Evening star., 1947-04-15

| Letters to The Star
Promotion Of Col. Kilian Held
Required by Law and Facts
TO the Editor Of The star.
I have read your editorial entitled
Sensible Deletion," concerning the de-
1etion of the name Of Lieut.. Col James
| A. Kilian. q. 8. A., from list Of officers
| which the War Department had sub
| mitted for nomination to the permanent
| rank of colonel by the President OF the
United States.
You state in your editorial, He was
| convicted by court-martial. Yet. be-
cause of an abs,Irdity of the present
promotion law, the War Department
had no alternative but to include his
name among those Of other lieutenant
| colonies due for step up in grade.
This anomalous situation arises from
the fact that existing law provides for
automatic promotion Of officers accord
ing to seniority" It is true that the
letter of the Secretary OF War. as quoted
in the Army and Navy Journal, issue of
April S, ls47, implied such situation.
However, his letter did not state the
whole truth
I have been Col. Kilian's defense
counsel during his trial and after his
trial. am familiar with all the facts
In his case. have been for the past
two months presenting his case in his
appeal now being heard in the office OF
the Judge Advocate General War De-
partment, Washington. D. c.. upon
which no decision has been announced.
This, at my. own expense.
Cites Record Of Service.
The fact is that Col. Kilian is en-
titled to the promotion, not only by
virtue of length of service-seniority
but entirely without reference to senior
ity. He is entitled to promotion by
virtue OF his comparative record of
service alone. Any fair and just system
OF promotion by selection" must neces-
sarily be based upon ability and manner
OF performance of assigned duty. This
can only be determined by background
and record of service. Briefly, Col.
Kilians service record is stated below:
A. Length-30 years (World Wars I
and I'D.
B. Efficiency ratings-1 Prior to 1s41,
excellent or better. 2. 1912 to date,
superior.
@. Observation-Disclosures OF Merit, Oc-
tober, 1914 dor organization and opera
ton Of the 10th Replacement Depot,
Lichfield, England.
The administration Of the 10th Re-
placement Depot, over q two-year
period, was described by the commando
ing general, GIRO, on January 1s, 1s45,
when Col. Kilian returned to the United
States, as Outstanding"
The only difficulty, other than this
trial, experienced by Col. Kilian in his
80 years service, was the the attempt
to Board him in Panama in 1884.
This incident has been unfairly used
against him in the press, since such pro-
ceeding was not upheld. It was once,
at least, an American principle that a
man accused was presumably innocent
until legally proved guilty and convicted.
The irony, insofar as persons who know
the facts are concerned, is that War
Department records will show that the
initiation of such proceedings grew out
OF Col. Kilian's defense of an enlisted
man who was being abused by an officer
superior In rank and position to Col.
Kilian and the enlisted man.
Court Records Excluded.
Unquestionable information Is avail
able that records ofscourts- martial were
not included in any Of the biographies
OF the 683 officers originally on the list
from the War Department, and there
1ore, even assuming that the conviction
OF Col. Kilian were legal and justified
by evidence (Which is not the case) and
had finally been so held, 1t is not under
stood why nor how it should affect his
eligibility and legal right to promotion,
when the courts-martial of other officers
on the same list were not considered.
Further assuming that courts-martial
OF all officers on the list had been con-
sidered, the court-martfal which tried
Col. Ktlian, by the Articles of War, had
the authority, commonly used, to reduce
him on the promotion list of the Army.
any number of files it chose, yet, OBJ
serving all witnesses, hearing all evi-
oence and, by its findings removing all
guilty knowledge, actual or constructive.
from Col. Kilian of the occurrence of any
wrongful acts of subordinates, 1t did not
see mt to decree sentence affecting his
right to promotion
No, such deletion of Col. KiIians
name from the promotion list has de-
MED him deserved promotion to which
he Is entitled by law, record of service
rendered his country and performance
OF duty, as well as by seniority. In effect.
1t Is double punishment for the same
alleged offense.
1t disregards existing United States
law, specifically stated in Section "a ca,
National Defense Act al Stat. 77D.
This section provides for establishment
OF the promotion list of the Army and
concludes as follows:
80 other officers on original an
pointment shall be placed at the foot Of
the list. The place of any officer on the
promotion list once established shall not
thereafter be changed, except as the re-
suit OF sentence of a court-martial."
Such action by the President, directly
contrary to the express provisions OF
existing law, removes the dispensation
Of justice within the armed forces out of
the hands Of courts and places
1t upon political basis.
RAYMOND E. FORD,