Senator SMITH. Is there another meeting scheduled of the full committee? Mr. DARDEN. Yes. Senator SMITH. When is the meeting scheduled? Mr. DARDEN. Thursday. Senator JACKSON. There is a possibility we might get the committee to approve it but I think we would be less than honest-even if it would get through the Senate, that the House would be able to consider it in time. Senator SMITH. There is not a bill similar to this in the House; is there? Dr. KNOWLTON. Representative Charles Nelson has presented a bill, and we have written Representative James Devereux in regard to it. Senator JACKSON. Has the bill passed the House? Dr. KNOWLTON. I don't have any information on that, sir. The bill has been written and I have a copy of it. Senator JACKSON. Introduced? Dr. KNOWLTON. I don't know whether it has been introduced or not, sir. Senator JACKSON. Have you testified over there, Doctor? Dr. KNOWLTON. No, sir. Senator SMITH. Do you know, Commander? Commander SAVAGE. No, ma'am. We have not been asked to testify on any bill over there. Senator SMITH. I thought if there had been a bill over there there would be a chance if that had passed. Senator JACKSON. Yes. Normally the House committees act first and then it gets over to us. That is the usual procedure. However, we will take that up after we finish the testimony on the other bill. We certainly want to thank you, Doctor, for your testimony, and you, Commander, for your presentation. S. 2086 Seantor JACKSON. The next bill is S. 2086, the title of which I will read into the record: To provide for the promotion of certain persons who participated in the defense of the Philippines and who did not receive promotions after having been held as prisoners of war. The Department of the Army on behalf of the Department of Defense recommends against the enactment of this bill. Without objection, a copy of the bill and a copy of the letter from the Secretary of the Army, dated October 21, 1955, commenting on the bill, will be printed in the record at this point. (S. 2086 is as follows:) [S. 2086, 84th Cong., 1st sess.] A BILL To provide for the promotion of certain persons who participated in the defense of the Philippines and who did not receive promotions after having been held as prisoners of war Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Defense is authorized and directed to appoint a board of officers, two-thirds of whom shall be selected from among officers of general or flag rank who participated in the defense of the Philippines and were present in the Philippine Islands during the period December 7, 1941, to May 7, 1942, to consider, act upon, and recommend to the Senate for promotion any commissioned officer, warrant officer, petty officer, or master sergeant who, while in the active military or naval service, (a) participated in the defense of the Philippines during the period December 7, 1941, to May 7, 1942, (b) was taken a prisoner of war while so serving, and (c) did not receive a promotion subsequent to his being taken a prisoner of war, and who(1) served, under competent orders, in a position, as established by approved War Department Tables of Organization, above his rank and grade at the time, or (2) received a commendation or award for the performance of duty in a combat zone by authorities authorized to give such a commendation or award in the orders from the department under whose jurisdiction such duty was performed, or (3) received recommendation for promotion by competent authority made to a headquarters competent to act upon such recommendation and on which no action was taken. Such recommendation to be considered shall be that made prior to or subsequent to the passage of this Act and where no superior exists who can make such subsequent recommendation, the Board shall consider known services performed between December 7, 1941, and date of capture. SEC. 2. Any promotion made by virtue of the authority contained in this Act shall date from May 7, 1942, and any member so promoted shall be entitled to the increase of the pay and allowances of the rank to which promoted from the date of acceptance of such promotion. SEC. 3. Any promotion authorized by this Act shall not take effect with respect to any person on active duty on the date of its enactment until the day following the date of retirement or relief from active duty of such person. SEC. 4. Nothing in this Act shall be construed to decrease the retired pay of those affected by this Act, heretofore or hereafter placed on any retired list, and any member, in a retired status, affected by this Act, if placed on active duty, shall be returned to the retired list in a grade not lower than the one held on the retired list at the time of call to active duty. SEC. 5. Any member affected by this Act who died prior to its enactment or prior to appointment pursuant to its authority may be appointed posthumously and the widow or other beneficiary of any such individual shall be entitled to the benefits of any increased rank. SEC. 6. The board of officers appointed hereunder shall render its final report not later than six months following the date of its first meeting. (The letter referred to is as follows:) Hon. RICHARD B. RUSSELL, Chairman, Committee on Armed Services, United States Senate. OCTOBER 21, 1955. DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to S. 2086, 84th Congress, a bill, to provide for the promotion of certain persons who participated in the defense of the Philippines and who did not receive promotions after having been held as prisoners of war. The Secretary of Defense has delegated to the Department of the Army the responsibility for expressing the views of the Department of Defense thereon. The proposed legislation would direct the Secretary of Defense to appoint a board of officers to consider and recommend for promotion any commissioned officer, warrant officer, petty officer, or master sergeant who participated in the defense of the Philipines during the period of December 7, 1941, to May 7, 1942, who was taken a prisoner of war, and did not receive a promotion subsequent to being taken a prisoner of war, if such personnel fulfill one of the conditions: (1) Served in a position above his rank or grade at the time; or (2) received a commedation or award in a combat zone; or (3) received a recommendation for promotion on which no action was taken. Individuals would rank from May 7, 1942, and would receive the pay and allowances of the increased grade from the date of acceptance of such promotion. However, the individual would not be allowed the increased rank until the day following the day of retirement or relief from active duty. Essentially, this bill would provide for the advancement of generals, colonels, master sergeants, and chief warrant officers, and personnel of equivalent ranks, who were excluded from the Joint Army-Navy policy of a one-grade advance ment following their release from a prisoner of war status during World War II. The one grade promotions authorized to personnel of the lower grades under the joint Army-Navy policy were for the purpose of equalizing promotional opportunities of prisoners of war and personnel who were not prisoners. Rapid expansion of the Armed Forces during World War II resulted in large numbers of personnel who were not prisoners of war receiving 1 or 2 promotions and it could be assumed that had the prisoners of war in those grades not been incarcerated they would, in almost all cases, have been promoted along with their contemporaries. The joint Army-Navy policy on one grade promotions was designed to alleviate this apparent discrimination against the prisoners of war and at the same time insure, insofar as possible, that prisoners of war were not unduly favored over other personnel who served throughout the war without opportunity for advancement. The justifications for the one-grade advancement of personnel in the lower grades are not considered to be applicable to persons in the grades covered by S. 2086. Promotions to and within general officer grades, from master sergeant to warrant officer, W-1, and from chief warrant officer to commissioned officer grades, during World War II were the result of highly competitive selections. This policy was followed in all the services with respect to personnel in these and equivalent grades. For this reason, such grades were excepted from the one-grade promotion policy for prisoners of war. It is considered that the enactment of this legislation would create inequities for other military personnel who were not prisoners of war during World War II or during the Korean hostilities. Many such individuals served in positions higher than their rank, received commendations and awards and were recommended for promotion but were not promoted. Specifically, the promotion to and within general officer has been habitually made at departmental level by selecting only the best qualified worldwide rather than selecting individuals of a specific group or geographical location. While it is recognized that some former prisoners of war might have been selected for promotion to these grades had they not been prisoners, it is most reasonable to assume that others would not have been selected. The selection of general officers has not been solely based on whether or not an individual served in a higher position, received an award, or received a recommendation for promotion, but rather an examination of his entire record to ascertain if he has, over the past, clearly demonstrated his potential to serve in the higher grade when compared with all other officers. It is felt that the proposed legislation would afford preferential treatment to former prisoners of war who participated in the defense of the Philippines over other military personnel. For the reasons outlined above, the Department of the Army, on behalf of the Department of Defense recommends against the enactment of S. 2086. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, (Signed) WILBER M. BRUCKER, Senator JACKSON. The witness on behalf of the Department of Defense is Col. John N. Davis from the Office of the Deputy Chief of Staff for Personnel, Department of the Army. The other witness will be Brig. Gen. C. C. Drake, United States Army, retired. Will both of you gentlemen and anyone that you have with you come right on up? All right, Colonel, I see you have a statement. It is not very long. I think possibly it would be best to read it into the record, if you will. STATEMENT OF COL. JOHN N. DAVIS, OFFICE OF THE DEPUTY CHIEF OF STAFF FOR PERSONNEL, DEPARTMENT OF THE ARMY; ACCOMPANIED BY LT. COL. NORMAN LOCKSLEY, GS, UNITED STATES ARMY, OFFICE OF DEPUTY CHIEF OF STAFF FOR PERSONNEL, UNITED STATES ARMY; LT. COL. JOHN D. COFFEY, UNITED STATES AIR FORCE, CHIEF, PROMOTION POLICY BRANCH, DIRECTORATE OF PERSONNEL PLANNING, HEADQUARTERS, UNITED STATE AIR FORCE; AND COMDR. LOWELL C. SAVAGE, HEAD, RESERVE OFFICERS PROMOTIONS BRANCH, BUREAU OF NAVAL PERSONNEL Colonel DAVIS. Mr. Chairman, I am Col. John N. Davis of the Office of the Deputy Chief of Staff for Personnel, Department of the Army. I represent the Department of Defense for this legislation. Commander Savage of the Department of the Navy and Lieutenant Colonel Coffey of the Department of the Air Force are present as witnesses for their services. The Department of the Army previously reported to this committee in opposition to the enactment of S. 2086. The report was concurred in by the Department of the Navy, the Department of the Air Force, and the Department of Defense. The proposed legislation would direct the Secretary of Defense to appoint a board of officers to consider and recommend for promotion any commissioned officer, warrant officer, petty officer, or master sergeant who participated in the defense of the Philippines during the period of December 7, 1941, to May 7, 1942, who was taken a prisoner of war, and did not receive a promotion after being made a prisoner of war, if such personnel fulfill one of the conditions: (1) served in a position above his grade or rank at the time; or (2) received a commendation or award in a combat zone; or (3) received a recommendation for promotion on which no action was taken. Individuals would rank from May 7, 1942, and would receive the pay and allowances of the increased grade from the date of acceptance of such promotion. However, the individual would not be allowed. the increased rank until the day following the day of retirement of relief from active duty. It is considered that the enactment of this legislation would create inequities for those who were not prisoners of war during World War II or during the Korean hostilities. Many such individuals served in positions higher than their rank, received commendations and awards, and were recommended for promotion but were not promoted. Specifically, promotions to an within general officer grade have been habitually made at departmental level by selecting only the best qualified worldwide rather than selecting those from a specific group or geographical location. The selection of general officers has not solely been based on whether or not an individual served in a higher position, received an award, or received a recommendation for promotion, but rather an examination of his entire record to ascertain if he has, over the past, clearly demonstrated his potential to serve in the higher grade when compared with all other officers. It is felt that the proposed legislation would afford preferential treatment to former prisoners of war who participated in the defense of the Philippines over other military personnel. For these reasons, the Department of the Army, on behalf of the Department of Defense, recommends against enactment of S. 2086. I appreciate the opportunity to appear before this subcommittee. We will be pleased to endeavor to answer any questions you may wish to ask. Senator JACKSON. Colonel, I understand that as far as the pay and allowances are concerned, that that provision might be deleted. These gentlemen are more interested in their rank that they felt they should have held during this period than any remunerative compensation that they might obtain. That would make some difference; would it not? Colonel DAVIS. No, sir; it would make no difference in our position. Senator JACKSON. In this bill it is provided that a board be appointed. This does not involve statutory promotion but it vests discretion in the board. Don't you think that is a fair approach to this matter? I understand-General Drake will testify in a moment, but there are general officers who are still living who are familiar with the records of the officers who served during this critical period in the fall of the Philippines, including the men who paticipated in the death march, and I understand, of course, a number of them we all know passed away, General Wainwright, General Moore, and General Sharpe have all passed away, all generals. But Gen. E. B. King, who was commander of all of the Bataan forces, Gen. A. M. Jones, who was commander of the First Corps, and Gen. George Parker, who was commander of the Second Corps, are still alive and I believe in a retired status. If men of that caliber were included on a board, would not that be a pretty fair approach to deal with this problem? Colonel DAVIS. Sir, it is not that we object to the selection board or the procedure. We object to the idea that they are singling out a specific group of individuals which we feel would create inequities for other individuals not so positioned. Senator JACKSON. But did we have in World War II a situation comparable to that which occurred in the Philippines where we lost all of our Armed Forces? Colonel DAVIS. We did not. Senator JACKSON. So that it is a unique situation; is it not? Senator JACKSON. There is nothing comparable to that. We may have had a battalion surrounded. What was the largest unit that we lost in World War II outside of the Philippines, as a unit, a battalion? We certainly did not lose a whole regiment any place other than those killed in combat. I mean taken prisoners. Colonel DAVIS. No, sir, not taken prisoners. I suppose at the Bulge, there were large units. Senator JACKSON. And it was for a very brief period? Colonel DAVIS. Yes, sir. Senator JACKSON. But the Philippines represents a unique experience on our part where we lost all of our Armed Forces. 85500-57 -3 |