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Clarey, Rear Adm. Bernard A., USN, Director for Military Personnel,

Office of Assistant Secretary of Defense (Manpower)-
Houser, Rear Adm. Harold A., USN, retired, legislative counsel of the

Retired Officers Association -
Hysmith, Logan E., Personal Affairs Officer in the Directorate of

Military Personnel, Headquarters, USAF-
Jackson, Rear Adm. Alexander, acting executive director of the

Reserve Officers Association of the United States.--

Myers, Robert J., Chief Actuary of the Social Security Administration

and a member of the Board of Actuaries of the Uniformed Services

Contingency Option Act--

ITT

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MISCELLANEOUS BILLS

THURSDAY, JULY 13, 1961

U.S. SENATE,
COMMITTEE OF ARMED SERVICES,

Washington, D.C. The committee met, pursuant to notice, at 10 a.m., in room 212, Senate Office Building.

Present: Senators Russell (presiding), Byrd of Virginia, Stennis, Symington, Jackson, Ervin, Thurmond, Engle, Bartlett, Cannon, Byrd of West Virginia, Saltonstall, Bridges, Smith of Maine, Case of S. Dak., Bush, and Beall.

Also present: Harry L. Wingate, Jr., chief clerk; Herbert S. Atkinson, assistant chief clerk; William H. Darden, T. Edward Braswell, and Gordon A. Nease of the committee staff.

H.R. 4328

Chairman RUSSELL. The first bill on our agenda to be considered this morning is H.R. 4328, a legislative proposal of the Department of Defense that proposes to eliminate the supply-duty-only officer category in the Marine Corps.

The Department witness on this bill is the Commandant of the Marine Corps, Gen. David M. Shoup.

(The bill referred to is as follows:)

[H.R. 4328, 87th Cong., 1st sess.] AN ACT To reassign officers designated for supply duty as officers not restricted in the

performance of duty in the Marine Corps

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That officers on the active list of the Marine Corps designated for supply duty, except the officer serving as Quartermaster General on the date of enactment of this Act, are hereby reassigned as officers not restricted in the performance of duty. All provisions of law relating to officers on the active list of the Marine Corps not restricted in the performance of duty apply to officers reassigned by this Act, except as otherwise specifically provided herein.

SEC. 2. The numbers of officers authorized to serve in grades above captain in the Marine Corps as set forth in the table in subsection (a) of section 5443 of title 10, United States Code, are readjusted to the extent necessary to include the numbers of officers authorized for those grades by subsections (g) and (h) of that section as those subsections read before the enactment of this Act.

SEC. 3. (a) Each officer serving in the grade of brigadier general or colonel who is reassigned as an officer not restricted in the performance of duty by this Act, and who is senior to the senior officer in the first promotion zone established for his grade after the enactment of this Act, shall be considered for all purposes to be in that promotion zone.

(b) Within the number of officers not restricted in the performance of duty that may be recommended for promotion to a grade below brigadier general,

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as determined under section 5756 of title 10, United States Code, the Secretary of the Navy shall allocate a portion thereof for officers on the active list of the Marine Corps who were formerly designated for supply duty and who were reassigned as officers not restricted in the performance of duty by this Act. The portion allocated shall afford at least the same opportunity for promotion to such officers as is afforded other officers not restricted in the performance of duty. These provisions apply only when there is an eligible officer in the promotion zone. For the purpose of the above provisions, "eligible officer” means an officer who is serving in a grade below colonel, who has been reassigned as an officer not restricted in the performance of duty by this Act, and who has not previously been in a promotion zone established for any grade after the enactment of this Act. Reassigned officers in a zone of consideration established for the grade of major shall also be allocated a portion of the number of officers who may be recommended for promotion from within that zone, so as to afford them at least the same promotion opportunity as is afforded other officers not restricted in the performance of duty.

SEC. 4. This Act does not terminate or reduce the four-year term of the officer who is serving as Quartermaster General of the Marine Corps on the date of enactment of this Act or deprive him of the rank, pay, allowances, or retirement privileges to which he became entitled under sections 5204 and 5205 of title 10, United States Code. However, he shall be counted as a major general for the purposes of sections 5443 and 5448 of that title, as amended by this Act. His date of rank as a major general is July 1, 1954. When he ceases to serve as Quartermaster General, he shall be reassigned as an officer not restricted in the performance of duty and he may be reappointed by the President alone to the permanent grade of major general to rank from July 1, 1954.

SEC. 5. Subtitle C of title 10, United States Code, is amended as follows:

(1) Section 5001 (a) (8) is amended by striking out the words “supply duty or”.

(2) Section 5204 is amended to read as follows: "S 5204. Quartermaster General: detail

"The Quartermaster General of the Marine Corps shall be detailed by the Commandant from officers of the Marine Corps on active duty."

(3) Section 5205 is repealed.

(4) The analysis of chapter 515 is amended by striking out the following items: "5204. Quartermaster General : appointment; term, pay and allowances. "5205. Heads of Staff Departments : retirement.” and inserting the following item in place thereof : "5204. Quartermaster General : detail.”

(5) Section 5409 (c) is amended by striking out the words ", excluding officers designated for supply duty," (6) Section 5443 is amended

(A) by striking out the words “, excluding officers carried as additional numbers in grade," wherever they occur in subsections (a), (b), (c), and (f); and

(B) by striking out subsections (g) and (h) and redesignating subsections (i) and (j) as subsections “(g)” and “(h)”. (7) Section 5448 is amended

(A) by striking out the words ", excluding officers carried as additional numbers in grade," wherever they occur in subsections (a), (b), and (c); and

(B) by substituting the number "36" for the number "32" in the last sentence of subsection (a); and

(C) by striking out subsections (f) and (g) and redesignating subsections (h) and (i) as subsections “(f)” and “(g)”. (8) Section 5588 is repealed.

(9) The analysis of chapter 539 is amended by striking out the following item : "5588. Regular Marine Corps : officers designated for supply duty.”

(10) Section 5589(e) (3) is amended by striking out the words “be designated for supply duty or”.

(11) Section 5703 is amended

(A) by striking out clause (1) in subsection (a) and renumbering clauses (2), (3), (4), and (5) as clauses “(1)”, “(2)”, “(3)”, and “(4)”, and

(B) by striking out subsection (a) and redesignating subsections (e) and (f) as subsections“ (d)” and “(e)". (12) Section 5706 is amended

(A) by striking out the words “, the number of officers of the Marine Corps designated for supply duty," in clause (3);

(B) by striking out clause (8) and renumbering clauses (9), (10), (11), and (12) as clauses “(8)”, “(9)”, “(10)” and “(11)”; and

(C) by striking out the words or colonels in the Marine Corps” in clause (9) as so renumbered. (13) Section 5707 is amended

(A) by striking out the words "supply duty or” in subsection (d); and

(B) by inserting the words "supply duty,” before the words "or duty in any technical specialty” in subsection (f). (14) Section 5709 is amended

(A) by amending the catchline to read as follows; "g 5709. Navy and Marine Corps : retention of rear admirals and major generals on the active list”; and

(B) by striking out subsection (c) and redesignating subsection (d) as subsection “(c)”. (15) The analysis of chapter 543 is amended by striking out the following item : “5709. Navy and Marine Corps : retention of rear admirals, major generals, and brigadier

generals on the active list.” and inserting the following item in place thereof. "5709. Navy and Marine Corps : retention of rear admirals and major generals on the

active list." (16) Section 5751 (a) is amended by striking out the words “not restricted in the performance of duty”.

(17) Section 5759 is repealed.

(18) The analysis of chapter 545 is amended by striking out the following item : “5759. Regular Marine Corps;, male officers designated for supply duty : numbers that

may be recommended." (19) Section 5765 is amended

(A) by striking out the words “not restricted in the performance of duty” in subsection (a); and

(B) by striking out subsection (c) and redesignating subsection (d) as subsection “(c)”. (20) Section 5769(b) is amended

(A) by striking out clauses (4) and (6) and renumbering clause (5) as clause “(4)”; and

(B) by striking out the following words in the last sentence: “; and an officer in the grade of captain in the Marine Corps designated for supply duty is not eligible for promotion to the grade of major until there is a vacancy for him among officers of his designation in the combined grades

of colonel, lieutenant colonel, and major”. (21) Section 5775 is amended

(A) by striking out clauses (7) and (8) in subsection (a) and renumbering clauses (9), (10), and (11) as clauses “(7)”, (8)”, and “(9)”; and

(B) by striking out the words “and each male officer of the Marine Corps designated for supply duty” in subsection (b). (22) Section 5776 (b) is amended

(A) by striking out the words “, or a male officer of the Marine Corps restricted in the performance of duty serving in the grade of colonel,” in the first sentence; and

(B) by striking out the words “or brigadier general” in the second sentence. (23) Section 6020 is repealed.

(24) The analysis of chapter 555 is amended by striking out the following item : "6020. Marine Corps officers : detail to duty in Supply Department."

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