A HEARING ON THE BILL (H. R. 13959) FOR THE RELIEF OF LIEUT. DAVID O. BOWMAN, MEDICAL CORPS. UNITED STATES NAVY

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON NAVAL AFFAIRS,

Friday, February 1, 1929.

The subcommittee met at 10.30 o'clock a. m., Hon. Clark Burdick, presiding.

Mr. BURDICK. We will now take up the bill, H. R. 13959, introduced by Mr. Burton, for the relief of Lieut. David O. Bowman, Medical Corps, United States Navy.

(The bill and the report of the Navy Department thereon are as follows:)

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, authorized 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.

FOR THE RELIEF OF LIEUT. 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 O. 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 2197-29-No. 112

(625)

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.

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 $1,500 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 Navu.

STATEMENT OF COMMANDER T. S. WILKINSON, BUREAU OF

NAVIGATION

Commander WILKINSON. This bill was introduced by Mr. Burton, who is now in the Senate. The letter attached to the bill contains full comments and data, and I do not think it will be necessary to read it in full. This is the case of an officer who was in the Naval Reserve force during the war and who attempted to qualify for the regular naval service. He did so qualify, but he passed the age limit before he could be appointed and confirmed. In conse quence he was not appointed for about two years, when the age limit was increased, thus permitting him to come in, in spite of the fact that was two years after his qualification originally. The delay was due to a combination of causes. There was some delay in the department caused by the fact that the President was abroad for two or three months attending the peace conference and so was not able to transmit names to the Senate for confirmation. Mr. VINSON. It is a very similar case to that of Lieutenant Commander Weber.

Commander WILKINSON. Yes, sir.

Mr. VINSON. The passing of this man on account of the age limit was due to the fact that President Wilson was in the peace conference, and could not send his name to the Senate for confirmation, so that the age limit ran against him.

Commander WILKINSON. Yes, sir. He qualified on December 14, 1918, which was within one month of passing the age limit.

Mr. VINSON. And during that time the President was abroad? Commander WILKINSON. Yes, sir.

Mr. VINSON. And, therefore, he could not send the nomination to the Senate.

Commander WILKINSON. That is true.

Mr. VINSON. Was that a matter the President had no discretion about, or did he have discretion in that matter?

Commander WILKINSON. I do not know whether the President could have allowed some other official, like the Vice President

Mr. VINSON (interposing). I mean was it within the discretion of the President to reject his promotion?

Commander WILKINSON. He could have done so, but I do not believe that he would have done so, because afterwards when the age limit was increased, the President sent in his nomination.

Mr. VINSON. Assuming that this officer had passed his physical, mental, and professional examinations, and his name had been transmitted to the White House, was it discretionary with the President as to whether he would send in his nomination, or not?

Commander WILKINSON. Yes, sir; but he did send it in later. Mr. VINSON. Do you have any assurance that he would have sent it in?

Commander WILKINSON. None, except that he did later send it in. (On motion of Mr. Vinson the bill H. R. 13959 was ordered favorably reported.)

(Thereupon the subcommittee proceeded to the consideration of other business.)

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