Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-01
COL. GLADMAN HITS
DISMISSAL IN SUIT,
CHARGING SECRECY

OIIH1OltNO SIVIl6S
Continued from First Page.)
the relator of his right to commits
sion in the National Guard of the Dis
trict Of Columbia"
Commissioned in 1924.
It relates that Col. Gladman received
his commission as lieutenant colonel
in the 121st Engineers on February S..
1924, and has since acted in that
capacity, and points out that he is still
a lieutenant colonel, despite the orders
issued in the case. The petition says
that on August IA. last, Col. Gladman
received notice from the defendant
Mai. Gen. Hammond, form which
impaired the information that the rec
ords of the militia bureau had been
amended to show that the status of
Col. Gladman, as lieutenant colonel
of engineers was terminated on August
IA, by the direction Of the Secretary
Of War.
It then adds that on August &c there
was received from Lieut.. Col. l.. G:
Brinton, jr., then adjutant general OF
the Guard an official order, issued by
command of Gen. Stephan, honorably
discharging Col. Gladman from the
National Guard "by reason of the with
drawal Of Federal recognition on Au-.
gust IA, 1928, under the provisions OF
section 49, act Of Congress approved
March /. 1889. as amended" This is
the National Guard organic act. This
section. according to the petition. pro-
vides that whenever, in the opinion OF
the commanding general Of the militia
of the District of Columbia, an officer of
the said militia has become incapaci-
tated for the performance of duty for
any reason, the commanding general
shall submit the name of such officer
to the Secretary of War. with view to
his being ordered before a board OF
examination, to be appointed by the
Secretary of War, which board shall
examine said officer as to his physical,
mental and military qualifications.
1t further provides. the petition
shows. that If any officer fails to ap-
pear before such a board within so
days after being notified, or fails to
pass satisfactory examination. this
fact shall be certified by the board to
the commanding general, who shall
forward the record of examination to
the Secretary of War, with his recon-
AOA ouOIllooAO1k w tAAS L ASDA-
dent of the United States.
Cites Defense Act.
There is also called to the attention
of the court in the petition the fact
that the national defense act provides
a formal method, in section II, for the
elimination of officers. 1t says that at
any time the moral character, capacity
and general fitness for service of any
National Guard officer may be deter
mined by an efficiency board of three
commissioned officers, senior in rank to
the officer whose fitness for service shall
be under investigation. and if the find
ines of such a board be unfavorable to
such officer and be approved by the Of
fetal authorized to appoint such an Of
ficer, in this case the President of the
United States, he shall be discharged.
1t then says that commissions OF officers
of the National Guard may be vacated
upon resignation, absence without leave
for three months, upon recommendation
of an efficiency board or pursuant to
sentence of general court-martial.
"Gladman." his petition says, "was
never ordered before a board of exam
War. nor has any such board examined
him as to his physical, mental or mill
tary qualifications as required by law.
At no time has the moral character
capacity or general fitness for service
of the relator as an officer in the Ma
tional Guard of the District of Column
bia been determined by an efficiency
board of three commissioned officers,
senior in rank to the relator, unfaVor-
ably to this relator. Nor has any such
finding been approved by any official
authorized to appoint this relator;
neither has he been absent without
leave for three months. nor has his
commission been ordered vacated upon
the recommendation of an efficiency
board or pursuant to a court-martlal.
Asks Entry Be Quashed.
Aside from requesting the court to
issue the writ for certification OF the
proceedings for review. the petition asks
that the entry of August II last of the
Militia Bureau be quashed, that all the
records appertaining to the case IN the
National Guard of the District OF Co
lrlmbia be certified to the court and
quashed, that all of the records OF the
Guard and War Department removing
Gladman be quashed and that Glad
mans status with the Guard be restored.
The ex parte proceedings referred TO
in the petition were conducted by Lieut..
Col. Thorna Strayer, a Regular Army
officer in the inspector generals depart
ment. A number of witnesses testified
at this hearing, including Col. Glad
man, but he was not permitted to be
present at the taking of testimony other
than his own Col Gladman has OBJ
tanned a partial report of these pro-
ceedings, and they disclose only the
testimony of Col. John w. Oehmann,
commanding the regiment, and Capt.
Clay Anderson, an officer of the
Regular Army assigned to the local
engineer regiment as an instructor.