DEPARTMENT, Washington, November 26, 1928.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Referring to the bill (H. R. 13428) for the relief of Mackenzie Memorial Hospital and German-American Hospital and Lau Ye Kun, all of Tientsin, China, which is pending before your committee, I have the honor to invite attention to the Navy Department's letter of April 16, 1928, to the Speaker of the House of Representatives, recommending the enactment of this proposed legislation, a copy of which letter is inclosed for your information.

The Navy Department believes that the proposed legislation is meritorious, and that its enactment will tend toward the maintenance of amicable relations between the United States and the Republic of China.

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MY DEAR MR. SPEAKER: The Navy Department submits herewith a draft of a bill for the relief of Mackenzie Memorial Hospital and German-American Hospital and Lau Ye Kun, all of Tientsin, China. The purpose of the proposed legislation is to indemnify the hospitals named for the care of Chinese nationals injured by motor vehicles of the United States Marine Corps, and Lau Ye Kun, a Chinese policeman, for injuries received when struck by a Marine Corps motor cycle.

Since the Marine Corps contingent has been quartered in Tientsin a number of Chinese nationals have been injured by Marine Corps motor vehicles. Immediate attention to their injuries was necessary so that their lives might be saved if possible. It was also necessary that the men be treated by physicians or surgeons able to speak the Chinese language. The Medical Corps officers of the United States Navy attached to the expedition could not speak that language. It was therefore arranged that the Mackenzie Memorial Hospital and the German-American Hospital should treat these emergency cases at a cost of $5 a day each in Yuan currency, or approximately $2.50 American currency. The proposed legislation provides for payment

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