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A FEB 27

1959

[No. 5)

SUBCOMMITTEE NO. 1 CONSIDERATION OF H.R. 3413, H.R. 3412, AND

H.R. 3323

HOUSE OF REPRESENTATIVES,
COMMITTEE ON ARMED SERVICES,

SUBCOMMITTEE No. 1, Washington, D.C., Thursday, February 19, 1959. The subcommittee met at 11:45 a.m., Hon. Paul J. Kilday (chairman of the subcommittee) presiding.

Mr. Kilday. I might say here that it is proposed to call up three bills that were considered by the subcommittee at the last session, favorably reported by the subcommittee to the full committee, and passed the House on the consent Calendar but never finished in the Senate.

If there is no objection, we would like to consider them on the hearings held last year. (The hearings held last year are as follows:)

SUBCOMMITTEE NO. 2 CONSIDERATION OF H.R. 9299 AND H.R. 9300

HOUSE OF REPRESENTATIVES,
COMMITTEE ON ARMED SERVICES,

SUBCOMMITTEE No. 2,

Washington, D.C., Thursday, June 26, 1958. The subcommittee met, pursuant to notice, at 10 a.m., Hon. Paul J. Kilday (chairman of the subcommittee) presiding. Mr. KILDAY. The committee will be in order. Mr. KILDAY. We will now take up H.R. 9299 and H.R. 9300. (The bills referred to are as follows :)

"[H.R. 9299, 85th Cong., 1st sess.) “A BILL To authorize the appointment of Philip Ferdinand Lindeman as permanent

colonel of the Regular Army Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a), notwithstanding any other provision of law, the President, by and with the advice and consent of the Senate, may appoint in the regular grade of colonel in the Regular Army, Philip Ferdinand Lindeman, a member of the Army Reserve presently serving on active duty in the grade of major general.

"(b) The person appointed under subsection (a) shall, while on the active list, be charged against the authorized strength of the Regular Army in colonels on the active list.

"(c) The person appointed under subsection (a) may not be retired, other than for physical disability, before he has at least twenty years of active service as a commissioned officer as defined by section 3926 of title 10, United States Code.

"(d) The Secretary of the Army may retire the person appointed under subsection (a) after he becomes sixty years of age.

"(e) If the person appointed under subsection (a) is retired under subsection (d), he is entitled to retired pay computed under formula C, section 3991 of title 10, United States Code. 34066—59_No.5--1

(337)

"(f) Under appointment, the name of the person appointed under subsection (a) shall be placed on the Army promotion list existing on the date of his ap pointment at the foot of the list of colonels of the Regular Army."

"[H.R. 9300, 85th Cong., 1st sess.)

"A BILL To authorize the appointment of Robert Wesley Colglazier, Junior, as permanent

brigadier general of the Regular Army Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) notwithstanding any other provision of law, the President, by and with the advice and consent of the Senate, may appoint in the regular grade of brigadier general in the Regular Army, Robert Wesley Colglazier, Junior, a member of the Army Reserve presently serving on active duty in the grade of major general.

"(b) The person appointed under subsection (a) shall, while on the active list, be charged against the authorized strength of the Regular Army in general officers on the active list.

"(c) The person appointed under subsection (a) may not be retired, other than for physical disability, before he becomes sixty years of age.

"(d) The Secretary of the Army may retire the person appointed under subsection (a) after he becomes sixty years of age. The person appointed under subsection (a) may be retired, upon his request, after he becomes sixty years

of age.

"(e) If the person appointed under subsection (a) is retired under subsection (d) with less than twenty years' active service as a commissioned officer, he is entitled to retired pay computed under formula numbered 3, section 1401 of title 10, United States Code. . However, if the person appointed under subsection (a) is retired after he has twenty years of active service as a commissioned officer, as defined by section 3926 of title 10, United States Code, he is entitled to retired pay computed under formula C, section 3991 of title 10, United States Code.

" (f) For the purpose of determining the rank and eligibility for promotion of the person appointed under subsection (a), his name shall be placed at the foot of the permanent recommended list for promotion to the grade of brigadier general in the Regular Army existing on the date of enactment of this Act."

Mr. KILDAY. Lt. Gen. J. F. Collins, Deputy Chief of Staff for Personnel. Come around, General, and bring with you whomever you please.

General COLLINS. Yes, sir.

Mr. KILDAY. H.R. 9299 authorizes the appointment of Philip Ferdinand Lindeman as a permanent colonel of the Regular Army, and H.R. 9300 authorizes the appointment of Robert Wesley Colglazier, Jr., as permanent brigadier general of the Regular Army.

Lt. Gen. J. F. Collins, Deputy Chief of Staff for Personnel, is here to support these two measures, and we will consider them together. If approved, we will report them as separate bills on the private calendar.

General Collins, do you have a statement on, first, H.R. 9299, or do you have it on both?

General COLLINS. I have a combined statement, Mr. Chairman.
Mr. KILDAY. Go ahead with your statement the way you have it prepared.

General Collins. Mr. Chairman and members of the committee, I am Lt. Gen. James F. Collins, Deputy Chief of Staff for Personnel, Department of the Army. The purpose of my presentation is to discuss the Department of the Army's views regarding H.R. 9299 and H.R. 9300.

The proposed legislation will authorize the President, by and with the advice and consent of the Senate, to appoint Maj. Gen. Philip F. Lindeman, a Reserve officer now serving on active duty as a permanent colonel of the Regular Army, and to appoint Maj. Gen. Robert W. Colglazier, Jr., a Reserve officer now serving on active duty, as a permanent brigadier general of the Regular Army.

By way of background, General Lindeman has been a Reserve officer since 1930. He had a distinguished combat record in the Southwest Pacific during World War II and upon his return to active duty in 1951 he was appointed resident Army member of the National Guard and Army Reserve Policy Council. From November 1953 until August 1957 he held a key position as Chief, Army Reserve and ROTC Affairs, and in August 1957 was assigned as commanding general, Sth Infantry Division in Europe, the position he now holds.

General Colglazier has been a Reserve officer since 1925. He served with distinction in the Mediterranean and European theaters of operations during World War II in a variety of important logistical positions. Since his return to active duty in 1951, he held several positions of great importance and responsibility in the Office of the Deputy Chief of Staff for Logistics. From April 1956 to November 1957, he was commanding general, Communications Zone, United States Army, Europe, and in November 1957 he returned to the Department for assignment as Assistant Deputy Chief of Staff for Logistics.

Both General Lindeman and General Colglazier are ineligible for appointment in the Regular Army under existing law for the following reasons:

(1) General Lindeman is 50 years of age and General Colglazier is 53 years of age, and they could not complete 20 years of active service prior to attainment of age 55, as required by the Armed Forces Regular Office Augmentation Act of 1956.

(2) In addition, in General Colglazier's case, there is no provision of law for the integration of officers in general officer grade. The Department of the Army feels that it would be remiss if it did not, through special legislation, seek to guarantee now the tenure of service of these officers of such proved ability. Essentially, this is the sole advantage of this legislation to the Army or to the individuals, as neither General Lindeman nor General Colglazier will accrue retirement benefits which they would not otherwise accrue by remaining on active duty as Reserve officers. Similar action was recommended to and ap proved by the Congress in 1947 in the cases of Lt. Gen. Raymond S. McLain and Maj. Gen. Robert S. Beightler.

The enactment of this legislation will cause no increase in the current or future budgetary requirements of the Department of the Army, and the Bureau of the Budget has concurred in its submission. Both Generals Lindeman and Colglazier are now charged against the total active duty strength of Army general officers. Their appointments in the Regular Army would not result in exceeding the number of permanent colonels or general officers authorized the Army under existing law.

I appreciate the opportunity of appearing before your committee in support of H.R. 9299 and H.R. 9300, and on behalf of the Department of the Army strongly urge their enactment.

Mr. KILDAY. Thank you, General Collins.

Any questions from members of the committee?

Mr. HARDY. Yes, Mr. Chairman. I would like to know how many more officers have you that are in this kind of situation that are not going to be recommended for permanent appointment.

General COLLINS. We have no other officers, Reserve officers, who are serving in general officer grade on active duty. These officers are outstanding officers, as can be judged by the fact that when they came on active duty-General Colglazier came on a Reserve brigadier general, and went through the gamut of promotion boards and became an AUS major general; and General Lindeman came on active duty as a colonel and went through two boards to become, first an AUS brigadier general, sir.

Mr. HARDY. I wasn't thinking in terms at the moment, General, of trying to be concerned with the accomplishments of these two general officers. I was trying to think in terms of what the committee might anticipate or what the Congress might anticipate with respect to other officers that might not have distinguished themselves to this extent, and who still might feel that they were just as entitled to consideration for permanent appointments as these two. I was wondering how many more you have in this similar situation, who, because of these two reasons, or similar reasons

General COLLINS. We don't have any more that we intend to recommend, sir. Mr. HARDY. Well, I expect you caught that when you come over with these other two last year was it last year?

General COLLINS. No, sir.

Mr. KILDAY. Some years ago; General McLain has been dead for a long time. General COLLINS. That was back in 1946. These are the only two.

Mr. KILDAY. Of course, those two cases came up after an integration program, where they could not qualify, or didn't, in terms of the laws on that integration program.

General COLLIN. Yes, sir.

Mr. KILDAY. Just as these two generals can't qualify under the terms of the present integration program; isn't that correct?

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General COLLINS. That is correct, Mr. Chairman.

Mr. KILDAY. So they are identical. Of course, these men, as general officers, are probably older. I see one is 50–53

General COLLINS. One is 50 and the other is 53.

Mr. KILDAY. One is 50 and one is 53, general officers. I happen to know both of these generals very well, and I have the highest regard for their ability and know a good deal of their service. And I can understand easily why the Department would feel obligated for having taken men of this age and attainments from civilian life during the period of Korea, I think, for both.

General COLLINS. Yes, sir.

Mr. KILDAY. And now find that because of the age factor they can't be integrated into the service, after such long and outstanding service.

General COLLINS. That is correct, sir.

Mr. HARDY. Could I just ask one other question? I notice both of these are serving on active duty as major general. One of them it is proposed be given the permanent rank of brigadier general and the other one of colonel. Is there a reason for that?

Mr. KILDAY. Five years' difference in service, I believe.

General COLLINS. Five years' difference

Mr. HARDY. It doesn't have anything to do with present age. It is merely a matter of service.

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Mr. KILDAY. I think it is both.

Mr. BRANDFORD. It is both.

General COLLINS. One came on active duty in the permanent USAR grade of brigadier general. That was General Colglazier. The other one came on active duty in the permanent grade of colonel, sir.

Mr. HARDY. Well, General Colglazier at the present time is what?

General COLLINS. He is a temporary major general, sir.

Mr. HARDY. And he also came on active duty at a higher grade; is that right?
General COLLINS. As a USAR permanent brigadier general; yes, sir.
Mr. BLANDFORD. Mr. Chairman, may I say-

Mr. GAVIN. Let me ask a question, will you?

Mr. KILDAY. Mr. Gavin.

Mr. GAVIN. Do you have any other cases over in this same category that you have considered but not recommended, and if so, how many?

Mr. KILDAY. Any more?

Mr. HUDDLESTON. Mr. Chairman.

General COLLINS. There are no other cases in similar category, sir.

Mr. GAVIN. Are there any other cases over there requesting consideration?
General COLLINS. Not in this similar category, sir.

Mr. KILDAY. Mr. Huddleston.

Mr. HUDDELSTON. General, how much senior to General Lindeman is Col. glazier, in the rank of major general?

General COLLINS. About 31⁄2 years in temporary date of rank as major general, sir.

Mr. HUDDELSTON. That is all, Mr. Chairman.

Mr. KILDAY. Mr. Bates.

Mr. BATES. General, was there ever a time during their service when they were eligible for integration?

General COLLINS. They were eligible for integration at the time the first integration act came into effect. That was in December of 1945. But at the time, both of these officers were in the process of going back into private industry. General Lindeman, I believe, went into the Pacific Can business and General Colglazier went into the construction business in Texas.

Mr. BATES. But they were eligible at that time for integration?
General COLLINS. That is correct, sir.

Mr. BATES. Were they also eligible for integration in 1951? One of them returned to active duty?

General COLLINS. There was no authority to integrate them at that time. Mr. BATES. Had they applied in 1946, before they went out of the service, for integration?

General COLLINS. No, sir. They were in the process of going back to private industry, sir.

Mr. BATES. Nothing further.
Mr. KILDAY. Mr. Blandford.

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