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thus created, filled by the promotion of officers of all branches and replacements in the Air Corps, are in the junior grades. This tends to adversely affect the morale of its officers.

Military flying will always be hazardous. Many of the safety factors that apply to commercial aviation must in war planes give way to speed, greater fire power, larger bomb loads, and other desirable military characteristics. Combat will require decidedly different maneuvers from commercial flying. Casualties among military flying personnel are consequently relatively high. This great rate of attrition requires special consideration in providing replacements.

It is thus seen that a situation exists in the Air Corps which needs special consideration. This branch of our national defense is quite different from the other branches and faces conditions peculiar to that service alone. The casualty rate is high, expectancy of life for the flying officer is far less than in other occupations, strain on the physical resistance from combat flying is excessive, the period of greatest flying efficiency is limited, responsibilities of air officers are heavy, and promotion has stagnated. These are facts that your committee has taken under consideration in the study of the air-officer problem and have led us to favor the enactment of this bill into law.

EXPLANATION OF SECTIONS

SECTION 1. CREATION OF AIR COPRS PROMOTION LIST

This section removes the names of all Air Corps officers from the single promotion list of the Army and directs the Secretary of War to prepare an Air Corps promotion list upon which they shall be placed. Approximately 60 per cent of the Air Corps officers are in the so-called hump of World War officers. The majority of them are near the bottom of the present promotion list. For years as lieutenants they have had the responsibilities and commands of field officers. The War Department report on promotion and retirement states with regard to the present system of promotion: "Twenty-three years will elapse between the time the head and tail of this hump reaches the grade of major." It is obvious that many of the air officers, if they lived, would never reach a field grade before retirement. And in the present system wherein the Air Corps officers are on the same list with the officers of the other branches, there will be a great number of other officers higher on the list who will have to be promoted before the air officers.

It is proposed that the officers of the Air Corps shall retain on the original Air Corps promotion list the same relative position with regard to each other that they now have on the Army promotion list. As mentioned above, the officers within the corps have become accustomed to these relative positions, and it is believed unwise to upset that arrangement now for the sake of trying to remedy a few injustices that have existed since 1920. The real injustice is the position of the corps with reference to the other arms; this is corrected by the separate list provided in this bill.

The old principle that officers should be placed on a promotion list in accord with length of commissioned service is reiterated in connection with the Air Corps promotion list. The commissioned service that is to be counted for this purpose and for promotion is the same as that contemplated by the national defense act when the Army promotion list was formed in 1920.

The commissioned service of an officer whose position on the list is changed by sentence of a general court-martial is stated so that he may not later disregard his punishment and secure an earlier promotion than that to which he is entitled as a result of the sentence of the court.

SECTION 2. RATE AND LIMITS OF PROMOTION

The rate of promotion in the Air Corps is affected by conditions different from those in other branches of the service. Principal among these is the high casualty rate and the greater responsibility of the individual officer for his length of service. An officer should at least expect to reach the grade of major before the end of his career and the command of a major-the squadron-demands that when he reaches that grade he be at his maximum flying efficiency and retain that efficiency for at least a few years. The high casualty rate indicates that it is about even chances that the officer will survive 15 years after starting to fly. It is therefore important that his early promotion be fairly rapid-to major in 12 years; then as his flying efficiency decreases and his administrative duties

become heavier the rate of promotion can be slower. This bill provides for reaching the grade of colonel after 26 years' service, as recommended by the Assistant Secretary of War in charge of aviation matters in the War Department and is the same as for the Medical Corps at the present time.

A definite rate of promotion after years of service in each grade is not only a deserved reward and gives rank commensurate with command or responsibility but also assures to the officer a future in his chosen profession and greatly enhances morale.

One of the most important points of this bill is found in this section: It is essentially a "flying officer" bill and so it is prescribed that nonflyers shall be promoted as provided for other branches of the Army. Your committee sees no reason why the nonflyer should receive benefits in promotion which do not accrue to other nonflyers in the Army.

SECTION 3. RETIREMENT FEATURES

It is intended that the retirement laws of the Army shall apply equally to officers of the Air Corps as well as to officers of other branches of the Army, but this section recognizes the great hazard of military flying and its attendant effect upon the physical and mental state of those who are called upon to engage in this character of work and provides accordingly additional benefits toward retirement.

Your committee recognizes a situation peculiar to the Air Corps which requires that special treatment be given retirement features. Military flying produces a great drain on the physical resistance; subconsciously, if not consciously, there is always that thought of the risk involved. Changes in altitude subject the whole physical system to rapid changes in atmospheric pressure and cause conditions to which the body is not accustomed. Speed also adds its physiological problems. Partial deafness often results from the excessive noise and altitude. The nervous system is subjected to abnormal strain. Eye strain with sometimes permanent deleterious effects is common. Lack of oxygen and lowered pressure at high altitudes affect all the normal functions to a marked degree. Our Army flyers are a picked lot; they must meet more rigid physical requirements for entry into the Air Corps than for service in other branches; their death rate from disease is far lower than in the balance of the Army. Yet it has been found necessary to train a special corps of flight surgeons who are able to diagnose and remedy the peculiar conditions that develop in air work. These flight surgeons live with and watch the flyers to anticipate if possible the coming of a physical condition which might result fatally in the air.

When an officer of the Air Corps has served 30 years your committee believes the character of service has been such as to warrant retirement should the officer care to exercise this option. And in computing that time such of it as involved flying would by the terms of this bill be counted double. Active military flying is essentially a young man's occupation, and when an officer gives to his country the best years of his life in a profession where the expectancy of life is so much less than in other branches, he deserves special consideration.

None of the retirement provisions in this section makes it mandatory for an officer to leave the service; they simply establish an eligibility for retirement which, except in the case of physical disability, leaves to the officer the option to continue in service or to retire.

It is obvious that the age limit at which a flying officer may retire should be lower than in the other branches. It is highly desirable that the Air Corps be a group of active flyers ready to take the air in combat at a moment's notice. Men who reach the age of 54 years will probably have lost, as a general rule, much of their usefulness in the air. Not all will desire to retire at this age nor even after 30 years of service; the option, however is provided. Many will be desired as administrators and executives, and it is proper that they should be permitted to continue on active duty until affected by the retirement provisions of the Army.

Officers of the Army at the present time who become physically unfit for the performance of their duties may be retired; similarly officers of the Air Corps who become physically disqualified for the performance of their duties as flying officers should be eligible for retirement for physical disability.

SECTION 4. TRANSFER OF AIR CORPS OFFICERS TO OTHER BRANCHES

Should an officer of the Air Corps elect to transfer to another branch of the service he may do so now so far as law is concerned. This section continues that privilege but provides a method of adjusting his rank and grade in the branch to which he may transfer. The only fair solution of this is for the officer to take rank and grade in his new branch in accordance with his length of commissioned service as computed under laws governing that new branch. His transfer would, of course, be subject to the approval of the Secretary of War.

SECTION 5. REPEALING CLAUSE

This is the usual clause to avoid conflict with other laws.

SUMMARY

H. R. 12814 to increase the efficiency of the Air Corps is designed primarily to meet the special personnel problems confronting the flying officer. The nonflyer is in general treated as officers in other branches of the Army. It will be noted that the scale of promotion is for flying officers; the nonflyer is promoted as provided for other branches. Flying service is given special credit_ toward retirement; it is the flying officer who may retire at 54 years of age. It is the opinion of your committee that this bill will help to keep the Air Corps of the Army an active flying corps.

Congress has repeatedly encouraged, and rightfully so, the principle that the Air Corps should be composed of active flyers. A 10 per cent limit has already been placed on the number of nonflyers and even that is reduced by the inclusion of such flying officers as may become disqualified. It is obviously the intent of Congress to provide the maximum of flying officers and the minimum of nonflyers in the strength of the Air Corps.

The Air Corps act of July 2, 1926, defined a flying officer as "one who has received an aeronautical rating as a pilot of service types of aircraft" and in time of war may include observers. Thus it is apparent in time of peace that "flying officer" means one who has himself learned to fly and has gained training and experience making him competent to command and lead flying units.

The War Department forwarded a report to this committee on a similar bill, H. R. 9366, which stated:

"During the present session of the Congress I have submitted for your consideration several reports on legislation concerning the promotion and retirement laws now in force as they affect the commissioned personnel of the promotion list of the Regular Army. My opinions in regard to promotion and retirement in the Regular Army are incorporated in these reports, and I desire that they be considered as my views concerning H. R. 9366.'

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The Secretary of War did not express himself on this particular measure. subject of personnel legislation for the Air Corps has been before your committee for several years and in this case the committee, having heard much testimony and after thorough study, decided to formulate its own policy.

The efficiency and development of the Air Corps under the 5-year program passed by Congress in 1926 is greatly impaired by the lack of proper personnel legislation. It has been difficult, in fact impossible, to fill the yearly increments. Service for those in the Air Corps has become far less attractive as commercial aviation has developed and offered excellent opportunities in civil life. It is the opinion of your committee that this bill will tend to correct the existing situation. The committee have heard throughout the past few years numerous witnesses regarding personnel matters in the Air Corps. Arguments have been presented against a separate promotion list, stating such action would adversely affect the morale of the Army. No convincing testimony, however, has been given by these opponents to show how to correct the present situation in the Air Corps. The Hon. F. Trubee Davison, Assistant Secretary of War, whose principal duties are in connection with the Army Air Corps, at the hearing before your committee stated with reference to the serious situation existing in the Army with regard to promotion that "the Air Corps was in much the worse situation of any branch and that "the recommendations of the board (general officers appointed in the War Department for the purpose) did not fully take care of the promotion problem in so far as the Air Corps was concerned."

The Assistant Secretary also stated:

"The promotion situation in the Air Corps is very seriously impairing the morale of the officers and particularly the younger officers. * * * The result is that the men we need most in the service are the ones who are beginning to look around and see whether or not there is some civilian position they can accept much more advantageously to themselves than by remaining in the Army. 'My hope is that this problem will be solved because it is the most important one in my judgment that is now before the Army. This Air Corps personnel situation must be straightened out if we are going to keep our men and keep our morale instead of having it going down all the time as we know it is.

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"The present situation is perfectly intolerable. There is no question about that. Casualties in the Air Corps are very much higher than in any other branch and, of course, under the single-list system when an Air Corps officer is killed the chances are usually in favor of an officer in some other branch getting his promotion and that is very unfair to the Air Corps."

While Mr. Davison was enthusiastic to see the Air Corps problem solved he was not unmindful of the situation confronting the whole Army and thought possibly some joint solution might be reached. He stated:

"I would like to see every effort made to see if there could not be some reconciliation offered that would solve this problem. * * * I think it would go further than any bill that has been introduced to correct the promotion situation in the Air Corps itself."

General Fechet, the present Chief of Air Corps, stated:

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"As a whole, this is an excellent bill from the Air Service standpoint. in my opinion, will do one thing that no other bill I ever heard of will possibly do, and that is to give us in the Air Corps adequate rank for our jobs.'

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When asked the direct question as to whether he was in favor of the bill, he replied, Yes, sir."

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Maj. H. A. Dargue, the leader of the Pan American flight which visited Mexico, all countries of Central and South America, and the islands of the West Indies during the winter of 1926-27, and who is also a distinguished graduate of the Command and General Staff School, told your committee he has been studying personnel problems in the office of the Chief of Air Corps for several years, and that H. R. 12814 "will improve the morale in the Air Corps and will put this corps on a basis that is sound and will increase its efficiency.'

He pointed out that "there are certain conditions peculiar to the Air Corps that do not obtain in the other branches of the service," that "the death rate in the Air Corps is nearly nine times as great as that in the other services"; that the majority of the air officers are in the hump and the greater number of them are near the bottom, due to their longer period of training. He stated: "There is no doubt the proper time has arrived. I do believe this solution will correct the Air Corps situation without doing injustice to any other branch on the single promotion list of the Army."

*

Lieut. L. J. Maitland, the pilot of the plane which flew from San Francisco to the Hawaiian Islands last June, stated to your committee that he has been a lieutenant in the Air Corps since 1918, that he has been "over 10 years on a flying status," and that according to the present list he is "due for promotion to a captaincy in July, 1932, and to a majority in 1948, after 31 years of service." He stated:

"I know of 20 officers in the Army Air Corps-and they are the best ones we have who are seriously considering getting out of the Army this year and going into commercial aviation, because of the offers that have been made to them, which were so attractive that they can not afford to stay in unless something is done."

When asked what the probable effect of the enactment of the proposed legislation would be on these 20 he stated, "I believe that the majority of them will stay in service."

Upon being asked what else could be done to take care of this situation in the Air Corps other than a separate promotion list, Lieutenant Maitland replied, "There is not anything else, in my opinion."

Lieut. A. F. Hegenberger, the copilot with Lieutenant Maitland and also the navigator and radio operator on the Hawaiian flight, stated he would not be a major until he was 53 years of age at the present rate of promotion. He has been a lieutenant in the Air Corps since the World War and has held positions of great trust and responsibility. His position in the Air Corps is not unique but is typical of the situation existing among a large number due to the stagnation in promotion and the unfortunate position of the greater part of the air officers in the lower files of the Army promotion list.

He told the committee:

"I have talked a great deal and with a large number of officers in the Air Corps regarding a separate list. That has been a subject of much discussion in the Air Corps for a number of years. It is practically the universal opinion of the officers to whom I have talked that it would go a long way toward remedying the injustices and to promote efficiency in the Air Corps and improve the morale." And again:

"I might say that a large number who have contemplated separating from the service have stayed in in the hope that some remedy would come. You see, since the war we have had the subject under constant discussion, and it has always seemed that the solution was imminent, and it has always been an incentive to hang on in hope that the situation would be corrected."

When asked whether his view would be the universal view of the officers in the Air Service, he stated: "I am sure of that." In this connection it was pointed out to your committee that four boards representing all activities of the Air Corps and studying the problem independently came to the same conclusion, that a separate promotion list for Air Corps officers was the only adequate solution.

Lieut. H. A. Dinger, an officer nearly 42 years of age (there are several lieutenants in the Air Corps still older), who has been a first lieutenant in the Air Corps since early in the World War and who has been an active flyer since his entry into the service, stated:

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"I think that it (H. R. 12814) would increase the morale very much. my opinion that this bill would give officers who are in command of organizations and who have the responsibilities of the average officer in the Air Corps, rank and position commensurate with the responsibilities that they have."

Lieutenant Dinger has held command and positions nearly all of his service that were those of a field officer. It is not that the Air Corps has lacked suitable officers, but that these officers have been unjustly embarrassed by lack of suitable rank.

Col. Charles A. Lindbergh appeared before your committee and was very much in favor of any legislation that would correct the detrimental conditions that exist in the Air Corps. He stated:

"It is my understanding that there are under consideration in Congress legislative proposals intended to increase the efficiency of the Army Air Corps and directly affecting the commissioned personnel of that important branch. "In a letter to Congressman Furlow I stated:

"I am earnestly in favor of any legislation that will give to the officers of the Army Air Corps rank and pay that are just compensation for the service rendered and the risk connected with the service. It is clear that this condition does not now exist.'

"It is obvious that rank should be an emblem of command and responsibility as well as a reward for service. It has been my observation that officers of the Army Air Corps in many cases have rank quite junior to that expected in the positions they hold.

"Active military flying is to-day essentially a young man's occupation and this means that special considerations enter the problem of securing the maximum benefit from the limited years of active flying service. The rate of promotion is thus influenced.

"Military flying will always be hazardous. Many of the safety factors that apply to commercial aviation must, in war planes, give way to speed, greater fire power, larger bomb loads, and other desirable military characteristics. Combat will require decidedly different maneuvers from commercial flying. Casualties among military flying personnel are consequently relatively high. This great rate of attrition requires special consideration in providing replacements. If a flying officer meets his death, the vacancy should be filled by an Air Corps officer of equal experience.

"Military missions require skill and entail danger that call for pilots of unusual qualities. Adequate reward is necessary to attract and hold the type of officer needed. Especially is this true in the present stage of the rapid growth of the aeronautic industry which doubtless will offer attractive connections to experienced pilots and administrators. It is discouraging for an officer to remain too long in a junior grade. Several have already sought civil positions. Undoubtedly morale would be greatly enhanced if officers could see a brighter future in the service.

"Ielieve our air forces should constitute a first line of defense--they must be ready to take the initiative when danger threatens our Nation; there may be no

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