III. THE CHIEF OF NAVAL OPERATIONS—HIS STAFF AND DUTIES

 

A. THE CHIEF OF NAVAL OPERATIONS

 

Admiral H. R. Stark, USN was Chief of Naval Operations through the period when Admiral Kimmel was Commander‑in‑Chief Pacific Fleet.

 

B. ADMIRAL STARK'S STAFF

 

Admiral Stark's principal advisers during this period, he said, were Admiral R. E. Ingersoll, the Assistant Chief of Naval Operations, Vice Admiral R. K. Turner, head of War Plans.

 

Captain Robert O. Glover was in the plans division of the office of the Chief of Naval Operations and was assigned various planning duties. (p. 171)

 

Rear Admiral R. E. Schuirmann, head of Central Division, Admiral Wilkinson, Director of the Office of Naval Intelligence.

 

From May until October, 1941, Admiral Howard F. Kingman was head of the Domestic Intelligence Branch of ONI, and from October on was Assistant Director of Naval Intelligence. As head of the Domestic Intelligence Branch, he had general supervision of the activities of the several districts' intelligence organizations. (p. 335‑6)

 

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Captain L. F. Safford was in charge of the Communications Security Section of Naval Communications during 1941. (p. 355)

 

the heads of the Divisions of Ship Movements,

 

(3)  During 1941, Admiral Roland Munroe Brainard was Director of the Ship Movements Division, Office of Chief of Naval Operations. (p. 399)

The duties of the Ship Movements Division were summarized by Admiral Brainard as follows:

"The general functions of the Ship Movements Division involved prepara­tion of the publications "Operating Force Plan," "Assignment of Vessels to Fleets and Forces," "Assignment of Vessels to Districts," assignment of home ports; and collaboration and coordination with the Fleet Mainte­nance Division of overhauls, schedules of Fleet activities as submitted by the Commanders of the forces afloat, these tentative schedules being sub­mitted to the Office of the Chief of Naval Operations and circulated for the approval or modification by the divisions under the CNO, and final approval; then returned to the forces afloat by the Chief of Naval Operations; sched­uling and itinerarying of NTS ships, the recording and accountability of ship locations in rather detailed form as the result of position reports and location reports from the ships operating individually and from Fleet units, as reported by Fleet Commanders. During the period of my incumbency, a War Information Room was started under the late Rear Admiral F. T. Leighton for the purpose of plotting and keeping track of all combatant ships of the navies of the world. Also a section of Convoy and Routing, as now called, whose duties were the plotting and as close an accountability as possible to keep track of the merchant shipping of the world. Positions of our own naval vessels also was obtained through a movement report system. Information on merchant shipping and foreign shipping and men‑of‑war was obtained through the various sources of ONI, naval observers at ports of the world, Naval Attachés, Maritime Commission, and other such sources. The ac­quisition of small craft was accomplished by the NTS Section which, later, grew into a sizeable division, and the assignments to Districts and Sea Fron­tiers was determined by the Chief of Naval Operations as set forth in the publication previously mentioned as prepared and distributed by this Division." (p. 399‑400)

Admiral Brainard said that the assignment of important naval units was determined by echelons higher than his division. (p. 400)

Admiral Brainard said that the Ship Movements Division was primarily a record keeping division and something of an information bureau, available to proper authorities, as regards the location of shipping and that he and his division did not participate in questions of broad general policy. (p. 402)

 

Ship Maintenance, Fleet Training, and his Flag Secretary (pages 2, 18).

 

During 1941, Captain John L. McCrea was an aide to Admiral Stark. He was assigned special duties by Admiral Stark.

During 1941, Captain Charles Wellborn, Jr. was Administrative Aide to the Chief of Naval Operations (p. 383).

 

Admiral Royal Ingersoll said that he was Assistant Chief of Naval operations in 1941, and as such generally acted for the Chief of Naval Operations in matters where policy had been established, and in an advisory capacity. He knew generally what was going on in the office of the Chief of Naval Operations (page 816).

 

During 1941, Admiral Ingersoll was Assistant Chief of Naval Operations. He described his duties as follows:

"As Assistant Chief of Naval Operations, I had no duties that pertained solely to the Assistant Chief of Naval Operations; that is, I did not have original cognizance of any matters. All matters for the consideration of Chief of Naval Operations were taken up with me before presenting to the Chief of Naval Operations. All matters of policy, of course, were referred to the Chief of Naval Operations. Once he had decided upon a policy, I then endeavored to carry out the details without further reference to him unless it was a question of which I thought he should know. I signed most of the correspondence except letters going to heads of other government departments or letters to Commanders‑in‑Chief which embodied orders to them. I frequently released many dispatches that had previously been

 

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considered by the Chief of Naval Operations after I knew they were in the form in which he wished them sent." (p. 417)

Concerning Admiral Ingersoll's familiarity with matters coming before Admiral Stark, he said:

"Generally speaking, I now feel that Admiral Stark kept me fully informed of all matters of which I should have had knowledge. I was usually present when conferences were held with other officers of the Navy Department or officers of the Office of the Chief of Naval Operations. I was not always present when Admiral Stark conferred with officials of the State Department or with officials of the War Department. Frequently these conferences took place in the State Department or in the War Department and I usually did not accompany Admiral Stark for such conferences. I felt, however, that when these were over that Admiral Stark told me everything that I should know. I do not recall now anything that transpired of which I was not told and of which I thought I should have been told. There may have been conferences between Admiral Stark and the President and the Secre­tary of State of which he did not tell me all the details." (p. 417)

 

Vice Admiral R. K. Turner said that between July and December 7, 1941, he was Director of War Plans in the office of CNO. He was a professional adviser to CNO in the preparation of plans for war (page 988).

Admiral Schuirmann testified that he was Director of the Central Division during 1941 and was the liaison with the State Department.

 

The liaison between the Chief of Naval Operations and the State Depart­ment was summarized by Admiral Turner as follows:

"The Chief of Naval Operations had, a close personal association with the Secretary of State and Under Secretary of State. He consulted them fre­quently and they consulted him, I might say invariably, before making any particular diplomatic move. In the Office of Naval Operations, the Chief of the Central Division was appointed as liaison officer with the State Depart­ment. He visited the State Department and discussed problems with them practically every day. There was a weekly meeting in the State Department conducted by the Under Secretary of State, Mr. Welles, usually attended by the Chief of Naval Operations, the Chief of Staff of the Army, Chief of the War Plans of the Army, Chief of War Plans of the Navy, the Chief, of the Central Division of the Office of Naval Operations, an officer of the General Staff not in the War Plans Division, and two or three representatives of the State Department. The matters discussed at these meetings usually related to events in Western Hemisphere countries. The Army was build­ing a lot of air fields in the Caribbean and South America. The Navy and the Army, both, had sent missions to those countries, and at the meetings with the Under Secretary it was chiefly American affairs that were discussed. Occasionally, possibly once a month, the Secretary of State would hold a conference with representatives of the War and Navy Departments, and at these meetings events outside of the Americas were discussed. From time to time, the Secretary of State would call individuals from the War and Navy Department to discuss particular aspects of world events. There were other unscheduled conferences between the State and War and Navy Depart­ments. I participated in a great many such conferences. From time to time, informal memoranda were exchanged between individuals of the State and Navy Departments or exchanged between the Secretary of State and the Chief of Naval Operations. I would say that relations between the State and War and State and Navy Departments were very close and were characterized by good feeling." (p. 257)

Admiral Turner summarized the situation in regard to the State Depart­ment by stating that on the whole, he was satisfied and had no complaint or criticism on the attitude of the State Department. (p. 258)

Captain Wellborn discussed the general exchange of information with the State Department. (p. 385)

The records kept of the meetings with the State Department officers were described by Admiral Schuirmann as follows:

"A 'Liaison Committee' consisting of the Chief of Naval Operations, the Chief of Staff, U. S. Army, and the Under Secretary of State was set up while Admiral Leahy was Chief of Naval Operations. This Committee was mainly occupied with questions other than the Far East, but occasionally questions relating to the Far East were discussed. About the middle of May, 1941, the practice of having a stenographer present to record the discussion was

 

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commenced; prior to that time I would make notes of the meetings in order to be able to follow up such matters as required action, and I believe one of Mr. Welles' assistants made a precis of the meetings. At times there were 'off the record' discussions at these liaison committee meetings. I made notes of some of these 'off the record' discussions. Aside from the meet­ings of the Liaison Committee, Secretary Hull held meetings with various officials of the Navy Department, and I maintained liaison with Dr. Hornbeck and Mr. Hamilton of the Far Eastern Division of the State Department by visit and by telephone. I know of no official record of these meetings and discussions. Fragmentary notes of some are in the files of the Central Division as are such records of the Liaison Committee as are in the possession of the Navy Department. It is possible that the State Department representa­tives may have made notes of some of these meetings and discussions with Secretary Hull and other State Department officials." (p. 405)

"Memo: The examining officer has identified the records mentioned by the witness as being contained in file titled 'Record of Liaison Meetings and some other special papers,' now on file in the Central Division (Op 13) of the Chief of Naval Operations' Office, Navy Department." (p. 405 and 406) Admiral Schuirmann said that he had some informal memorandums which would be in the files of the Central Division. (p. 406)

 

Liaison was made by personal visits, conferences, and by telephone. He dealt with Dr. Hornbeck, Maxwell Hamilton, Joseph Ballantine; Under Secretary Welles, and Secretary Hull. Incomplete minutes were kept by the Central Division of State Department meetings. ONI kept him informed, he said, but there was no established system for getting information to him. He also received information, for some time prior to the attack, during daily morning conferences conducted by the Secretary of the Navy, at which the War Plans Officer, who kept a current estimate, was present (pages 195‑198).

 

C. THE DUTIES OF THE CHIEF OF NAVAL OPERATIONS

 

The duties of Admiral Stark, as Chief of Naval Operations, are set forth in Article 392 and Article 433, Navy Regulations, of which the Court took judicial notice at pages 74‑77, as follows:

Article 392:

"(1) The Chief of Naval Operations is appointed by the President by and with the advice and consent of the Senate from among officers of the Line of the Navy, not below the grade of captain, for a period of four years. He is charged, under the direction, of the Secretary of the Navy, with the operations of the fleet, with the preparation and readiness of plans for its use in war, and with the co­ordination of the functions of the Naval Establishment afloat, together with the determination of priorities relating to repair and overhaul of ships in commission or about to be commissioned. (Act of 3 Mar. 1915.)

"(2) The Chief of Naval Operations, while so serving, has the rank and title of admiral, takes rank next after the Admiral of the Navy, and receives pay and allowances as specifically provided in the Act of 10 June 1922. All orders issued by the Chief of Naval Operations in performing the duties assigned him are per­formed under the authority of the Secretary of the Navy, and his orders are considered as emanating from the Secretary and have full force and effect as such. To assist the Chief of Naval Operations in performing the duties of his office there are authorized by law for this exclusive duty not less than fifteen officers of and above the rank of lieutenant commander of the Navy or major of the Marine Corps. Should an officer, while serving as Chief of Naval Operations, be retired from active service, he may, in the discretion of the President, be retired with the rank, pay, and allowances authorized by law for the highest grade or rank held by him as such Chief of Naval Operations.

"(3) During the temporary absence of the Secretary, the Under Secretary when serving, and the Assistant Secretaries of the Navy, the Chief of Naval Operations is next in succession to act as Secretary of the Navy."

Article 433:

"1. The Chief of Naval Operations shall, under the direction of the Secretary of the Navy, be charged with the operations of the fleet and with the preparation and readiness of plans for its use in war, (Act of 3 Mar. 1915.)

"2. The duties of the Chief of Naval Operations shall include the direction of the Office of Naval Intelligence and the Division of Fleet Training; the opera­tion of the Communication Service, of naval districts, of vessels assigned to the

 

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Naval Reserve, and of mines and mining; the operations of the Marine Corps, except when operating with the Army or on other detached duty by order of the President; and the operations of Coast Guard vessels when operating with the Navy; and the direction of all strategic and tactical matters, organization of the fleet, maneuvers, gunnery exercises, drills and exercises, and training of the fleet for war; ocean and lake surveys; with the collection of foreign surveys; with the publication and supply of charts, sailing directions, and nautical rules; dissemi­nation of all nautical, hydrographic, and meteorological information to ships and aircraft, and with the upkeep, repair, and operation of the Naval  Observatory and Hydrographic Office.

"3. He shall so coordinate all repairs and alterations to vessels and the supply of personnel and material thereto so as to insure at all times the maximum readi­ness of the fleet for war.

"4. He shall keep all bureaus and offices of the Navy Department informed in regard to action within their cognizance that is at any time necessary or desirable to improve the war efficiency of the fleet, and shall arrange for the coordination of effort of his office and of the bureaus and other offices of the Navy Department in relation thereto.

"5. He shall under the direction of the Secretary of the Navy direct the move­ments and operations of vessels of the Navy, including the time of their Assign­ment for docking, repairs, and alterations, and shall prepare schedules and issue orders in regard thereto.

"He shall keep records of service of fleets, squadrons and ships.

"6. He shall advise the Secretary in regard to the military features and design, of all new ships and as to any alterations of a ship which may affect her military value; as to the location, capacity, and protection of navy yards and naval sta­tions, including all features which affect their military value; also, as to matters pertaining to fuel reservations and depots, the location of radio stations, visual signal stations, reserves of ordnance and ammunitions, fuel, stores, and other supplies of whatsoever nature, with a view to meeting effectively the demands of the fleet.

"7. He shall advise the Secretary of the Navy on all business of the department in regard to insular governments and foreign relations, and all correspondence in regard to these matters shall be presented for the Secretary's action through his office.

"8. He is charged with the preparation, revisions, and record of regulations for the government of the Navy, general orders, tactical instructions, drill books (except such as are issued by the Bureau of Naval Personnel for the individual instruction of officers and enlisted men), signal codes, and cipher codes.

"9. In preparing and maintaining in readiness plans for the use of the fleet in war, he shall freely consult with and have the advice and assistance of the various bureaus, boards, and offices of the Department and the Marine Corps Headquar­ters, in matters coming under their cognizance. After the approval of any given war plans by the Secretary it shall be the duty of the Chief of Naval Operations to assign to the bureaus, boards, and offices, such parts thereof as may be needed for the intelligent carrying out of their respective duties in regard to such plans and their maintenance in constant readiness.

"10. In carrying out his duties he shall utilize the facilities of the appropriate bureaus and offices of the Navy Department.

"11. The Chief of Naval Operations shall from time to time witness the opera­tions of the fleet as an observer."

The Court of Inquiry also took judicial notice of General Order No. 170, dated March 23, 1942, which provided that the duties of the Commander‑in‑Chief, United States Fleet, and the duties of the Chief of Naval Operations were com­bined and placed under one officer with the title "Commander‑in‑Chief, United States Fleet and Chief of Naval Operations."