Major Tidwell functioned as secretary of the Surplus War Property Policy Board, in uniform, from March 27 to April 24, 1944, when he was granted terminal leave of 35 days before reverting to an inactive status on May 30, 1944. The programs which Major Tidwell had initiated were then under way and it was essential that during these 35 days of his terminal leave he should continue without interruption to perform his duties as Secretary of the Surplus War Property Policy Board. Because of a Federal Statute which prohibits the payment of two salaries at one time to a Federal Government employee, it was not possible for the Surplus War Property Administration to enter him on its rolls until the end of his leave on May 30. Major Tidwell informed me that he sought unsuccessfully to have these 35 days Army leave credited to him as a civil-service employee so that he could avail himself of them later. In view of the fact that Major Tidwell agreed to stay on his assignment with Surplus War Property Administration during these 35 days without compensation from the Surplus War Property Administration and that the Civil Service Commission was unable to credit him with 35 days as a civil-service employee, it is my recommendation that the claim for $770 in H. R. 5010 be allowed and paid to him. Attached is a copy of our file on this subject. W. L. CLAYTON, Administrator. APRIL 26, 1944. Subject: William Peyton Tidwell, major, MAC, 0505928. House of Representatives, Washington, D. C. DEAR MR. BARRY: 1. The subject officer submitted his resignation from active service to the War Department on March 15 so that he might accept position as Secretary of the Surplus War Property Policy Board at $8,000 per year. W. L. Clayton, Surplus War Property Administrator, had stipulated that Major Tidwell must revert to civilian status in order to function as Secretary of the Policy Board. 2. Mr. Clayton requested the War Department to assign Major Tidwell to the Surplus War Property Administration, in military status, until his resignation became effective. Consequently, Major Tidwell reported to Surplus War Property Administration on March 27 on a military detail.. 3. Major Tidwell's release from the Army was given in Special Orders No. 95 dated April 20, 1944. 4. Major Tidwell's accumulated leave amounted to 35 days, which is shown in Special Orders No. 95. At the end of 35 days, or May 30, 1944, he will revert to inactive status for the duration of the war and 6 months thereafter. 5. Major Tidwell has since March 27 functioned as Secretary of the Surplus War Property Policy Board. He is unable to drop his duties at Surplus War Property Policy Board in order to take the 35 days leave. 6. The War Department has advised him informally that the 35 days are not transferrable to the Surplus War Property Policy Board and the Surplus War Property Policy Board has informally advised him that his salary will not start until May 30, 1944. Very truly yours, MEMORANDUM TO MR. CLAYTON I understand from Major Tidwell that Maj. Gen. Norman T. Kirk, the Surgeon General, is out of the city for an indefinite period. In view of this fact, it would be my suggestion that you communicate with Judge Patterson with respect to the release of Major Tidwell from the Surgeon General's Office. LT. COL. J. P. WOODLOCK. MARCH 21, 1944. Mr. EDWARD REYNOLDS, Acting Chief, Supply Service, The Surgeon General's Office, Washington, D. C. MY DEAR MR. REYNOLDS: It was kind of you and Colonel Hewitt to cooperate with us in getting the services of Major Tidwell for our organization. Please accept my thanks. We need him for an important assignment and it is my understanding that he will report here about March 27. Sincerely yours, [First Endorsement] W. L. CLAYTON, Administrator. ARMY SERVICE FORCES, SURGEON GENERAL'S OFFICE, OFFICE OF THE CHIEF, SUPPLY SERVICE, To Chief, Personnel Service, S. G. O. 1. Recommend acceptance. 2. Suitable replacement for this officer is available. 3. The officer concerned has served honorably, faithfully, and satisfactorily, and his record is such as to warrant separation under honorable conditions. Subject: Relief from active duty. R. E. HEWITT, Executive Officer, Supply Service. WAR DEPARTMENT, ARMY SERVICE FORCES, OFFICE OF THE SURGEON GENERAL, Washington, March 15, 1944. (Attention Classification and Replacement Branch through the Surgeon General.) 1. It is requested that the undersigned (William P. Tidwell, major, Medical Administrative Corps, Army of the United States, serial No. O-505928) be relieved from active duty under the provisions of AG 210.85 (December 30, 1943) PO-A-A January 12, 1944, paragraph 3 of said letter. 2. The undersigned was commissioned as major in the Army Specialist Corps on October 28, 1942. Upon dissolution of the Army Specialist Corps, he was commissioned in the Army of the United States on December 2, 1942, and assigned to duty in the Materials Branch, Production Division, Headquarters, Army Service Forces. 3. On April 3, 1943, the undersigned was transferred to the Surgeon General's Office for the performance of specific duties in the Supply Service in connection with administration. Such duties have been completed. 4. It is felt that the undersigned can contribute a more effective service under present circumstances by being relieved from active duty and returned to inactive status at the earliest practicable date in consonance with accumulated annual leave. 5. In view of the fact that the undersigned will continue in the war effort in a civilian capacity with the Surplus Property Policy Board, it is requested that this relief from active service be expedited. The Surplus Property Policy Board has requested that the undersigned report to that organization at the earliest practicable date. WILLIAM P. TIDWELL, Major, Medical Administrative Corps, Army of the United States. [RESTRICTED] Symbols DP-By direction of the President TDM-Travel directed is necessary in military service WP-Will proceed to TPA-Travel by officer or his dependents by privately owned automobile is authorized. DS for officer's travel is authorized, par. 1 e, AR 605-180, changes No. 1 AD-Active duty TDPFO-Tempo duty pending further orders PCS-Permanent change of station SPECIAL ORDERS) WAR DEPARTMENT, WASHINGTON 25, D. C., 20 April 1944. EXTRACT Paragraph 6. Lv of absence is granted MAJ PEYTON TIDWELL 0505928 MAC for 1 month and 5 days eff 24 Apr 1944. DP MAJ TIDWELL reid fr asgmt and duty Washington, DC, to arrive home Forest Hills, NY, on 30 May 1944 revert inact status. The AUS apmt of MAJ TIDWELL will continue in force during the period of the present emergency and for 6 months thereafter unless sooner terminated DP. PCS. TDN. 1-5000 P 431-01, 02, 03, 07, 08 A 0425-24. BY ORDER OF THE SECRETARY OF WAR: OFFICIAL: ROBERT H. DUNLOP, G. C. MARSHALL, Chief of Staff. A true copy: Acting The Adjutant General. Hon. DAN R. McGEHEE, Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 5010, Seventy-eighth Congress, a bill for the relief of Maj. William Peyton Tidwell. The proposed legislation would require the Secretary of the Treasury to pay from Government funds the sum of $770 to Maj. William Peyton Tidwell for services rendered as secretary of the Surplus War Property Policy Board for a period of 35 days at the rate of $8,000 per annum. Such 35-day period extended from April 24, 1944, the date on which the officer concerned was granted terminal leave of absence, to May 30, 1944, the date on which he reverted to inactive status and on which his compensation commenced as secretary of the Surplus War Property Policy Board. The records of the War Department indicate that Major Tidwell was appointed in the Army Specialist Corps on October 8, 1942, and subsequently received the temporary appointment of major in the Army of the United States on November 30, 1942. He served on active duty until May 30, 1944, when he reverted to an inactive status, upon his own request, under War Department policy which permitted the relief of certain officers over 38 years of age from active duty when no suitable assignment existed for them. Prior to his relief from active duty, Major Tidwell was granted a leave of absence of 1 month and 5 days, effective April 24, 1944, under the normal practice of granting terminal leaves of absence equal to the amount of their accumulated leave to those officers of the Army of the United States who are relieved from active duty under honorable conditions. During this leave period Major Tidwell remained in an active status as an Army officer and received the pay and allowances of such office in the amount of $515.53, representing base pay at the rate of $250 per month, and subsistence and rental allowances of $168 per month. H. Repts., 79-1, vol. 167 The act of May 10, 1916, as amended (5 U. S. C. 58), provides that no money appropriated by any act, unless otherwise specifically authorized by law, shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum. Also existing law prohibits any officer receiving a salary of $2,500 per annum from being appointed to or holding any other Federal office to which compensation is attached unless specially authorized by law (sec. 2, act of July 31, 1894, as amended; 5 U. S. C. 62). The War Department does not favor legislation which would grant to one individual a right to dual compensation denied by general law to other persons under similar circumstances. Although Major Tidwell was precluded from receiving compensation for both offices at the same time, he could have become eligible to receive the higher compensation as Secretary of the Surplus War Property Policy Board at the commencement of the period in question by waiving his terminal leave, with attendant loss of military pay and allowances for such period and thereby reverting to an inactive status on April 24, 1944. In view of the foregoing, it is recommended that the proposed legislation be not favorably considered. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours FEBRUARY 20, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. McGEHEE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2092] The Committee on Claims, to whom was referred the bill (H. R. 2092) for the relief of Growers Fertilizer Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. A similar bill was favorably reported by this committee in the Seventy-eighth Congress. The facts will be found fully set forth in House Report No. 24, Seventy-eighth Congress, which is appended hereto and made a part of this report. [H. Rept. No. 24, 78th Cong., 1st sess.] The purpose of the proposed legislation is to pay the sum of $2,017.84 to the Growers Fertilizer Co., a Florida corporation, in full settlement of all claims against the United States for goods furnished to the clients of the Farm Security Administration of the Department of Agriculture, upon the order and authority of an agent of said Farm Security Administration, during the period from April 15, 1937, to March 22, 1938. STATEMENT OF FACTS The Growers Fertilizer Co. had its principal place of business at Fort Pierce, Fla., and the claim involved is for reimbursement for fertilizer furnished certain farmers in the counties of Dade, Broward, Palm Beach, and Indian River, State of Florida, by orders of Mr. Charles W. Arrants, supervisor of the Farm Security Administration in these counties. According to the claimant company, late in the summer of 1936, their president and general manager conversed with Mr. Frank W. Williamson, district rural rehabilitation supervisor, district 5 of Florida, of the Farm Security Administration. He quoted prices of their fertilizers for the benefit of farmers securing loans through the Farm Security Administration and was referred to Mr. Charles W. Arrants and instructed to quote prices to Mr. Arrants and to leave a price list of the company's products for the consideration of the farmers securing loans. |