FOR THE RELIEF OF LOUIS SHYBILSKA (H. R. 15708) NAVY DEPARTMENT, Washington, February 6, 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 28, 1928, transmitting the bill (H. R. 15708) for the relief of Louis Shybilska 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, Louis Shybilska shall hereafter be held and considered to have been honorably discharged from the United States Navy as a fireman on the U. S. S. Mohave. The records of the Navy Department show that the above-named man was born on November 14, 1892. He enlisted in the Navy on December 4, 1917, for a period of four years. While attached to the U. S. S. Zeelandia, Shybilska was granted liberty, to expire on September 7, 1918. He failed to return at the expiration of his liberty and remained absent until September 12, 1918, when he was delivered on board the U. S. S. Zeelandia. For this offense he was tried by general court-martial, found guilty of absence from station and duty without leave, was sentenced to be confined for a period of three years, and then to be dishonorably discharged from the naval service and to suffer all other accessories of said sentence. The Navy Department approved the proceedings, findings, and sentence, but mitigated to restrict to ship or station for a period of six months that part of the sentence which involved confinement. All other accesseries of said sentence, except loss of pay, were mitigated. The dishonorable discharge was remitted on condition that Shybilska, during the period of restriction, conducted himself in such a manner as to warrant his retention in the service. On December 3, 1918, Shybilska was restored to duty. On January 6, 1919, while attached to the Mohave, he was declared a deserter as of December 27, 1918. He is still shown on the records of the Navy Department in the status of a deserter at large. The Navy Department is unaware of any good reason for considering Shybilska 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, restoring the rights, privileges, and benefits of an honorably discharged man to a man in a deserter's status is a partial revocation of the penalties incurred by the desertion, and by the (669) 2197-29-No. 119 accumulation of cases in which such remission is accomplished by acts of Congress tends to weaken the force of subsequent cases of this character. The bill, H. R. 15708, if enacted into law, will result in no additional cost to the Navy. However, it is probable that a Veterans' Bureau charge will be involved now or in the future. The bill, H. R. 15708, 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 28, 1929, the Director of the Bureau of the Budget advised the Navy Department that the recommendation against the enactment of the legislation proposed by this bill is in accordance with the financial program of the President. In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 15708. Sincerely yours, CURTIS D. WILBUR, A BILL For the relief of Louis Shybilska 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, Louis Shybilska shall hereafter be held and considered to have been honorably discharged from the United States Navy as a fireman on the United States ship Mohave: Provided, That no pension shall accrue prior to the passage of this act. FOR THE RELIEF OF CAPT. JOHN H. MERRIAM AND CAPT. CHESTER G. MAYO, SUPPLY CORPS, UNITED STATES NAVY NAVY DEFARTMENT, Washington, February 5, 1929. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Referring to the bill H. R. 9352, providing for sundry matters affecting the naval service, a draft of which was referred to you by the Navy Department on January 12, 1928, the purpose being to relieve various disbursing officers of the Navy of certain charges standing against them in their accounts, I have the honor to submit herewith a draft of two sections with request that they be added to the bill. The first section of the inclosed draft authorizes and directs the Comptroller General to credit the accounts of Capt. John H. Merriam, Supply Corps, United States Navy, in the amount of $310, which sum represents a payment made by him to the J. H. Nolan Construction Co., on April 12, 1916, on Public bill No. 1028, Contract No. 2180, disallowed by the Comptroller General in the final settlement of his accounts. Contract 2180 covered construction of a cotton storehouse at the naval proving grounds, Indian Head, Md., to be completed by December 14, 1915. In the final settlement under this contract the General Accounting Office suspended $315.70 against voucher 1028 because of delay in completing the building. The contract provided for assessment of liquidated damages at $5 per day for each day of delay beyond the date specified for completion with the alternative of deducting actual damages if such amount could be determined. The alternative is coupled with the provision "if it is determined that there was no damage none will be imposed." Evidence later submitted showed that the building was practically completed February 15, 1916, on which date the Government took possession. The General Accounting Office allowed on this evidence $5.70, leaving a balance of $310 suspended against voucher 1028, which amount was later disallowed by the Comptroller General. The question of delay in completion of the work was the subject of correspondence between the officer in charge of the work and the Bureau of Yards and Docks, and on March 27, 1916, the officer in charge recommended that no penalty be exacted for delay inasmuch as the Government had suffered no loss. On April 10, 1916, the Bureau of Yards and Docks advised the officer in charge of the work as follows: The question of penalizing this contractor was reconsidered by the Secretary of the Navy and preparation of final and reservation voucher was authorized without deduction for liquidated damages or other penalty. The vouchers were therefore paid as submitted. Because of the terms of the liquidated damage clause it is held that the payment made was similar to that covered by 24 Comp. Dec. 170. Two attempts were made to have the case reopened with reference to the decision referred to but reconsideration was denied. The Navy Department considers that the payment was properly made under the terms of the contract and that the disbursing officer should not be held liable by a technicality raised by the General Accounting Office. The second section of the inclosed draft authorizes and directs the Comptroller General to credit the accounts of Capt. Chester G. Mayo, Supply Corps, United States Navy, in the amount of $2,994.35, which sum represents the aggregate of payments made by him on voucher No. 8419 for $2,400 paid February 23, 1922, under department contract No. 3069 (Y. and D. No. 4301); on voucher No. 3334 for $164, paid March 3, 1922; on voucher No. 162 for $3 paid September 5, 1922; on voucher No. 5182 for $275 paid July 3, 1922; on voucher No. 3820 for $15 paid August 11, 1920, and on voucher No. 4708 for $137.38 paid August 28, 1922, which payments were subsequently disallowed by the Comptroller General. Contract 3069, which is covered by voucher 8419, provided for building railroad track extensions and foundation for radial brick chimney at the naval research laboratory, Washington (Bellevue), D. C. Paragraph 12 of the contract provides that The failure or neglect of the contractor to submit his claim for extension of time within 30 days after the happening of the cause or causes upon which his claim is predicated shall be deemed and construed as a waiver of all claims and right to an extension of time for the completion of the work on account of alleged delay, and the contractor agrees to accept the finding and action of the Navy Department, Bureau of Yards and Docks, in the premises as conclusive and binding. Extensions of time were granted by the Bureau of Yards and Docks in its letter of February 23, 1922, for a period of 179 days. Of the time under this extension all delay was due to causes for which the Government was responsible except 16 days which were due to a stonecutters' strike. The General Accounting Office had suspended $28,500 against this voucher for a statement showing inclusive dates for the causes enumerated in Yards and Docks letter of February 23, 1922, and for evidence that the contractor submitted claim for extension of time within 30 days after the happening of the causes on which the contractor's claim was predicated. Inasmuch as the causes of delay for which time extensions were granted, except the 16 days due to strike. were causes for which the Government was responsible, the contractor was not required to submit a request for time extension. (Comptroller General's decision of July 9, 1923, review 4725.) The records of the Bureau of Yards and Docks fail to show that the contractor requested extension of time because of the strike as required by paragraph 12. The amount suspended against this voucher, $2,400, represents a liquidated damage clause for 16 days at $150 per day. Voucher 3334 for $164 was paid to Earle Aiken Pound as reimburse ment for medical expenses incurred by him while a member of the United States Naval Reserve Force. This amount was disallowed by the General Accounting Office on the grounds that information received from the Bureau of Navigation showed that Pound enrolled in the Reserve Force May 23, 1918, and was disenrolled June 1, 1920, never having been called to active duty. It appears that Pound was enrolled in the Reserve Force May 23, 1918, and was ordered home to await orders. In similar cases it was held by the Navy Department that men ordered home for the convenience of the Government were in a duty status and entitled to medical attendance as provided by Navy Regulations. It appears that no report of Pound's illness was made to the Bureau of Medicine and Surgery but a report was made to the commandant of the sixth naval district, and subsequently when claim for reimbursement for medical expenses was submitted, it was approved by the Bureau of Medicine and Surgery. The facts concerning this case were furnished the General Accounting Office but removal of the disallowance was denied under 5 Comp. Gen. 603. Voucher 162 for $3 and voucher 5182 for $275 were paid Drs. P. Ray Meikrantz and H. A. Price, civilian physicians, for medical services rendered Laurence Poticher, fireman, third class, United States Navy, from December 21, 1920, to April 30, 1921. Poticher was on leave of absence when taken ill December 18, 1920. He reported his inability to return to duty on expiration of leave, and the Bureau of Medicine and Surgery recommended on January 24, 1921, that an officer of the Medical Corps be ordered to investigate the case and submit report. The investigating medical officer recommended that Poticher remain in the care of his family physician until his condition permitted his transfer to a naval hospital. The civilian physician was advised by the investigating medical officer that the Navy Department would pay his bill. The investigating medical officer's report and recommendation was approved by the Bureau of Medicine and Surgery February 3, 1921, and by the Bureau of Navigation February 10, 1921. The Comptroller General based his disallowance of these items on Dec. 2, Comptroller General, 269, relative to duty status. The original disallowance under voucher 5182 was for $438, but a subsequent credit allowed by the General Accounting Office leaves a disallowance of $275. (See 4 Comptroller General Decision 175 and A-3915.) Voucher 3820 for $15 was paid to the Sunbury Supply Co. to cover the charge of the Sunbury Supply Co. for the landing of airplane 3414 in Walnut Street Field, Sunbury, Pa., on April 21, 1923. This plane was piloted by H. J. Norton, first lieutenant, United States Marine Corps. This charge was covered by Bureau of Aeronautics requisition 439, 1923 series, approved in accordance with Judge Advocate General's first indorsement dated April 6, 1923, file 268931555-N. The General Accounting Office disallowed this payment on the grounds that no services were rendered by the Sunbury Supply Co. and no damage was incurred to any part of the field or shrubbery in the vicinity. (See 5 Comptroller General Decision 428.) The Sunbury Supply Co. has been requested to refund this amount but claims that they sustained damage to the field to the extent of $24.10 and declined to make reimbursement. Voucher No. 4708 was paid to the late Lieut. Robert L. Gressitt, Supply Corps, United States Navy, as reimbursement for the cost of |