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General COLLINS. Right, sir.

Mr. VINSON. Then we have United States Army. Then we have the Regular Army. The Regular Army includes all the graduates of West Point and people who are serving like they are serving today. General COLLINS. Irrespective of their source, if they have a Regular appointment in the Army they are part of the Regular Army. Mr. VINSON. That is right.

General COLLINS. Yes, sir.

Mr. KILDAY. Are cadets today members of the Regular Army?
General COLLINS. Beg pardon, sir?

Mr. KILDAY. Are cadets today members of the Regular Army?
General COLLINS. Yes, sir.

Mr. KILDAY. Then why don't they get credit for their service? General COLLINS. There was a special act of Congress which said they would not get credit for it.

Mr. KILDAY. But the inclusion of them in this section would not serve to give them credit for that time?

Colonel BAYA. No, sir; it would not.

Mr. VINSON. We have a special statute excluding longevity at the Academies. There is a bill before the committee now to include them. We may have hearings on it soon, to consider giving them the same longevity privilege that has been given everybody else.

General COLLINS. Right, sir.

Mr. VINSON. Now let me get this in my mind. Take a Reserve officer. Under the law today a Reserve officer cannot be called back to active duty except with his own consent.

General COLLINS. Right.

Mr. VINSON. If you call a Reserve officer back, you detail him to the Regular Army-or is he detailed to the United States Army? Now he is not a Regular. Where would he fall under this bill? Would he be a Regular in the United States Army?

General COLLINS. Would he be a member of the Regular Army? Mr. VINSON. He would be a member of the Regular Army for the time being, wouldn't he?

General COLLINS. No, sir, he would be a Reserve officer on active duty with the Regular Army.

Mr. VINSON. That is right.

General COLLINS. He would not be a Regular officer.

Mr. VINSON. That is right. He would be a Reserve officer called back to active duty with the Regular Army.

General COLLINS. Right, sir.

Mr. VINSON. But he would not be a member of the Regular Army. General COLLINS. No, sir; he would not be.

Mr. BLANDFORD. I have one question, Mr. Chairman.

Mr. KILDAY. Very well.

Mr. BLANDFORD. In connection with subsection (b), does the word "officers" include both temporary and permanent officers? We have had considerable difficulty with that construction, at least the Comptroller General has. Would it be your understanding that the word "officers" would include both temporary and permanent officers?

General COLLINS. I would like one of the technicians to answer that question, if I may.

Colonel BAYA. In section 2 (b) of this bill the term "officers of the Army" is defined "as used in this act" and it says, "the term 'officers

of the Army' means all members of the Army appointed to or holding a commissioned or warrant officer grade." The term "officer of the Army" would include anybody who is holding a commissioned or warrant officer grade regardless of whether it is under a permanent or temporary appointment. A person's permanent status might be that of an enlisted man of the Regular Army, while, at the same time, he might have temporary status as a commissioned officer of the Army under a temporary appointment to a commissioned officer grade. All temporary appointments are made in the Army without specification of component, and do not change a person's permanent status.

Mr. BLANDFORD. You are aware of the Comptroller General's decisions in some cases in which he held that a person who held a permanent enlisted status and who is a temporary officer is not an officer for all purposes?

Colonel BAYA. I am aware of that.

Mr. BLANDFORD. I just wanted to make sure that we are taking care of the temporary officers.

Colonel BAYA. As used in this act the term "officer of the Army” includes them all.

Now under other laws, for example, certain retirement laws, the situation may be different. This bill makes no change in those other laws.

Mr. BLANDFORD. As the term "officer" is used in this act, you intend to include both temporary and permanent officers?

Colonel BAYA. Correct.

Mr. VINSON. Mr. Chairman, bear with me one second. The United States Army consists of the National Guard and those serving under the Draft Act and everyone else

Mr. KILDAY. Reserves.

General COLLINS. The Organized Reserve Corps.

Mr. VINSON. It does include reserves?

General COLLINS. Yes, sir.

Mr. VINSON. It includes reserves when called to active duty? General COLLINS. It includes members of the reserve components whether they are, or are not, on active duty. It includes the National Guard only when called into the service of the United States.

All Reserve officers, Mr. Vinson, have a Federal commission. The National Guard men have a dual status.

Mr. VINSON. All right. Let us see and get it in the record. First, the components of the United States Army are what?

General COLLINS. The Regular Army, the National Guard of the United States, and the Organized Reserve Corps. This is in section 301 of the bill, on page 61 of the blue book, Mr. Vinson.

Mr. VINSON. I want to get it fixed in my mind. I want to see if have everybody in here in the United States Army.

you

General COLLINS. Then it lists all persons appointed, enlisted, and so on. But the major components, which I think is what you are interested in

Mr. VINSON. Of the United States Army you take out and build up what is known as the Regular Army?

General COLLINS. Yes, sir.

Mr. VINSON. Now you have this language here, "the Regular Army is that component of the United States Army which consists of persons whose continuous service on active duty, in both peace and war, is con

templated by law, and of persons who are retired members of the Regular Army."

General COLLINS. Right, sir.

Mr. VINSON. Then if a reservist is on active duty, why isn't he a part of the Regular Army?

General COLLINS. Because he is not continuously on active duty in both peace and war. He is called to temporary periods of active duty. That is the distinction. While he is on duty his rights and privileges are fixed by other legislation, which is not affected by this law.

Mr. VINSON. Now is it so written in this bill that an officer or a cadet when he graduates becomes a member of the Regular Army? General COLLINS. He is already a member of the Regular Army, because this bill includes the professors and cadets of the United States Military Academy as members of the Regular Army.

Mr. VINSON. The United States Army includes everything?
General COLLINS. Sir?

Mr. VINSON. The United States Army includes everything, all of the categories?

General COLLINS. That is right, it is the broad term.

Mr. VINSON. That is right. And out of the United States Army then we establish the Regular Army.

General COLLINS. Right.

Mr. VINSON. That includes your professional soldiers, don't you see. General COLLINS. Right.

Mr. VINSON. Now, is everybody in the Regular Army that should be in the Regular Army under section 302?

General COLLINS. Yes, sir; so far as we know.

Mr. VINSON. All right.

Mr. COLE. Why do you go out of your way to make certain that people on the retired list are members of the Regular Army?

General COLLINS. There are certain other acts, Mr. Cole, which establish privileges of retired personnel of the Regular Service. I think that is the answer, but I would like to have Colonel Baya answer that specifically.

Colonel BAYA. That is correct, sir. For many years the laws have prescribed retirement and other rights, privileges, and obligations for members of the Regular Army. It was only year before last that there was a retirement law enacted for the members of the reserve components and the National Guard. I think it is Public Law General RUFFNER. Public Law 810.

Colonel BAYA. Public Law 810, Eightieth Congress, with which I am sure you are familiar. The many laws that deal with those who are members of the Regular Army, however, extend back for many, many years, since the beginning of the Army. A distinction between Regulars and Reserves must be preserved or the other laws would be confused.

Mr. KILDAY. It is a strong rule of the Army that a man who has completed his Regular Army career is still a member of the Regular Army.

General COLLINS. Yes, sir. He can be called back without his consent, and he is still subject to court martial, regulations, and all sorts of things, which is not true of a Reserve officer, once he goes back to his civilian status.

Mr. COLE. Isn't the real reason why retired officers are considered as still a part of the Regular Army is so they can take advantage of the opportunities that the country makes available to people who are on active duty in the Army?

General COLLINS. Partly that, but also very seriously, Mr. Cole, they can be called back to active duty without their consent, and they are always subject to court martial-two very important provisions.

Mr. COLE. It is all right. I just wondered why it was. I noted in two different places you particularly said that people on the retired list were still considered a part of the Regular Army.

Mr. KILDAY. Anything further on this section? If not, we will go

to 303

Mr. VINSON. Let me put this in the record. The United States Army is the parent; the Regular Army is the child?

General COLLINS. That is right, sir.

Mr. VINSON. All right.

TEXT OF SECTION 303, "COMMANDS, FORCES, AND ORGANIZATIONS OF THE ARMY"

Mr. BLANDFORD (reading):

SEC. 303. The Army shall be divided into such commands, forces, and organizations as may be directed by the President, by the Secretary of Defense, or by the Secretary of the Army.

EXPLANATION AND DISCUSSION OF SECTION 303, "COMMANDS, FORCES, AND ORGANIZATIONS OF THE ARMY"

Colonel BAYA (reading):

Though brigades are mentioned in the statute quoted in paragraph 3 of this comment, the Infantry Division of World War II did not, and the present division does not, include them. New organizations, unknown when that statute was passed such as combat teams, combat commands, and task forces, have been created from time to time, as has been required by military necessity and by the development of the art of war. The fact that this occurred shows the impossibility of foreseeing what tactical organizations will be needed in the future, and the unwisdom of prescribing them by statute.

Mr. KILDAY. Any questions on this section?

Mr. VINSON. Yes, sir; I would like to ask this question as suggested by Mr. Blandford. Could this section cause any conflict with the combatant functions assigned to the various armed services under the National Security Act?

General COLLINS. No, sir.

Mr. VINSON. All right.

Mr. KILDAY. Anything further?

(No response.)

Mr. KILDAY. Section 304.

TEXT OF SECTION 304, "ARMY AREAS"

Mr. BLANDFORD (reading):

SEC. 304. For military purposes, the United States of America, its Territories and possessions, and other territory in which the Army may be stationed or operate, may be divided into such areas as may be directed by the President, by the Secretary of Defense, or by the Secretary of the Army; and officers of the Army may be assigned to command of Army activities, installations, and

personnel in such areas. Officers of the Army so assigned shall perform such duties and exercise such powers as the President, the Secretary of Defense, or the Secretary of the Army may prescribe.

EXPLANATION AND DISCUSSION OF SECTION 304, "ARMY AREAS"

Colonel BAYA (reading):

Explanation of section 304. Since the commencement of our history as a Nation, the territory of the United States and other territory in which our Army has been operating has been divided by the President or by military commanders into areas for purposes of military command and administration. At various times these areas have been called departments, divisions, corps areas, service commands, or army areas. The statute quoted in paragraph 3 of this comment says that there shall be corps areas. During World War II these were renamed service commands, but those have since been replaced by the presently existing six army areas and the Military District of Washington.

The foregoing statement shows that the present territorial division of the United States for military purposes bears little resemblance to that contemplated by the statute quoted in paragraph 3. It is believed that the statute law in this, as in other respects, should be flexible; so as to permit such changes as from time to time may be necessary. The last part of section 301 is merely declaratory of the powers of the President as Commander in Chief.

Mr. KILDAY. Now, in the past has it always been provided by statute whether the country should be divided into divisions, corps areas, or service commands? As to service commands, I realize that was temporary during the war, and that Army areas at this time are under the War Powers Act.

General COLLINS. The name has changed back and forth, Mr. Kilday through the years. It has varied widely from time to time. Existing permanent law requires that they be divided into what are known as corps areas, but no specific definition of a corps area is in the law.

Mr. KILDAY. Nor has any specific territory been assigned by statute to any specific division, area, or command.

General COLLINS. That is right, sir. However existing law does prescribe that in each corps area there shall be at least one division of the National Guard or Organized Reserves and such other troops as the President may direct. The only stipulation is that in each one of these corps areas there must be at least one division of the National Guard or of the Organized Reserves. Actually we have many more than one in all of them, of course, and always have had.

Mr. VINSON. That is being repealed now-that requirement of so many National Guard divisions in an area?

General COLLINS. It would be repealed by this section; yes, sir. Mr. VINSON. Now, what is the wisdom in repealing it? Why don't you have a certain strength of National Guard in an Army area? General COLLINS. Well, we now have certain strengths of the National Guard and Organized Reserves in the Army areas. If you want to repeat in this bill this same language that "in each Army area there shall be at least one division of the National Guard or Organized Reserves and such other troops as the President may direct," I can see no objection to that.

Mr. VINSON. That makes it a little bit more positive as to what the military requirement will be in an Army area.

General COLLINS. It would be a very loose requirement, very frankly, Mr. Vinson.

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