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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?

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.

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?

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. Any more?
Mr. HUDDLESTON. Mr. Chairman.
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 312 years in temporary date of rank as major general, sir.

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

Mr. Bares. 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. Bares. 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.

Mr. BLANDFORD. I was going to say, Mr. Chairman, that this bill came over on two separate occasions last year. The Chairman did not care to introduce the bill the way it was originally presented. The bill has been rewritten to prevent constructive credit being given, because this committee has taken a very dim view about granting constructive credit.

I would like to call the subcommittee's attention to the fact that this bill is written in such a manner that both of these officers are going to have to continue on active duty beyond the age of 60—no, one beyond the age of 60 and one up to age 59 years and 3 months, or something of that nature, before they will complete their 20 years of active service, at which time they will be able to use as a multiplier all of the service credit available to them for retirement purposes.

Now, there will be no constructive credit given to these officers. They will get the same amount of retirement benefit that they would have gotten had they both completed 20 years of Reserve service.

The basis for the request for the legislation, as I understand it, and General, you can correct me if I am wrong, is that they might well be forced off active duty as Reserve officers, particularly-in one case at the age of 60 they would be forced-General Colglazier would have to go off active duty at age 60 before he completes 20 years of active duty, and the other officer would have to be selected for promotion to major general in the Reserve in order to be assured of continuation on active duty to qualify for retirement. Is that basically correct?

General COLLINS. General Colglazier would have also to be selected as a major general, USAR, between the dates of January 6, 1959, and the effective date of the ROPA, which is July 1, 1960, in order to keep him on for 5 years, which would bring him to 18 years' service.

Mr. BLANDFORD. Isn't it also correct that they are going to both have to be permanent major generals in order to stay on active duty beyond the age of 60? Otherwise, they both would go out as brigadier generals at age 60.

So this is no guaranty to either of these officers that they are going to be continued on active duty, just because they are integrated at this point, or am I incorrect in that?

General COLLINS. By the wording of this law, they would be kept on until age 60, sir.

Mr. KILDAY. Well, we are always complaining about early retirements, and here we are making provision to require them to stay on. I don't see how we can complain both ways.

Mr. BLANDFORD. No, sir. What I am trying to point out is that this officer can't go out until he has completed 20 years of active service. Now, the original bill that was sent over: they would either have to go out on constructive credit-he didn't have to complete 20 years of active service. That was the thing we wanted to insist upon, that they at least complete 20 years of active duty before they would be eligible for retirement. Because if they go out at age 60 on their own application, they would then use the Reserve retirement formula, as I understand. Is that correct? General COLLINS. That is correct. Mr. BLANDFORD. So that the only way that these officers could retire at age 60 or below the age of 60—well, in one case. General COLLINS. One case.

Mr. BLANDFORD. At age 60 and get full retirement would be to be retired for disability. In the other case, he would complete his 20 years of active service and he would be eligible as all other officers are eligible, to count all of their service creditable to them for retirement purposes.

Now, what is the actual benefit that both of these officers derive by receiving regular commissions, as contrasted with their continuation on active duty as Reserve officers?

Mr. KILDAY. The general has stated that in his statement. "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 proven ability. Essentially, this is the sole advantage of this legislation to the Army or to the individuals, as neither General Lindeman or General Colglazier will accrue retirement benefits which they would not otherwise accrue by remaining on active duty as Reserve officers.”

Is that correct, General?

General COLLINS. Yes, sir.
Mr. KILDAY. Is there anything further?

Mr. HARDY. Just one other question here. If this legislation is passed, when will the then Colonel Lindeman become eligible for promotion to permanent brigadier general?

General COLLINS. He has to be at least 1 year in permanent grade of colonel, sir.

Mr. Hardy. He hasn't had 1 year permanent grade of colonel previously, even in the Reserve?

General COLLINS. He has had it in the Reserve, but not in the Regular Army, sir.

Mr. HARDY. Not in the Regular. Now, just one other thought has occurred to me about this. If this legislation assures the completion of 20 years of service and he didn't get above colonel, then he would complete his 20 years as colonel up to age 60?

General COLLINS. Yes, sir.
Mr. KILDAY. Anything further?
(No response.)
Mr. KILDAY. Thank you, General Collins.
General COLLINS. Thank you very much, Mr. Chairman.

Mr. KILDAY. There are two private bills and one bill of general application.

Mr. BLANDFORD. The first bill, Mr. Chairman, is H.R. 3413. Will you pass those around, please, Captain.

(The bill follows:)

(H.R. 3413, 86th 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 American 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.

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

Mr. BLANDFORD. That is to authorize the appointment of Philip Ferdinand Lindeman as permanent colonel of the Regular Army.

The bill would authorize the President, with the consent of the Senate, to appoint Maj. Gen. Philip Lindeman, a Reserve officer now serving on active duty, as a permanent colonel of the Regular Army. Since General Lindeman is not eligible for appointment in the Regular Army under existing law, special statutory authorization is required for such action.

He is now 50 years of age and could not complete 20 years of active service prior to attainment of age 55 as required by the Armed Forces Regular Officers Augmentation Act of 1956.

The sole advantage of the proposal to the Army or to the individual will be to guarantee the tenure of service of a general officer of proven ability. The proposal provides that General Lindeman may not be retired other than for physical disability before he has completed at least 20 years of active service as a commissioned officer.

He will accrue no additional retirement benefits other than those he would accrue were he to remain on active duty as a Reserve officer.

General Lindeman is now charged against the total active duty strength of Army general officers and his appointment in the Regular Army will not result in exceeding the number of permanent colonels authorized the Army under existing law.

Mr. KILDAY. General Lindeman is now a division commander in Europe. As the hearings will reflect, the Assistant Chief of Staff for Personnel, General Collins, testified last year in favor of it.

Is there objection to consideration of the bill on the hearings of last session or to reporting the bill?

(No response.) Mr. KILDAY. The Chair hears none. We will favorably report it. (Whereupon, the subcommittee proceeded to further business.)

H.R. 3412 Mr. BLANDFORD. The next bill, Mr. Chairman, is H.R. 3412, to authorize the appointment of Robert Wesley Colglazier, Jr., as permanent brigadier general of the Regular Army.

(The bill follows:)

[H.R. 3412, 86th 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 hw 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, as 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.

le) 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

(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. BLANDFORD. The purpose of the legislation is to authorize the President, by and with the consent of the Senate, to appoint Maj. Gen.

Code.

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