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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?

sir.

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

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

sir.

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

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 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, 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.

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

Robert Wesley Colglazier, Jr., a Reserve officer now serving on active duty, as a permanent brigadier general of the Regular Army. Since existing law makes no provision for the appointment of general officers in the Regular Army, special statutory authorization is required for such action. Prior cases of appointment of non-Regular officers in general officer grades are the appoitments in 1947 of Lt. Gen. Raymond S. McLain, and Maj. Gen. Robert S. Beightler, National Guard of the United States, as brigadier generals in the Regular Army (Public Laws 326 and 681, 79th Cong.).

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 Colglazier may not be retired, other than for physical disability, before he becomes 60 years of age and that 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 Colglazier 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 general officers authorized the Army under existing law.

Mr. KILDAY. Of course, General Colglazier is on active duty as a major general.

Mr. BATES. Mr. Chairman, why can't he be continued on active duty as a Reserve?

Mr. BLANDFORD. That is the only question that came up. As a Reserve there is no assurance of his staying on active duty.

Mr. BATES. Is it because of age?

Mr. BLANDFORD. This is to guarantee his tenure on active duty beyond the Armed Forces Reserve Act limitation.

Mr. BATES. Was that at the age of 55 he would have

Mr. BLANDFORD. I think in his particular case he gets beyondMr. BATES. That is the reason, anyway, age.

Mr. KILDAY. That is right. It gives him no additional rights or anything else, other than retaining him on active duty as a general officer.

Mr. BLANDFORD. There is no assurance that he would be kept on as a Reserve officer. There is assurance that he will be kept on as a Regular officer.

Mr. KILDAY. Is there objection to reporting the bill to the committee? The Chair hears none. The bill will be favorably reported. (Whereupon, the subcommittee proceeded to further business.)

H.R. 2233

Mr. BLANDFORD. The next bill is H.R. 2233, which has passed the House two Congresses in a row, now.

(The bill follows:)

[H.R. 3323, 86th Cong., 1st sess.]

A BILL To establish a peacetime limitation on the number of lieutenant generals in the Marine Corps

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5232(b) of title 10, United States Code, is amended by striking out the word "two" and inserting in place thereof the word "five".

Mr. BLANDFORD. This is to let the Marine Corps, in peacetime, have five lieutenant generals instead of the two lieutenant generals that they are now authorized to have.

If the emergency should terminate, the Marine Corps would be reduced to two lieutenant generals. They have had five for some time.

The President has designated the five positions as positions of national importance.

This is the same bill we had last year. The only difference is that instead of there now being an Assistant Commandant for Air, as a lieutenant general, there is a Chief of Staff to the Commandant who is a lieutenant general and there isn't an Assistant Commandant for Air in the Marine Corps.

Mr. KILDAY. Of course the question that always comes on the floor is "Why are you creating more generals; don't you have enough?" Mr. BLANDFORD. We are not creating them.

Mr. KILDAY. These men are already on active duty and will remain on active duty as lieutenant generals, unless and until the Korean emergency should be terminated, when they would be reverted.

Mr. BATES. Well, is this irrespective of the size of the Marine Corps? We don't know what the Marine Corps is going to be 10 or 15 years from now.

Now, would it be mandatory that they have five instead of two? Mr. BLANDFORD. No, the President designates these positions of national importance.

Mr. BENNETT. This is the maximum?

Mr. KILDAY. That is right.

Mr. BLANDFORD. I will read the law to you.

The number of officers

this is the present law

The number of officers serving in the grade of lieutenant general may not exceed two, except in time of war or national emergency, and may not at any time exceed 10 percent of the number of officers not restricted in the performance of duty prescribed for grades above colonel.

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