OFFICIAL ROUTING SLIP

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000500230003-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Document Release Date: August 30, 2005
• Sequence Number: 3
• Publication Date: March 3, 1971
• Content Type: FORM

Approved For Release OQ ~11/~1 t Clq-RD 17 B01?296130g050p230OQ
LRHouston
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
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The Director
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6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
C{3MM-ENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks: Dick: Attached is some information which
might be helpful in persuading those involved that
legislation is not needed for Bob Cushman's
promotion. I am not optimistic, however, as
the Department of Defense is pretty well dug in.
Maybe a little work with the staff on the Hill
from Jack's office could help. If legislation
is needed, I think it should be something in the
Department of Defense statute, as I would be
reluctant to see our section of the National
Security Act come up for any ongressional
action at this time.
Use previous editions
FORM NO. 237
1-67 L /
general ~vuiia c .
UNCLASSIFIED CONFIDENTIAL SECRET
25X1
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 Approved For Release 2005/11/21 CIA-RDP73B00296R000500230003-9
OGC 71-0323
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Generals of the Marine Corps
1. This memorandum is for your information.
2. Officers of full General rank in the Army, Navy, or
the Air Force are limited by number as a percentage of other
officers prescribed for under various circumstances. Con-
sequently, we had language put in the National Security Act
that the rank or grade of any commissioned officer during the
time he occupies the office of Director of Central Intelligence
or Deputy Director of Central Intelligence shall be in addition
to.the numbers and percentages otherwise authorized and
appropriated to the armed service of which he is a member.
Under this provision we had no problem with General Cabell's
promotion to four star rank while he was DDCI.
3. The Marine Corps limits to two the number of
officers in the grade of Lieutenant General, except in time
of war or national emergency, and in those circumstances
puts on a further number limitation by percentage. However,
the Commandant of the Marine Corps, while so serving, has
by law the rank of General. The Assistant Commandant,
while so serving, has the grade of General at the discretion
of the President, by and with the advice and consent of the
Senate. It is further provided that an officer of the Marine
Corps assigned as Chief of Staff to the President shall be
appointed by the President, by and with the advice and consent
of the Senate, to the grade of General. There are, therefore,
three General officer positions provided for in the Marine
Corps and no specific limitation by number.
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 Approved For Release 2005/11/21: CIA-RDP73B00296R000500230003-9
4. A good case can be made that there is no prohibition
for promotion of the DDCI to General rank in the Marine Corps.
Furthermore, as DDCI he is subject to no supervision, control,
restriction, or prohibition, military or otherwise, other than
would be operative if he were a civilian in no way connected with
the service. Simultaneously, he does not have any supervision,
control, powers, or functions with respect to the armed services.
The law states that his appointment as DDCI shall in no way affect
any status, office, rank, or grade he may occupy in the armed
services, or any emolument relating thereto, and that he shall
continue to hold rank and grade "not lower" than that in which
serving at the time of his appointment. He is to receive the
military pay and allowances for an officer of his grade and length
of service, but it should be noted that the department concerned
will be reimbursed by. CIA. In addition, CIA will pay him any
differences between his military pay and allowances and the
salary established for the DDCI.
5. It would seem a good argument could be made on the
basis of the foregoing that the President could appoint the DDCI
to four star rank. Certainly, there seems to be no statutory
prohibition, although admittedly there is no specific statutory
authorization. At this moment, however, the Department of
Defense still believes that legislation is required.
cc: DDCI
Executive Director
OLC
LAWRENCE R. HOUSTON
General Counsel
STAT
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 Approved For Release 2005/11/21: CIA-RDP73B00296R000500230003-9
STATUTORY CITATIONS
Marine Corps Commandant - 10 U. S. C. A. 5201
Assistant Commandant - 10 U. S. C. A. 5202
Marine Corps Generals and Lieutenant Generals -
10 U. S. C. A. 5232
Commissioned Officer as Deputy Director of
Central Intelligence - section 102(b) of the
National Security Act of 1947, as amended
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 Appr
U C ASSI
ApprOFORM NO. 237 Use previous editions
1-67 J
As
~)JCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
OLC
2
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks : f f
,amt d+ V
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE