Mr. PICKETT. There would be no authority to call back to active duty a man who did not voluntarily want to come back.

Lieutenant Colonel FLEPS. No, sir.

Mr. PICKETT. Then there is that principal distinction to be made, if I understand it.

Mr. BURRUS. That is correct.

Mr. PICKETT. As long as we are dealing with strict volunteers, can you see any objection to this procedure here? Have any objections been raised to your knowledge?

Lieutenant Colonel FLEPS. No, sir.

Mr. FORRESTER. What is your next item that you have witnesses for?

Mr. BURRUS. The next item is the one that Mr. Pickett just raised. That is on page 25 at the bottom of the page, section 1 (c) in the bill, and Colonel Mitchell is here to testify on that.

That has to do with the continuation of appointments of warrant officers and of Reserve component officers of the Army and Air Force. Existing statutory provisions do authorize the President in time of war or national emergency to make the appointments, but under those provisions the appointees cannot hold their position beyond 6 months after the termination of the war or the emergency which constituted the basis of the appointment.

This section 1 (c) would remove this limitation by authorizing the President to continue these appointments in effect until 6 months after the end of the 1950 emergency, as contrasted with the emergency in which they were appointed, which in many cases is the 1939 or 1941 emergency, which will be terminated when peace is declared.

Mr. FORRESTER. Gentlemen, it appears now at this morning session that we will adjourn over at 11:30 and we will meet back here at 2 o'clock, it appearing that there is a strong possibility that we will be able to have a quorum. It looks so optimistic until I think I might be authorized to ask you gentlemen to return at 2 o'clock with your witnesses.

What is the next item that you are ready to proceed with witnesses on?

Mr. BURRUS. That is 1 (c) at the bottom of page 25; Colonel Mitchell is ready to testify.

Item 1 (c) Title 10

Section 358. Period of service; right to discharge on termination of war. Appointment in every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination: Provided, That an officer of the Officers' Reserve Corps shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Any officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the President. Nothing in this chapter shall operate to deprive an officer of the reserve appointment he held on June 15, 1933: Provided, That this shall not apply to the discretionary-discharge power of the President previously mentioned. As amended June 15, 1933, c. 87, section 3, 48 Stat. 154.

Title 10

Section 506d. Army officers-appointment to temporary grades.

APPOINTMENT OF QUALIFIED PERSONS AS TEMPORARY OFFICERS

(e) In time of emergency declared by the President, or by the Congress, and in time of war, the President is authorized to appoint qualified persons (including persons who hold no Regular Army or Reserve status) as temporary officers

in the Army of the United States in any of the several commissioned officer grades, and persons so appointed may be ordered into the active military service of the United States to serve therein for such periods of time as the President may prescribe. The appointment of a temporary officer, if not sooner vacated, shall continue during the emergency or war in which the appointment was made and for six months thereafter.

Section 513. Temporary rank in time of war.

In time of war or national emergency determined by the President any officer of the Regular Army may be appointed to higher temporary grade without vacating his permanent appointment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appointed, as officers, shall be appointed and commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. As amended June 15, 1933, c. 87, section 20, 48 Stat. 161; Sep. 9, 1940, 9 a. m., e. s. t., c. 717, Title I, section 101, 54 Stat. 875.,

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Title 10

Section 591a. Temporary appointments; number authorized, rights and status. In time of war or during the period of any national emergency declared by Congress or proclaimed by the President, the Secretary of the Army is authorized, under such regulations as he shall prescribe, to make temporary appointments in the grades of chief warrant officer and warrant officer (junior grade). Such temporary appointments shall be in the Army of the United States, shall not exceed a number equal to one-half of 1 per centum of the enlisted strength of the Army of the United States in active military service, and shall remain in effect at the pleasure of the Secretary of the Army, but in no case shall they continue beyond six months after the termination of the war or period of national emergency. Persons appointed in the Army of the United States as temporary chief warrant officers or as temporary warrant officers (junior grade), while in active Federal service, shall, while so serving, be entitled to the rank, pay, and allowances of the grades to which they are temporarily appointed, and shall be entitled to count such service as warrant or enlisted service for all purposes: Provided, That the Secretary of the Army is authorized to designate by name a number of permanent or temporary chief warrant officers (not exceeding 1 per centum of the maximum authorized number of permanent and temporary warrant officers) to receive the base pay and allowances provided by existing law for officers in the fourth pay period, and to designate by name an additional number of permanent or temporary chief warrant officers (not exceeding 2 per centum of the maximum authorized number of temporary and permanent warrant officers) to receive the base pay and allowances provided by existing law for officers in the third pay period, but no chief warrant officer so designated shall receive such base pay and allowances except during the period prescribed by the Secretary of the Army. Such temporary appointees shall be entitled to the benefits of all existing laws and regulations governing retirement, pensions, and disability as are applicable to members of the Army of the United States when called or ordered into the active military service by the Federal Government under existing statutory authorizations. All persons temporarily appointed as chief warrant officers or as warrant officers (junior grade) in the Army of the United States under the authority of this section, shall, as long as they continue to hold such appointments, be available for assignment to active duty with any unit of the Army of the United States. Persons temporarily appointed as chief warrant officers or as warrant officers (junior grade), in the Army of the United States under the authority of this section who, at the time of their respective temporary appointments have a military status in the Army of the United States or any component thereof may accept such temporary appointments without prejudice

to the military status which they so held and upon termination of such temporary appointments such persons may revert to the grades which they held at the time of their temporary appointments. Aug. 21, 1941, c. 384, section 3, 55 Stat. 652, amended July 26, 1947, c. 343, Title II, section 205 (a), 61 Stat. 501. *

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Title 32

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Section 19. Period of service by officer in National Guard of United States commissioned as Reserve officer.

Officers in the National Guard of the United States shall be appointed for the period during which they are federally recognized in the same grade and branch in the National Guard: Provided, That an appointment in force at the outbreak of war shall continue in force until 6 months after its termination: And provided further, That such officer shall be entitled to be relieved from active Federal service within 6 months after its termination if he makes application therefor. (June 3, 1916, c. 134, sec. 38, 39 Stat. 190, as amended June 15, 1933, c. 87, sec. 4, 48 Stat. 155.)

FURTHER STATEMENT OF COL. CLAIR B. MITCHELL, DEPARTMENT OF THE ARMY

Colonel MITCHELL. If 1 (c) is enacted into law in its present form, it will authorize the President, notwithstanding other provisions of law, to continue in effect for the duration of the emergency declared by him on the 16th of December 1950, plus 6 months, the appointments of officers or warrant officers of the Army and Air Force made under the provisions of sections 37, 38, 127-A of the National Defense Act, of section 515 (e) of the Officer Personnel Act of 1947; and of section 3, which applies to warrant officers, of the act of August 21, 1941.

Otherwise these appointments would terminate no later than 6 months after the legal termination of the war with Japan. If these commissions are not continued in force, not only the active duty Army but the Officer Reserve Corps, would stand to lose large numbers of officers because there is no way to compel these officers to retain their commissions.

These commissions would have to be renewed voluntarily. How many officers would be lost would be open to conjecture. But the Army would stand to lose a very substantial number. It would pose a most serious officer replacement problem at a critical time, both for the Army and for the Air Force.

For that reason the Department of the Army in behalf of the Department of Defense favors the enactment of this section of the proposed legislation.

Mr. FORRESTER. Does that complete your statement?

Colonel MITCHELL. Yes, sir.

Mr. FORRESTER. Is there anything you desire to add to that statement?

Colonel MITCHELL. No, sir.

Mr. FORRESTER. Any questions, Mr. Boggs?

Mr. BOGGS. Just to get this completely in my mind, I would like, if you will pardon me, to refer to my own personal situation so I can more thoroughly understand it.

When I was separated from the service in January of 1946, I received a Reserve commission; and that Reserve commission will expire automatically at the end of 5 years if we are at peace; or 6 months after the declaration of peace. I would have to apply voluntarily for renewal of that Reserve commission, which I might not do and which

a lot of other Reserve officers might not do, unless this authority was extended; and by Executive order I could be continued on Reserve status for how long a period?

Colonel MITCHELL. For the duration of the war, plus 6 months.

Mr. BOGGS. Otherwise, 6 months, for example, after May 1-assuming that the peace proclamation with Japan is declared on May 1. Six months after that my Reserve commission will lapse, and I would have to apply and a new Reserve commission would have to be issued. I would probably have to go before a new board, having a new physical examination and so forth and so on to be retained on a Reserve officer status in the Army. Is that correct?

Colonel MITCHELL. Yes, sir, that is substantially correct. That is the essentials there. The details of how to execute your new Reserve commission, of course, is a matter of administrative handling.

Mr. BOGGS. In general this is just blanket authority to keep the reserves on a status quo basis during this emergency period.

Colonel MITCHELL. Yes, sir, because just as you have said, a Reserve commission expires 5 years after it is issued unless it is renewed; and of course if an officer does not voluntarily renew, then he is no longer a Reserve officer. We have very substantial numbers of officers in that category on active duty, and many more off active duty.

However, Reserve commissions in effect at the beginning of a war continue in effect during the war, plus 6 months. As you said, if the war should end officially at May 1, then 6 months later there is no Reserve commission.

Mr. BOGGS. Should this authority continue under the present emergency, it would relieve a great administrative problem, too, for the thousands of Reserve officers.

Colonel MITCHELL. That is true, yes, sir. The administrative burden would be considerable.

Mr. PICKETT. Colonel, I can conceive that we are dealing here with the extension of the Reserve status of not only people who are not now on active duty, but a good many who are on active duty involuntarily. Is that correct?

Colonel MITCHELL. Who are on active duty voluntarily?

Mr. PICKETT. Involuntarily.

Colonel MITCHELL. Yes, sir.

Mr. PICKETT. I think I know we had a good many Reserve officers whose tenure in the Reserves was limited to 5 years and who became Reserve officers previous to the declaration of the emergency in 1939. I do not know whether that declaration at that time changed the status of those reservists or not, but certainly when we declared war their status was changed to the extent that they could not be relieved of their Reserve obligation at the expiration of 5 years, but could only be relieved of it upon the happening of two events: One, the expiration of 5 years, plus the termination of the war; and 6 months thereafter. Is that not the effect of it?

Colonel MITCHELL. Yes, sir. Any Reserve officer who has served his 5 years and assuming that he started out as a Reserve officer during the war, then if he has completed the 5 years, 6 months after the termination of the war his Reserve commission lapses.

. Mr. PICKETT. Then we have had already the extension of the Reserve tenure of some men who might not voluntarily have wanted to extend it. Is that not correct?

Colonel MITCHELL. Since we have not queried the officers, Mr. Congressman, we do not know. However, that assumption is rather a fair assumption to make, yes, sir.

Mr. PICKETT. I would presume that in at least some instances it would comport with the facts. The effect of the extension of this statute here, then, would continue to suspend the peacetime regulation and would be a second extension of their Reserve obligation, would it not?

Colonel MITCHELL. Well, it depends on how you want to look at it, sir. You might look at it that the 5-year period was suspended by operation of the war, and we just want to continue that suspension. Mr. PICKETT. Anyhow, when the state of war began, it just automatically under the law extended their 5-year obligation to a period of the duration of the war, plus 6 months.

Colonel MITCHELL. Yes, sir, if their 5-year period ran out.

Mr. PICKETT. Not many Reserve officers, I would assume, objected to that because a state of war did exist. Now, a good many of those Reserve officers have had their obligations in existence for as long as 10 years, I would assume, or approximately that time.

Colonel MITCHELL. Some, yes, sir. The war was declared in 1941, Pearl Harbor Day. In 1946-47 thousands of Reserve commissions were issued.

Mr. PICKETT. I could conceive that a good many of these Reserve officers who continued in that status after release from active duty, following the termination of actual hostilities of World War II, anticipated their obligation would extend for 5 years only, without any full knowledge that it would be actually extended for the duration of the war, plus a 6-months' period. I do not know of any, but I could conceive that some of them would think that.

To extend this act now would be in effect to extend their Reserve obligation for an indefinite period; would it not?

Colonel MITCHELL. It would serve to extend their Reserve obligation for the duration of the current emergency, plus 6 months, sir. Mr. PICKETT. It would be an indefinite extension.

Colonel MITCHELL. Indefinite in the view of we do not know when the current emergency might end, sir. I have no information on when that might be.

Mr. PICKETT. I can conceive that there would be a lot of them that would not like that, even some of them on active duty who might not like it. I am just wondering what kind of box the Armed Forces are going to be in if the Congress so deals with these gentlemen that it just makes them liable for a continued period of active duty?

Colonel MITCHELL. Sir, we have estimated that 80 percent of the Reserve officers of the Army and around 90 percent of the Air Force would have Reserve commissions expire if this act were not passed within the reasonably near future and World War II formally ends. It would be very serious indeed.

A great many officers on active duty are in that category, sir. The impact on the active duty Army would be very serious.

Mr. PICKETT. How many of that 80 percent and how many of that 90 percent want to get out?

Colonel MITCHELL. I do not know how many of them want to get out. However, I presume considerable numbers.