GRANTING A MEDAL OF HONOR TO WILLIAM MCCOOL, UNITED STATES NAVY (H. R. 16401)

NAVY DEPARTMENT, Washington, March 7, 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 February 2, 1929, transmitting the bill (H. R. 16401) granting a medal of honor to William McCool, United States Navy, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows:

The purpose of this bill is to provide that William McCool, late of the United States Navy be awarded the medal of honor for heroism shown on or about February 6, 1907, while aboard the U. S. S. Tennessee at League Island Navy Yard, Philadelphia, Pa., in connection with the arrest of Maurice Burke, late seaman, United States Navy. The following entry, as to the incident referred to in this bill, appears in the log of the U. S. S. Tennessee of February 6, 1907:

* *

* * * M. Burke (sea) drew a revolver and fired two shots at J. H. Douglass (C. M. A. A.), one shot hitting him * * * McCool (M. A. 3c.), in attempting to overpower the prisoner, knocked the weapon aside, the third shot striking the prisoner Burke on the right wrist making a superficial wound. * The prisoner then fired a fourth shot at McCool, who had fallen inflicting a slight skin wound on the right chest. J. H. Douglass (C. M. A. A.) was taken to sick bay and medical assistance summoned. * * * M. Burke was placed in single irons.

The testimony in the subsequent court-martial of Burke confirms this extract from the log.

The Navy Department considers that although the action of McCool was courageous and in accord with the traditions of the Navy, yet it was not of a character to merit the award of the medal of honor, which may under the law be awarded only for distinguished conduct in battle or "extraordinary heroism in the line of his profession."

The bill (H. R. 16401), if enacted into law, would involve no cost to the Government.

In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 16401.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

A BILL Granting a medal of honor to William McCool, United States Navy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That William McCool, late of the United States Navy be, and he is hereby, awarded the medal of honor for heroism shown on or about February 6, 1907, while aboard the United States ship Tennessee at League Island Navy Yard, Philadelphia, Pennsylvania, in connection with the arrest of one Maurice Burke, late seaman, United States Navy.

PROVIDING FOR THE RETIREMENT OF ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO BECOME PHYSICALLY INCAPACITATED FOR ACTIVE DUTY AS AN INCIDENT OF THEIR SERVICE (H. R. 16442)

NAVY DEPARTMENT, Washington, March 9, 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 January 22, 1929, transmitting the bill (H. R. 16442) providing for the retirement of enlisted men of the Navy and Marine Corps who become physically incapacitated for active duty as an incident of their service, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows:

The purpose of this bill is to effect the transfer to the retired list of all enlisted men who become physically disqualified to perform the duties of their rating.

By the wording of the bill it would appear that all enlisted men would be transferred to the retired list when they become physically disqualified to perform the duties of their rating, no matter whether their disability had been incurred in the line of duty or not.

Approximately 1,640 enlisted men in the Navy and approximately 450 enlisted men in the Marine Corps are discharged annually as physically unfit. Their average age is about 25 years, and their average service is about four years. The retired pay to which this number of men would be entitled, under the provisions of the bill, would be about $600,000 for the first year. This amount would be increased by similar increments each year for some years. The death rate among such young men, although retired because of the disability to perform their duties, would be low for several years. Assuming that the life of the average man discharged as physically unfit would be shortened by about eight years, and using published mortality tables, the cost for the tenth year after the enactment of this bill would be about $6,000,000; for the twentieth year it would be only slightly less than $12,000,000; for the thirtieth year only slightly less than $18,000,000, and would continue increasing until about the sixtieth year, when it would be more than $24,000,000 a year. These figures, of course, can be only approximate. They are based upon the number of discharges at the present time. If this bill were enacted, the number of discharges for physical disability would tend to increase. Pressure would also undoubtedly be brought to bear on behalf of those heretofore discharged for disability, and those whose disability was first noted after discharge to be included in the benefits of this legislation. This would likewise apply to those who served during the war in addition to the regular forces.

Existing pension laws provide for pensions for men actually disabled, in varying degrees of disability, by their service in the Navy. Disabilities traceable to the World War are subject to compensation under the Veterans' Bureau.

In view of the above, it is believed that any modification of present law should be directed toward the increase of disability pensions for men actually unable, by reason of their disability, of service origin, to engage in normal employment.

The bill (H. R. 16442) 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 March 1, 1929, the Director of the Bureau of the Budget advised the Navy Department that the recommenda tion against the enactment of the proposed legislation 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. 16442.

Sincerely yours,

C. F. ADAMS, Secretary of the Nary.

A BILL Providing for the retirement of enlisted men of the Navy and Marine Corps who become physically incapacitated for active duty as an incident of their service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all enlisted men of the Navy or Marine Corps who become physically disqualified to perform the duties of their rating shall be transferred to a retired list for enlisted men of the Navy or Marine Corps, which is hereby established and on such transfer shall thereafter be paid retired pay at three-fourths of the pay of their rating at the time of retirement, and upon the conclusion of thirty years' service, including time on the retired list, shall receive, in addition to three-fourths of the pay of their rating at the time of retirement, the allowances which are now or may hereafter be provided for enlisted men of the Navy transferred to the retired list after thirty years' service.