Изображения страниц
PDF
EPUB

Eightieth Congress, the Officer Personnel Act of 1947. Inasmuch as General Carroll did not serve in the Armed Forces prior to September 2, 1945, he does not come within the exception to this age limitation which is authorized by the cited section of the Officer Personnel Act. Accordingly, the appointment of General Carroll as a colonel in the Regular Air Force can be accomplished only by special legislation.

Colonel Balchen served on extended active duty as a Reserve officer in the United States Air Force from September 5, 1941, to April 21, 1946, inclusive, on which latter date he was relieved of active duty. He was subsequently recalled to active duty as a colonel, United States Air Force Reserve, on October 11, 1948, and he has continued on active service since that date. In view of the fact that Colonel Balchen was born on October 23, 1899, and served as a Reserve officer with the United States Air Force during World War II, he was eligible for appointment in the Regular Air Force as a permanent major under the provisions of Public Law 281, Seventy-ninth Congress. However, the need for his services was not anticipated and no efforts were made to pursue his integration. The sequence of events since that date have now culminated in a critical world situation which imposes upon the various armed services grave responsibilities. For the Department of the Air Force the advent of polar operations imposes a critical need for specially qualified technicians. Recognizing this need, it is our desire to make permanently available to us an officer of wide experience and special fitness in this line of work. The special fitness, experience, and qualifications of Colonel Balchen in this respect are unique. He is eminently qualified for this task. Although Colonel Balchen is eligible for appointment as a Regular officer under the provisions of section 506 (e) of Public Law 381, Eightieth Congress, the Officer Personnel Act of 1947, it appears unrealistic to appoint an officer of such maturity and experience in the stipulated grade of second lieutenant.

2. Question. Has a thorough canvass of all available Regular officers been made to determine that no officer having these special qualifications is now available in the Regular Air Force? (Note: In event a canvass has been made, it might be appropriate to ask for the record, What were the general mechanics of this canvass?)

Answer. A canvass has been made of all available Regular Air Force officers to determine whether or not officers of comparable experience and maturity possessing these unique qualifications are available. None has been revealed. In this respect, the general mechanics employed in this canvass constituted a review of all Regular officers for the purpose of determining whether or not one or more evidenced these peculiar qualifications and possessed the level of experience and maturity desired.

3. Question. Has investigation been made to determine whether qualified officers from the Reserve or National Guard are available for extended active duty for these billets?

Answer. This investigation has not been made. Such officers may be recalled for extended active duty during peacetime only with their consent, and upon termination of contract the Air Force, if so requested, must release them. This is the situation which the Air Force faces with respect to General Carroll and Colonel Balchen and is the precise circumstance which would exist should we recall any other Reserve or National Guard officer to extended active duty. Appointment as Regular officers is the only assurance of continuity and stability. 4. Question. Has the possibility of securing qualified officers by detail from the Army and Navy been considered?

Answer. Yes; this action has been considered but rejected. First, it is doutbful whether the Army or the Navy have in their services Regular officers with the outstanding special qualifications possessed by General Carroll or Colonel Balchen as outlined by Mr. Symington. If the other armed services do have such personnel, it is highly questionable that they could afford to release them to the Air Force. In the absence of legislation providing for the interservice transfer of Regular officers among all armed services (there is temporary authority provided in the National Security Act of 1947, as amended, for interservice transfers between the Army and Air Force until July 26, 1950), satisfactory arrangements could not be contracted, even if properly qualified Regular officers were made available by these services.

5. Question. Has the bill been coordinated with the other Departments to find out whether they have similar requests, so that all requests can be handled in one package if there are additional cases in either the Army or Navy?

Answer. Formal coordination has not been accomplished with the Army or Navy inasmuch as a directive from the Secretary of Defense dated October 29,

1948, does not require formal coordination of proposed private relief bills with the other departments or the Secretary of Defense. However, prior to submission of this bill to the Congress, the Air Force secured the approval of the Secretary of Defense and the Bureau of the Budget. Subsequent to introduction of the bill, the Air Force contacted Maj. Gen. Č. E. Byers, Deputy Assistant Chief of Staff (G-1) of the Army and Vice Adm. J. W. Roper, Chief of the Bureau of Personnel of the Navy, and has been advised that those Departments have no similar legislation which they desire to introduce at this time.

6. Question. Has consideration been given as to whether general legislation in the form of an amendment to the Officer Personnel Act of 1947, to provide a statutory vehicle for appointments of this type, would not be preferable to submitting private bills in each case?

Answer. General legislation in the form of an amendment has been considered, but is not favored by the Air Force. We are anxious to avoid any action which might lead to unwarranted Regular appointment of senior officers. In the instance of General Carroll and Colonel Balchen their qualifications are so singular and the need for their services by the Air Force so great that exception in their cases appear justifiable. We do not foresee a similarly urgent need for Regular appointments in high permanent grades. If the standards for future direct Regular appointments are maintained as high for all exceptions to general provisions of law, the incidence of such appointments will be extremely low for the entire Military Establishment.

7. Question. Is the need for these officers so great as to warrant any possible adverse morale effect it may have?

Answer. Yes. The need for the continued services of these officers is exceptional and no adverse morale effects are anticipated as a result of their permanent appointment in the Air Force. The eminent qualifications of both General Carroll and Colonel Balchen are well known and it is believed that their permanent appointment in the Regular service would be generally favored by the officer corps.

Senator BYRD. I also want to put in the record the records of both Balchen and Carroll, and likewise the telegram and letter from Secretary Symington.

Thank you very much, General.

(The documents referred to above are as follows:)

STATEMENT OF COL. BERNT BALCHEN

Colonel Balchen served on extended active duty as a Reserve officer in the United States Air Force from September 5, 1941, to April 21, 1946, inclusive, on which latter date he was relieved from active duty. He was subsequently recalled to active duty as a colonel, United States Air Force Reserve, on October 11, 1948, and he has continued on active service since that date.

Colonel Balchen was born on October 23, 1899. He is above the maximum age limitation of 27 years for appointment as a Regular officer under the provisions of section 506 (c) of Public Law 381, Eightieth Congress, the Officer Personnel Act of 1947. Inasmuch as Colonel Balchen served in the Armed Forces prior to September 2, 1945, he comes within the exception established by the cited section of the Officer Personnel Act which authorizes a waiver of age so as to permit appointment in the grade of second lieutenant. Such appointment, however, would be totally incompatible with the age, experience, and position of Colonel Balchen. In view of the deadline of December 31, 1947, which was fixed with respect to the appointment of Regular officers under Public Law 281, Seventy-ninth Congress, Colonel Balchen is not in a position to make application at this time for permanent commission under the provisions of that act. Accordingly, the appointment of Colonel Balchen as a colonel in the Regular component of the United States Air Force can be accomplished only by special legislation. During the recent World War Colonel Balchen served in a number of important assignments, including duty as air operations officer in various overseas areas and as special assistant to the Commanding General, European Division, Air Transport Command. His present assignment is as special assistant to the Commanding General of the Alaskan Air Command.

Colonel Balchen, who holds a rating as a command pilot, is an acknowledged expert in the field of cold-weather air operations and techniques and has published several books on the science of aeronautics and on the characteristics of the

frozen north in relation to the conduct of aggressive warfare. He has rendered invaluable service to the Air Force in the field of Arctic training and Polar combat operations, and his knowledge of cold-weather flying and rescue problems is considered unique and indispensable.

In July of 1930 the Kingdom of Norway conferred upon Colonel Balchen the Knight Cross of Saint Olaf, First Class, for his outstanding achievements as a member of the Byrd Expedition. In February of 1943 he was awarded the Soldier's Medal for heroism as the leader of an extremely difficult rescue operation in Greenland. He received the Distinguished Flying Cross in September of 1943 for extraordinary achievement as the leader of an extremely difficult mission in Greenland during the period from January 9 to April 16, 1943. In January of 1945 he was decorated with the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service during the period from March 2 through December 1944. In addition to these decorations, Colonel Balchen holds the Air Medal with five Oak Leaf Clusters.

STATEMENT OF BRIG. GEN. JOSEPH F. CARROLL

General Carroll has been on active duty as a Reserve officer since May 6, 1948. He is presently serving in the capacity of director of special investigations in the office of the Inspector General, United States Air Force. As a

General Carroll joined the Federal Bureau of Investigation in 1940. result of his demonstrated diligence, ability, and leadership, he was advanced to the position of Special Assistant to the Director of the Bureau.. Subsequently, in May of 1948, a special request for his services resulted in General Carroll's entrance on extended active duty in the Air Force on a loan basis from the Federal Bureau of Investigation.

General Carroll was born on March 19, 1910. He is above the maximum age limitation of 27 years for appointment as a Regular officer under the provisions of section 506 (e) of Public Law 381, Eightieth Congress, the Officer Personnel Act of 1947. Inasmuch as General Carroll did not serve in the Armed Forces prior to September 2, 1945, he does not come within the exception to this age limitation which is authorized by the cited section of the Officer Personnel Act. Accordingly, the appointment of General Carroll as a colonel in the Regular component of the United States Air Force can be accomplished only by special legislation.

As the first Director of the Office of Special Investigations, United States Air Force, General Carroll effected the organization and development of a centrally directed investigations service, furnishing trained specialists to perform investigations for all Air Force activities with respect to major crimes, counterintelligence, fraud, conspiracy, and other special inquiries. He personally supervised the selection of all key personnel and arranged for the administrative organization and operation of the special investigations units, including proper staff supervision of the many and varied activities of his office, the establishment and maintenance of central files, the organization and maintenance of an administrative system for the processing of all personnel and management matters, and the establishment of district offices to service all air commands within the zone of the interior.

From a handful of selected officers General Carroll developed the Office of Special Investigations to an organization whose personnel numbered in excess of 1,300 within the space of a few months. District offices have been established in 25 strategic areas throughout the continental United States. The system which was established by General Carroll has proved to be so effective and successful that the majority of all overseas air commands have voluntarily adopted the form of organization and the procedural methods of his office.

On August 1, 1948, the operations of the Office of Special Investigations were placed under the jurisdiction of the Inspector General, United States Air Force. It has been charged with responsibility for all investigations relating to the clearance of atomic energy employees, integrated officers, cryptographic personnel, civilian employees, contractor personnel, facilities employees, civilian and military personnel, and aliens. It is further charged with the responsibility for investigations involving major offenses such as fraud and conspiracy in connection with the procurement or disposition of property, and major crimes such as arson, blackmarket operations, bribery, burglary, embezzlement, forgery, larceny, perjury, robbery, and smuggling. Additionally, the Office has been assigned the task of detecting espionage, sabotage, treason, sedition, subversion, disloyalty, and disaffection within the Air Force, and of coordinating its operations in these activities with other Government departments and agencies.

[blocks in formation]

Priority 31840 just read on my way west that there might be some resistance on the Carroll-Balchen bill. After few moments discussion on this I am sure you would agree it should be passed and would deeply appreciate your backing it up.

STUART SYMINGTON.

DEPARTMENT OF THE AIR FORCE,
OFFICE OF THE SECRETARY,
Washington, March 20, 1950.

Hon. MILLARD E. TYDINGS,

Chairman, Committee on Armed Services,

United States Senate.

DEAR MR. CHAIRMAN: There is enclosed a draft of a bill to authorize the appointment of Joseph F. Carroll and Bernt Balchen as permanent colonels in the Regular Air Force, which the Department of the Air Force, on behalf of the Department of Defense, recommends be enacted into law. The Secretary of Defense has assigned to this Department the responsibility, on behalf of the Department of Defense, for the preparation and submission of this proposal. The purpose of the bill is stated in its title. This proposal is in the nature of special legislation, the basic intent of which is to provide the degree of security and authority consistent with the retention by the Air Force of each of the persons herein concerned in a permanent status and as career officers.

Each of the individuals covered by this proposal is presently serving on active duty as an Air Force Reserve officer: Joseph F. Carroll in the grade of brigadier general as director of special investigations, Office of the Inspector General, United States Air Force; and Bernt Balchen in the grade of colonel as special assistant to the commanding general, Alaskan Air Command. Each of these officers is an acknowledged expert in his field and has rendered invaluable service in his various assignments. The professional experience and technical knowledge of each of these officers are outstanding and unique, and it is desired that they be permanently available to the military service through the appointment and retention of these officers as Regular members of the Air Force.

There is no existing provisions of law under which the appointment of General Carroll and Colonel Balchen as permanent colonels in the Regular Air Force can be effected. The requirement accordingly exists for the accomplishment of this purpose by special legislation.

There are attached as enclosures 2 and 3 biographical statements and justifications relating, respectively, to General Carroll and Colonel Balchen.

The fiscal effects of this proposal, in the event of its enactment into law, will be limited to the continued active-duty compensation and subsequent retirement pay of each of the officers concerned.

The Bureau of the Budget has advised that there is no objection to the presentation of this proposal and the report thereon.

Sincerely,

W. STUART SYMINGTON.

S. 2395

Senator BYRD. We will take up S. 2395, a bill to provide for payments of amounts due mentally incompetent personnel of the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and the Public Health Service.

(S. 2395 is as follows:)

[S. 2395, 81st Cong., 1st sess.]

A BILL To provide for payment of amounts due mentally incompetent personnel of the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term "member of the uniformed services" as used in this Act means any person on the active or retired list of the Army, Navy, Marine Corps, Air Force, Coast Guard, Coast and Geodetic Survey, or Public Health Service, including transferred members of the Fleet Reserve and of the Fleet Marine Corps Reserve, and members of the Reserve components of the respective services entitled to Federal pay either on the active or any retired list of said services.

SEC. 2. Any active duty pay and allowances, or any amounts due for accumulated or accrued leave, or any retired or retainer pay, otherwise payable to any member of the uniformed services who, in the opinion of competent medical authority, is mentally incapable of managing his own affairs, is authorized to be paid, for the use and benefit of such incompetent member, to such person or persons who may be designated by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of the Treasury, the Secretary of Commerce, the Federal Security Administrator, or such other officer or officers as the respective Secretaries or Administrator may designate for such purposes, without the necessity for appointment in judicial proceedings of a committee, guardian, or other legal representative, and any payments to the person or persons so appointed as provided herein shall constitute a complete_discharge of the obligation of the United States as to the amounts so paid: Provided, That no person serving in a legal, medical or fiduciary capacity, or in any other capacity, shall demand or accept any fee, commission, or charge for any services rendered under the authority of, or in connection with, the provisions of this Act: Provided further, That the provisions of this section shall not apply where a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to any payments made hereunder prior to the receipt in the paying agency of the department or agency concerned of notice of such appointment.

SEC. 3. The Secretary of the Department concerned and the Federal Security Administrator shall prescribe such regulations as may be necessary to carry out effectively the provisions of this Act, and all determinations, except as to the amounts due, made by the respective Secretaries or by the Federal Security Administrator, or by their duly designated subordinates pursuant to this Act, shall be final and conclusive and not subject to review by any court or Government official.

Mr. CHAMBERS. Mr. Chairman, this bill was introduced at the request of the Department of Defense, and the Navy has a primary responsibility for its handling.

Under existing law in the case of mentally incompetent persons there is no way payment can be made to such personnel until the court has appointed guardians, committees, or other proper representatives to receive those funds and use them for the benefit of mentally incompetent persons.

This bill is aimed at doing three things: To permit a more expeditious payment or settlement of these claims; it is to reduce the expense which frequently arises through court actions and appointment of representatives; and, third, it is to reduce a little bit of the embarrassment that frequently comes on the families of these persons of going into court and having such representatives appointed.

« ПредыдущаяПродолжить »