Chapter 1241.
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CHAP. 1241.— An act to provide for the examination of, certain officers of the Army and to regulate promotions therein.October 1, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Examination of certain officers of the army, and regulation of promotions.Grades below brigadier-general in each arm.Examination.Seniority.*Proviso*.Line officers now above second-lieutenant. That hereafter promotion to every grade in the Army below the rank of brigadier-general, throughout each arm, corps, or department of the service, shall, subject to the examination hereinafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department: *Provided*, That in the line of the Army all officers now above the grade of second lieutenant shall, subject to such examination, be entitled to promotion in accordance with existing laws and regulations.
Sec. 2. That officers of grades in each arm of the service shall beAssignment and transfer of officers of grades. assigned to regiments, and transferred from one regiment to another, as the interests of the service may require, by orders from the War Line appointments to arm, and not to regiment.Department, and hereafter all appointments in the line of the Army shall be by commission in an arm of the service and not by commission in any particular regiment. Sec. 3. That the President be, and he is hereby, authorized to prescribeExamination for fitness for promotion of all below major. a system of examination of all officers of the Army below the rank of major to determine their fitness for promotion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as maybe best for the interests of the service: *Provisos*.Where officer passed examination under existing law.*Provided*, That the President may waive the examination for promotion to any grade in the case of any officer who in pursuance of existing law has passed a satisfactory examination for such grade Failure to pass, etc.prior to the passage of this act: *And provided*, That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said Retirement on physical disability contracted in line of duty.examination, shall receive the promotion: *And provided*, That should the officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to which his seniority entitled him to Failure for other reason.be promoted; but if he should fail for any other reason he shall be suspended from promotion for one year, when he shall be Failure on reexamination.reexamined, and in case of failure on such reexamination he shall be honorably discharged with one year’s pay from the Army: *And provided further*,Examination of officers appointed from civil life, etc.
That the examination of officers appointed in the Army from civil life, or of officers who were officers of volunteers only, or were officers of the militia of the several States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the war Composition of boards.of the rebellion, shall be conducted by boards composed entirely of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination Practical fitness.Failure.shall relate to fitness for practical service and not to technical and scientific knowledge; and in case of failure of any such officer in the reexamination hereinbefore provided for, he shall be placed upon the No existing law to limit retirement.retired list of the Army; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for.
Approved, October 1, 1890. Chapter 1242: to amend an act entitled “An act to establish a railway bridge across the Illinois River, extending from a point within five miles of Columbiana, in Greene County, to a point within five miles of Farrowtown, in Calhoun County, in the State of Illinois,” approved Mardi third, eighteen hundred and eighty-three. Chapter 1242 26 Stat. 563 1890-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2026-02-21 51 1 public FIFTY-FIRST CONGRESS. Sess. I. Ch. 1243. 1890.563
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