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APPOINTMENT OF QUARTERMASTER CLERKS AS

WARRANT OFFICERS

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE

COMMITTEE ON MILITARY AFFAIRS,

Saturday, March 31, 1928.

The subcommittee this day met, Hon. J. Mayhew Wainwright (chairman) presiding.

Mr. WAINWRIGHT. We will take up for consideration H. R. 8314, introduced by Mr. Wurzbach.

A BILL To amend an act of Congress approved March 4, 1927 (Public, numbered 795, Sixty-ninth Congress), to provide for appointment as warrant officers of the Regular Army of such persons as would have been eligible therefor but for the interruption of their status, caused by military service rendered by them as commissioned officers during the World War

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he hereby is, authorized and directed to appoint as warrant officers of the Regular Army any person whose service as commissioned officer in the Army during the World War, added to their service as quartermaster clerk, amounted to twelve years or more of service prior to June 4, 1920, and who were not eligible for appointment as field clerks, Quartermaster Corps, under the provisions of the act of August 29, 1916, because of the interruption of their twelve years' requisite service as quartermaster clerks to render commissioned service in the World War: Provided, That in determining length of service for longevity pay and retirement they shall be credited with and entitled to count the same military service as authorized for warrant officers, and all classified service rendered as clerks in the military establishment: Provided further, That the limitation in the act of June 30, 1922, on the number of warrant officers, United States Army, shall not apply to the appointees hereunder.

This is a bill to amend an act of Congress approved March 4, 1927 (Public No. 795, Sixty-ninth Congress) to provide for appointment as warrant officers in the Regular Army of such persons as would have been eligible therefor but for the interruption of their status, caused by military service rendered by them as commissioned officers during the World War.

Mr. WURZBACH. This is a bill to amend a bill I introduced in the Sixty-ninth Congress, H. R. 14834, which was enacted into law by the last Congress. Mr. Lohmann is familiar with it, and I want to ask him about it.

How many men does this bill affect?

STATEMENT OF CHARLES W. LOHMANN, JR., CLERK, QUARTERMASTER CORPS

Mr. LOHMANN. It affects seven men.

Mr. WURZBACH. Will you make a brief statement showing why this legislation is necessary?

Mr. LOHMANN. The original intention of the legislation, which is now Public No. 795, Sixty-ninth Congress, was to provide for appointment of 10 quartermaster clerks as warrant officers in the Regular Army, who except for their commissioned service, would have been eligible for appointment as field clerks.

Mr. WURZBACH. The original bill was supposed to take care of how many?

Mr. LOHMANN. Ten quartermaster clerks.

Mr. WURZBACH. How many of them came under the terms of the bill, under the law?

Mr. LOHMANN. A single man.

Mr. JAMES. This is carrying out what was originally intended. Mr. WURZBACH. What was intended, and what I think the War Department thought we were doing, until they construed the act.

Mr. LOHMANN. The reason for the amendment is an extraneous requirement of military service exacted of the men who might have been field clerks. The only military service contemplated was that as a commissioned officer at some time during the World War. In the other bill it required five years' military service, some part of which must have been as an enlisted man. That was known in the bill (H. R. 795) as section 4a of the national defense act.

Mr. WURZBACH. The present bill, H. R. 8314, amends the original bill?

Mr. LOHMANN. Yes, sir.

Mr. WURZBACH. The present bill, H. R. 8314, Senate 3459, is practically identical with the legislation, Public, 795, enacted last year; that part of the previous bill referring to enlisted service, or "and who also had sufficient military service under the provisions of section 4a of the act of June 4, 1920", having been deleted.

There are now seven men; twice failing of appointment by rulings of the Judge Advocate General; in 1920 as field clerks, and again. in 1927 as warrant officers; who have, in fact, qualified for appointment, on the basis of reports on this legislation by the Secretary of War, but they can receive the appointments to which they should have succeeded only by additional legislation as contemplated by the bill now pending before the respective military committees, which legislation bears the whole-hearted approval of the Secretary of War; to the officials of whose department, the whole facts of the ineffectiveness of last year's legislation are known.

The War Department does approve of this legislation.
Mr. LOHMANN. Yes, sir; that is on record.

Mr. WURZBACH. The men to be benefited by this legislation are all in the service of the Quartermaster Corps, in various stations in the United States, and in the Philippine Islands, at the present time, and they all hold commissions in the reserve corps of the Army of the United States, in grades from captain to colonel, inclusive.

Mr. JAMES. Does the War Department recommend the bill?
Mr. LOHMANN. Yes, sir.

(On motion of Mr. James, a favorable report on the bill was ordered.)

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

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