Chapter 328.
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/statutes-at-large/vol-27/chapter-328-1386503·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 328.— An act to provide for the examination and promotion of enlisted men of the Army to the grade of second lieutenant.July 30, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Army. Promotion of enlisted men to second lieu-tenancies. That the President be, and he is hereby, authorized to prescribe a system of examination of enlisted men of the Army, by such boards as may be established by him, to determine their fitness for promotion to the grade of second lieutenant: *Proviso*.
Qualifications.*Provided*, That all unmarried soldiers under thirty years of age, who are citizens of the United States, are physically sound, who have served honorably not less than two years in the Army, and who have borne a good moral character before and after enlistment, may compete for promotion under any system authorized by this act. Sec. 2. That the members and recorder of such boards as may beExamination board. established by the President, under the provisions of the preceding section, shall be sworn in every case to discharge their duties honestly and faithfully; and the boards may examine witnesses, and take depositions, for which purposes they shall have such powers of a court of inquiry as may be necessary.
Sec. 3. That the vacancies in the grade of second lieutenant heretoforeFilling vacancies in grade of second lieutenant. Vol. 20, p. 150. filled by the promotion of meritorious non-commissioned officers of the Army, under the provisions of section three of the act approved June eighteenth, eighteen hundred and seventy-eight, shall be filled by the appointment of competitors favorably recommended under this act, Certificates of eligibility.in the order of merit established by the final examination.
Each man who passes the final examination shall receive a certificate of eligibility, setting forth the subjects in which he is proficient and the especial *Proviso*.grounds upon which the recommendation is based: *Provided*, That not more than two examinations shall be accorded to the same competitor. Sec. 4. That all rights and privileges arising from a certificate ofEffect of court-martial. eligibility may be vacated by sentence of a court-martial, but no soldier, while holding the privileges of a certificate, shall be brought before a garrison or regimental court-martial or summary court.
Sec. 5. That sections three and four of the act approved June eighteenth,Repeal. Vol. 20, p. 150. eighteen hundred and seventy-eight, providing for the promotion of meritorious noncommissioned officers, be, and the same are hereby, repealed. Approved, July 30, 1892.