The bill H. R. 14384 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 January 3, 1929, the Director of the Bureau of the Budget advised the Navy Department that the proposed 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. 14384. Sincerely yours, CURTIS D. WILBUR, A BILL For the relief of Roland Vincent Baillie Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, Roland Vincent Baillie, formerly an ensign in the United States Navy, an ensign in the United States Navy: Provided, That nothing contained herein shall entitle Roland Vincent Baillie to any back pay or allowance. RELIEF OF JOSEPH G. O'NEIL (H. R. 14580) NAVY DEPARTMENT, Washington, January 14, 1929. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 6, 1928, transmitting the bill (H. R. 14580) for the relief of Joseph G. O'Neil, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows: The purpose of the bill H. R. 14580 is to provide that in the administration of the pension laws Joseph George O'Neil shall hereafter be held and considered to have been honorably discharged from the naval service of the United States, provided that no pension shall accrue prior to the passage of this act. The records of the Navy Department show that the above-named man was born on October 27, 1880. He enlisted in the Navy on June 7, 1897, and during his enlistment committed the following offenses: Indecent conduct; 12 hours overtime; shirking duty on various occasions; insubordination; refusing to obey orders of a boatswain's mate; returning aboard under influence of liquor; leaving his post without being properly relieved and pillaging wardroom officers' ice chest. O'Neil deserted from the U. S. S. Culgoa on April 23, 1901, and remained a deserter until May 31, 1927, when he reported at the receiving barracks, Puget Sound, Wash. Because of his long period of absence he was discharged without trial on May 31, 1927, with an undesirable discharge because of desertion. The Navy Department is unaware of any good reason for considering O'Neil as having been honorably discharged from the naval service, and without such reason does not believe that any special action toward his case should be taken. Further, any legislation such as this bill to change the character of discharge of a man in O'Neil's status would tend to weaken the force of subsequent undesirable discharges because of desertion. The bill (H. R. 14580) if enacted into law, will result in no additional cost to the Navy; however, it is probable that a pension charge will be involved now or in the future. The bill (H. R. 14580) was referred to the Bureau of the Budget with the above information and a statement that the Navy Department contemplated making an unfavorable recommendation thereon. Under date of January 3, 1929, the Director of the Bureau of the Budget advised the Navy Department that the proposed recommendation is not in conflict with the financial program of the President. (445) 2197-29-No. 69 In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 14580. Sincerely yours, CURTIS D. WILBUR, A BILL For the relief of Joseph George O'Neil 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 Joseph George O'Neil shall hereafter he held and considered to have been honorably discharged from the naval service of the United States: Provided, That no pension shall accrue prior to the passage of this act. TO CORRECT THE NAVAL RECORD OF WILLIAM B. McLAREN, ALIAS THOMAS J. KELLY, ALIAS THOMAS HOLDEN SCULLY (H. R. 14262) NAVY DEPARTMENT, Washington, January 14, 1929. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 6, 1928, transmitting the bill (H. R. 14262) to correct the naval record of William B. McLaren, alias Thomas John Kelly, alias Thomas Holden Scully, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows: The purpose of the proposed legislation is to confer upon William B. McLaren, alias Thomas John Kelly, alias Thomas Holden Scully, the same rights, privileges, and benefits, to which he would have been entitled had he been honorably discharged from the Marine Corps in 1907. The records of the Navy Department show that Thomas John Kelly enlisted in the Marine Corps on June 28, 1899, and was discharged with a bad-conduct discharge pursuant to a sentence of summary court-martial on October 24, 1902. During this enlistment his record shows 17 different offenses, for 1 of which he was convicted by general court-martial and sentenced to confinement for six moths. He again enlisted in the Marine Corps on June 8, 1906, under the name of Thomas Holden Scully, concealing his prior service. He was tried by general court-martial on September 5, 1906, found guilty of "Leaving post before being relieved," "Resisting arrest," "Using profane, obscene, and abusive language toward another person in the service," "Drunkenness on post," and "Fraudulent enlistment. His sentence, as approved by the Navy Department, was to be confined for 18 months, forfeiture of pay and allowances, and dishonorable discharge. He was actually dishonorably discharged on August 14, 1907, in pursuance of that part of the sentence of the court. Legislation of this kind, if enacted, in a great number of cases has the effect not only of weakening the force of a dishonorable discharge but, by reason of that very fact, lessens the value of an honorable discharge. The enactment of the bill H. R. 14262 would involve no cost to naval appropriations, but it would probably involve a SpanishAmerican War pension of from $20 to $50 a month. The bill (H. R. 14262) 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 January 3, 1929, the Director of the Bureau (447) 2197-29-No. 70 of the Budget advised the Navy Department that the proposed 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. 14262. Sincerely yours, CURTIS D. WILBUR, A BILL To correct the naval record of William B. McLaren, alias Thomas John Kelly, alias Thomas Holden Scully Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged marines, William B. McLaren, alias Thomas John Kelly, alias Thomas Holden Scully, who was a member of the United States Marine Corps, shall hereafter be held and considered to have been discharged honorably from the naval service of the United States as a member of that organization on August 14, 1907: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this act. |