A BILL For the relief of the family of Wang Erh-Ko

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the appropriation is hereby authorized, out of any money in the Treasury not otherwise appropriated, of the sum of $875 as indemnity to the family of Wang Erh-Ko, late of the city of Peking, in the Republic of China, deceased, who was killed on January 4, 1927, by being struck by an automobile negligently operated, not in the line of duty, by members of the United States legation guard in said Peking; such indemnity to be used for the purchase, on terms satisfactory to the American minister at Peking, of an annuity for the family of Wang Erh-Ko.

TO PROVIDE THAT CERTAIN STAFF OFFICERS OF THE UNITED STATES NAVY SHALL COME UNDER THE OPERATION OF SECTION 16 OF THE ACT OF JUNE 10, 1926

NAVY DEPARTMENT,

Washington, June 6, 1928.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of a letter, together with a copy of a draft of a proposed bill, to provide that certain staff officers of the United States Navy shall come under the operation of section 16 of the act of June 10, 1926, this day forwarded to the Speaker of the House of Representatives.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

NAVY DEPARTMENT,

Washington, June 6, 1928.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: I have the honor to transmit herewith a draft of a proposed bill to provide that certain staff officers of the United States Navy shall come under the operation of section 16 of the act of June 10, 1926.

The purpose of this proposed legislation is to provide that in the operation of section 16 of the act of June 10, 1926, the number of staff officers to which the fraction therein prescribed shall be applied, for the first selections in each corps after the date of this proposed bill shall include, in addition to those allowed by the act of June 10, 1926, all staff officers who have been considered by a previous board but have been neither selected nor passed over, as defined in that act, provided that selection boards to consider the promotion of such staff officers shall be convened within one year from the date of this proposed bill.

A special board convened by and within the Navy Department to consider legislation for the elimination of Staff Corps officers who have been passed over has invited attention to a certain inequity in the operation of the equalization act approved June 10, 1926 (44 Stat. 717), and recommended remedial legislation.

This inequity is in brief the delay of promotion for several years after that of their running mates, to those officers who, although eligible under the terms of the act, have not been selected or passed over by the selection boards meeting since the act; in other words, those who have not been "rejected" by the boards.

The fundamental principle of the equalization act is the assurance to officers of the Staff Corps of an opportunity of promotion at approximately the same period as their running mates of the line, provided that the selective process in the Staff Corps is as rigorous as in the line. It is not believed that the equalization act was designed to force a more rigorous selection in the Staff Corps than in the line.

Shortly after the passage of the act, and in accordance with its provisions, so-called "squaring away" boards were convened to select a number of staff officers for promotion whose running mates had been promoted but who, owing to the previous limitation in numbers in the upper ranks of the Staff Corps, had not been promoted. The equalization act in revoking the previous allotment of numbers, or rather percentages in these upper grades, allowed the promotion to those grades of sufficient officers to fill up such grades to a number somewhat comparable to the same grades as the line. The captains' list, however, was blocked at the top by two causes which do not apply to the line (1) the smaller number of officers of the rank of rear admiral in the corps than proportionately in the line, and (2) the absence of age-in-grade or service-in-grade retirement for captains not promoted. Without unduly rigorous selection it has not been entirely possible for the Staff Corps, in selecting officers for promotion to these expanded grantees, to plumb the list of eligibles; that is, officers with running mates already promoted or selected.

In the Construction Corps, particularly, a larger percentage and consequently a proportionately larger number of captains had been previously authorized than in the other corps, and consequently this corps was under the new system not allowed any additional officers in the rank of captain, although there were a number of commanders, six in all, who had running mates who had been promoted to captain or selected therefor.

Since the squaring away boards, opportunity has been afforded under the equalization act for the promotion of six officers of the Construction Corps to the rank of captain but seven new eligibles additional to the six first noted have appeared, and to plumb the list of eligibles would have required the unduly rigorous selection of less than 50 per cent. Other corps have nearly but not completely reached, by their selections, the bottom of the list of eligibles.

At present there are five commanders of the Construction Corps whose running mates have been promoted to captain (originally seven but two have retired). Assuming an 80 per cent selection, the last of these officers can not be promoted, even without according promotion to juniors as their own running mates are promoted, until 1934. In fact it will be some years after that before, with a normal severity of selection, officers in the Construction Corps can be assured of promotion to the rank of captain approximately parallel to their running mates of the line.

Similar conditions exist, though in a less aggravated degree, in the Medical Corps, Supply Corps, and Civil Engineer Corps.

To remedy this situation, the accompanying draft provides for legislation that will in effect authorize new staff selection boards to select additional officers on the basis of considering the present eligibles, provided they have not been passed over, as new eligibles.

This legislation will result in the following maximum number of promotions:

and would restore Staff Corps officers to a parity with their line running mates and this parity would continue if the Staff Corps maintains in the future a percentage of selection no less rigorous than that of the line.

The cost to the Government involved is at the rate of $1,614 per

annum.

The proposed draft of bill was referred to the Bureau of the Budget with the above information. Under date of May 24, 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.

In view of the foregoing, the Navy Department contemplates recommending that the proposed legislation be enacted.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL To provide that certain staff officers of the United States Navy shall come under the operation of section 16 of the act of June 10, 1926

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the operation of section 16 of the act of June 10, 1926, Statutes at Large, volume 44, page 723, the number of staff officers to which the fraction therein prescribed shall be applied for the first selections in each corps after the date of this act shall include, in addition to those allowed by said act, all staff officers who have been considered by a previous board but have neither been selected nor passed over, as defined in said act: Provided, That selection boards to consider the promotion of such staff officers shall be convened within one year from the date of this act.