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Code · STATUTES-AT-LARGE · Vol. 39 STAT. · June 3, 1916 · Chapter 134

Chapter 134. For making further and more effectual provision for the national defense, and for other purposes

35,167 words·~160 min read·/statutes-at-large/vol-39/chapter-134-801542·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAP. 134.— An Act For making further and more effectual provision for the national defense, and for other purposes. June 3, 1916. [[H. R. 12766](/us/bill/64/hr/12766).] [[Public, No. 85](/us/pl/64/85).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * National Defense Act. Forces constituting the Army. That the Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers’ Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law.
Sec. 2. Composition of the Regular Army.— The Regular ArmyRegular Army. Composition of. of the United States, including the existing organizations, shall consist of sixty-four regiments of Infantry, twenty-five regiments of Cavalry, twenty-one regiments of Field Artillery, a Coast Artillery Corps, the brigade, division, army corps, and army headquarters, with their detachments and troops, a General Staff Corps, an Adjutant General’s Department, an Inspector General’s Department, a Judge Advocate General’s Department, a Quartermaster Corps, a Medical Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Bureau of Insular Affairs, the Militia Bureau, the detached officers, the detached noncommissioned officers, the chaplains, the Regular Army Reserve, all organized as hereinafter provided, and the following as now authorized by law:
The officers and enlisted men on the retired list; the additional officers; the professors, the Corps of Cadets, the general Army service detachment, and detachments of Cavalry, Field Artillery, and Engineers, and the band of the United States Military Academy; the post noncommissioned staff officers; the recruiting parties, the recruit depot detachments, and unassigned recruits; the service school detachments; the disciplinary guards; the disciplinary organizations; the Indian Scouts; and such other officers and enlisted men as are now or may be hereafter provided for: *Provided, *That hereafter the enlisted*Provisos.*Enlisted strength to be kept. personnel of all organizations of the Regular Army shall at all times be maintained at a strength not below the minimum strength fixed by law: *Provided further, *That the total enlisted force of the line of theMaximum for time of peace.
Regular Army, excluding the Philippine Scouts and the enlisted men of the Quartermaster Corps, of the Medical Department, and of the Signal Corps, and the unassigned recruits, shall not at any one time, except in the event of actual or threatened war or similar emergency in which the public safety demands it, exceed one hundred and seventy-five thousand men: *Provided further, *That the unassignedRecruits limited. recruits at depots or elsewhere shall at no time, except in time of war, exceed by more than seven per centum the total authorized enlisted strength.
Sec. 3. Composition of brigades, divisions, and so forth.— Mobile troops.Tactical units. The mobile troops of the Regular Army of the United States shall be organized, as far as practicable, into brigades and divisions. The President is authorized, in time of actual or threatened hostilities,In time of war. or when in his opinion the interests of the public service demand it, to organize the brigades and divisions into such army corps or armies as may be necessary. The typical Infantry brigade shall consist of aBrigades. headquarters and three regiments of Infantry.
The typical Cavalry brigade shall consist of a headquarters and three regiments of Cavalry. The typical Field Artillery brigade shall consist of a headquarters andDivisions. three regiments of Field Artillery. The typical Infantry division shall consist of a headquarters, three Infantry brigades, one regiment of Cavalry, one Field Artillery brigade, one regiment of Engineers, one field signal battalion, one aero squadron, one ammunition train, one supply train, one engineer train, and one sanitary train.
The typical Cavalry division shall consist of a headquarters, three Cavalry brigades, one regiment of Field Artillery (horse), one battalion of mounted Engineers, one field signal battalion (mounted), one aero167 squadron, one ammunition train, one supply train, one engineer train, and one sanitary train. The typical army corps shall consistCorps. of a headquarters, two or more Infantry divisions, one or more Cavalry brigades or a Cavalry division, one Field Artillery brigade, one telegraph battalion, and one field signal battalion, and such ammunition, supply, engineer, and sanitary trains as the President may deem necessary.
A brigade, a division, an army corps, and an army headquarters shall consist of such officers, enlisted men, and civilians as the President may prescribe. Each supply train,Supply, etc., trains. ammunition train, sanitary train, and engineer train shall consist of such officers and enlisted men and shall be organized as the President may prescribe, the line officers necessary therewith to beDetails from line. Vol. 31, p. 755. detailed under the provisions of sections twenty-six and twenty-seven, Act of Congress approved February second, nineteen hundred and one.
Nothing herein contained, however, shall prevent theChanges allowed. President from increasing or decreasing the number of organizations prescribed for the typical brigades, divisions, and army corps, or from prescribing new and different organizations and personnel as the efficiency of the service may require. Sec. 4. General officers of the line.— Officers commissionedGeneral officers of the line.Constitution of. to and holding in the Army the office of a general officer shall hereafter be known as general officers of the line; officers commissionedStaff. to and holding in the Army an office other than that of a general officer, but to which the rank of a general officer is attached, shall be known as general officers of the staff.
The number ofIncrease. general officers of the line now authorized by law is hereby increased by four major generals and nineteen brigadier generals: *Provided,**Proviso.*Appointments in time of peace. That hereafter in time of peace major generals of the line shall be appointed from officers of the grade of brigadier general of the line, and brigadier generals of the fine shall be appointed from officers of the grade of colonel of the line of the Regular Army. Sec. 5. The General Staff Corps.— The General Staff Corps shallGeneral Staff Corps.Constitution of. consist of one Chief of Staff, detailed in time of peace from major generals of the line; two Assistants to the Chief of Staff, who shall be general officers of the line, one of whom, not above the grade of brigadier general, shall be the president of the Army War College; ten colonels; ten lieutenant colonels; fifteen majors; and seventeen captains, to be detailed from corresponding grades in the Army, as in this section hereinafter provided.
All officers detailed in the General Staff Corps shall be detailed therein for periods of four years, unless sooner relieved. While serving in the General Staff Corps officers may be temporarily assigned to duty with any branch of the Army.Tour of detail, etc. Upon being relieved from duty in the General Staff Corps officers shall return to the branch of the Army in which they hold permanent commissions, and no officer shall be eligible to a further detail in theRedetails limited.
General Staff Corps until he shall have served two years with the branch of the Army in which commissioned, except in time of actual or threatened hostilities. Section twenty-seven of the Act of CongressFilling vacancies made by details.Vol. 31, p. 755. approved February second, nineteen hundred and one, shall apply to each position vacated by officers below the grade of general officer detailed in the General Staff Corps. Not more than one-half of all of the officers detailed in said corpsDuty in District of Columbia limited. shall at any time be stationed, or assigned to or employed upon any duty, in or near the District of Columbia.
All officers detailed in saidEmployment re stricted. corps shall be exclusively employed in the study of military problems, the preparation of plans for the national defense and the utilization of the military forces in time of war, in investigating and reporting upon the efficiency and state of preparedness of such forces for service in peace or war, or on appropriate general staff duties in connection with troops, including the National Guard, or as military attaches in foreign countries, or on other duties, not of an adminis-168trative nature, on which they can be lawfully and properly employed: *Provided, *That no officer shall be detailed as a member of the General*Provisos.*Details subject to recommendations of board.
Staff Corps, other than the Chief of Staff and the general officers herein provided for as assistants to the Chief of Staff, except upon the recommendation of a board of five officers not below the rank of colonel, who shall be selected by the President or the Secretary ofSelection of board. War, and neither the Chief of Staff nor more than two other members of the General Staff Corps, nor any officer not a member of said corps, who shall have been stationed or employed on any duty in or near the District of Columbia within one year prior to the date of convening of any such board, shall be detailed as a member thereof.
No recommendation made by any such board shall, for more thanAction on recommendations. one year after the making of such recommendation or at any time after the convening of another such board, unless again recommended by the new board, be valid as a basis for the detail of any officer as a member of the General Staff Corps; and no alteration whatever shall be made in any report or recommendation of any such board, either with or without the consent of members thereof, after the board shall have submitted such report or recommendation and shall have adjourned sine die: *Provided further, *That the War College shallWar College.Duties continued. remain fully subject to the supervising, coordinating, and informing powers conferred by law upon members of the General Staff Corps, and officers for duty as instructors or students in or as attaches of said college may be selected and detailed freely from among members of said corps, but any officer so selected and detailed other than one director shall thereupon cease to be a member of said corps and shall not be eligible for redetail therein so long as he shall remain on said duty; and no officer on the active list of the Army shall, for more thanRestrictions on assignments. thirty days in any calendar year, be attached to or assigned to duty in the War College in any capacity other than that of president, director, instructor, or student, or, unless a member of the General Staff Corps, be attached to or employed in the office of the Chief of Staff: *Provided further, *That the organizations heretofore existing in or in connectionMobile army and Coast Artillery divisions abolished. with the office of the Chief of Staff under the designations of the mobile army division and the Coast Artillery division be, and they are hereby, abolished and shall not be reestablished.
TheBusiness transferred. business heretofore transacted in said divisions, except such as comes clearly within the general powers specified in and conferred upon members of the General Staff Corps by the organic Act of CongressVol. 32. p. 830. approved February fourteenth, nineteen hundred and three, is hereby transferred as follows, to wit, to the office of the Chief of Coast Artillery, all business apportioned to that office by law or Army regulations at the time of the creation of the Coast Artillery division of the office of the Chief of Staff; to the office of The Adjutant General or other bureau or bureaus concerned, all other business; and, subject to the exercise of the supervising, coordinating, and informing powers conferred upon members of the General Staff Corps by the Act of Congress last hereinbefore cited, the business transferred by this proviso to certain bureaus or offices shall hereafter be transacted exclusively by or under the direction of the respective heads thereof; and the Chief of Coast Artillery shall be an additional member of theChief of Coast Artillery.Duties, etc.
General Staff Corps and shall also be advisor to and informant of the Chief of Staff in respect to the business under his charge: *ProvidedSpecific duties of Corps to be adhered to. further, *That hereafter members of the General Staff Corps shall be confined strictly to the discharge of the duties of the general nature of those specified for them in this section and in the organic Act of Congress last hereinbefore cited, and they shall not be permitted to assume or engage in work of an administrative nature that pertains to established bureaus or offices of the War Department, or that, being assumed or engaged in by members of the General Staff Corps,169 would involve impairment of the responsibility or initiative of such bureaus or offices, or would cause injurious or unnecessary duplication of or delay in the work thereof: *Provided further, *That all pay andOfficer allowing violations to lose pay, etc. allowances shall be forfeited by any superior for any period during which, by his order or his permission, or by reason of his neglect, any subordinate shall violate any of the foregoing provisions of this section: *Provided further, *That if any officer detailed in the GeneralPromotions of detailed officers.
Staff Corps, or as an officer of any staff corps or department of the Army, shall be promoted to the next higher grade while so serving he may be permitted to serve out the period of his detail, and the numberGrade, etc., increased. of officers in the organization in which he shall be serving and in the grade to which he shall have been promoted shall be increased by one for such time as he shall be an additional number in said organization and grade; but the whole number of officers detailed to saidLimit. organization shall at no time exceed the aggregate of the numbers allowed to the several grades thereof by law other than this proviso.
Sec. 6. The Adjutant General’s Department.— The AdjutantAdjutant General’s Department.Constitution of. General’s Department shall consist of The Adjutant General with the rank of brigadier general; seven adjutants-general with the rank of colonel; thirteen adjutants-general with the rank of lieutenant colonel; and thirty adjutants-general with the rank of major. Sec. 7. The Inspector General’s Department.— The InspectorInspector General’s Department.Constitution of. General’s Department shall consist of one Inspector General with the rank of brigadier general; four inspectors-general with the rank of colonel; eight inspectors-general with the rank of lieutenant colonel; and sixteen inspectors-general with the rank of major.
Sec. 8. The Judge Advocate General’s Department.— TheJudge Advocate General’s Department.Constitution of. Judge Advocate General’s Department shall consist of one Judge Advocate General with the rank of brigadier general; four judge advocates with the rank of colonel; seven judge advocates with the rank of lieutenant colonel; and twenty judge advocates with the rank of major: *Provided, *That acting judge advocates may be*Provisos.*Acting judge advocates. Details, duties, etc. detailed under the provisions of existing law for separate brigades and for separate general court-martial jurisdictions, and when not immediately required for service with a geographical department, tactical division, separate brigade, or other separate general court-martial jurisdiction, acting judge advocates may be assigned to such other legal duty as the exigencies of the service may require: *Provided further, *That, of the vacancies created in the Judge Advocate General’sAppointment of one from civil life.
Department by this Act, one such vacancy, not below the grade of major, shall be filled by the appointment of a person from civil life, not less than forty-five nor more than fifty years of age, who shall have been for ten years a judge of the Supreme Court of the Philippine Islands, shall have served for two years as a captain in the Regular or Volunteer Army, and shall be proficient in the Spanish language and laws: *Provided further, *That so much ofDetails limited to acting judge advocates.Vol. 37, p. 571. the Act of Congress approved August twenty-fourth, nineteen hundred and twelve, as relates to the detachment or detail of officers for duty in the Judge Advocate General’s Department shall hereafter be held to apply only to the acting judge advocates authorized byDetachments to study law forbidden. law; and hereafter no officer shall be or remain detached from any command or assigned to any duty or station with intent to enable or aid him to pursue the study of law: *And provided further, *That noExaminations for promotions. officer of the Judge Advocate General’s Department below the rank of colonel shall be promoted therein until he shall have successfully passed a written examination before a board consisting of not less than two officers of the Judge Advocate General’s Department, to be designated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may be for the best interests of 170 the service: *Provided, *That should any officer in the grade of majorMajors.Retirement if physically disqualified. of the Judge Advocate General’s Department fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted:Second examination, if for other cause. but if he should be found disqualified for promotion for any other reason, a second examination shall not be allowed, but the Secretary of War shall appoint a board of review to consist of two officers of the Judge Advocate General’s Department superior in rank to the officer examined, none of whom shall have served as a member of the boardResult of finding. which examined him.
If the unfavorable finding of the examining board is concurred in by the board of review, the officer reported disqualified for promotion shall be honorably discharged from the service with one year’s pay. If the action of the examining board is disapproved by the board of review, the officer shall be considered qualified and shall be promoted: *Provided further, *That any lieutenantLieutenant colonels.Suspension if other than physically disqualified. colonel of the Judge Advocate General’s Department who, at his first examination for promotion to the grade of colonel, has been found disqualified for such promotion for any reason other than physical disability incurred in the line of duty shall be suspended from promotion and his right thereto shall pass successively to such officers next below him in rank as are or may become eligible to promotionReexamination. under existing law during the period of his suspension; and any such officer suspended from promotion shall be reexamined as soon as practicable after the expiration of one year from the date of the completion of the examination that resulted in his suspension: and if on such reexamination he is found qualified for promotion, heResult of finding. shall again become eligible thereto; but if he is found disqualified by reason of physical disability incurred in line of duty in either examination, he shall be retired, with the rank to which his seniority entitled him to be promoted; and if he is not found disqualified by reason of such physical disability, but is found disqualified for promotion for any other reason in the second examination, he shall be retired without promotion.
Sec. 9. The Quartermaster Corps.— The Quartermaster CorpsQuartermaster Corps.Constitution of.Vol. 37, p. 591. shall consist of one Quartermaster General with the rank of major general; two assistants to the Quartermaster General with the rank of brigadier general; twenty-one colonels; twenty-four lieutenantPay clerks. colonels; sixty-eight majors; one hundred and eighty captains; and the pay clerks now in active service, who shall hereafter have the rank, pay, and allowances of a second lieutenant, and the President is hereby authorized to appoint and commission them, by and with the advice and consent of the Senate, second lieutenants in the QuartermasterEnlisted men.Grades, etc.
Corps, United States Army. The total enlisted strength of the Quartermaster Corps and the number in each grade shall be limited and fixed from time to time by the President in accordance with the needs of the Army, and shall consist of quartermaster sergeants, senior grade; quartermaster sergeants; sergeants, first class; sergeants;Percentages to be observed. corporals; cooks; privates, first class; and privates. The number in the various grades shall not exceed the following percentages of the total authorized enlisted strength of the Quartermaster Corps, namely:
Quartermaster sergeants, senior grade, five-tenths of one per centum; quartermaster sergeants, six per centum; sergeants, first class, two and five-tenths per centum; sergeants, twenty-five per centum; corporals, ten per centum; privates, first class, forty-five per centum; privates, nine per centum; cooks, two per centum:Master electricians. *Provided, *That the master electricians now authorized by law for the Quartermaster Corps shall hereafter be known as quartermaster sergeants, senior grade, and shall be included in the number of quartermaster sergeants, senior grade, herein authorized: *And provided* 171 *further, *That all work pertaining to construction and repair that hasConstruction and repair duties. heretofore been done by or under the direction of officers of the Quartermaster Corps shall, except as otherwise now provided by laws or regulations, hereafter be done by or under the direction of officers of said corps.
Sec. 10. The Medical Department.— The Medical DepartmentMedical Department.Constitution of. shall consist of one Surgeon General, with the rank of major general during the active service of the present incumbent of that office, and thereafter with the rank of brigadier general, who shall be chief of said department, a Medical Corps, a Medical Reserve Corps within the limit of time fixed by this Act, a Dental Corps, a Veterinary Corps, an enlisted force, the Nurse Corps and contract surgeons as now authorized by law, the commissioned officers of which shall be citizens of the United States.
The Medical Corps shall consist of commissioned officers below theMedical Corps.Officers. grade of brigadier general, proportionally distributed among the several grades as in the Medical Corps now established by law. TheRatio to Regular Army. total number of such officers shall approximately be equal to, but not exceed, except as hereinafter provided, seven for every one thousand of the total enlisted strength of the Regular Army authorized from time to time by law: *Provided, *That if by reason of a reduction by*Provisos.*Original appointments to cease if strength of Army reduced. law in the authorized enlisted strength of the Army aforesaid the total number of officers in the Medical Corps commissioned previously to such reduction shall for the time being exceed the equivalent of seven to one thousand of such reduced enlisted strength no original appointment to commissioned rank in said corps shall be made until the total number of commissioned officers thereof shall have been reduced below the equivalent of seven to the thousand of the said reduced enlisted strength, nor thereafter so as to make the total number of commissioned officers thereof in excess of the equivalent of seven to the thousand of said reduced enlisted strength; and noPromotions above captains limited. promotion shall be made above the grade of captain in said corps until the number of officers in the grade above that of captain to which the promotion is due shall have been reduced below the proportional number authorized for such grade on the basis of the reduced enlisted strength, nor thereafter so as to make the number of officers in such grade in excess of the proportional number authorized on the basis of said reduced enlisted strength: *Provided further, *ThatDischarge of increase made for time of war. when in time of war the Regular Army shall have been increased by virtue of the provisions of this or any other Act, the medical officers appointed to meet such increase shall be honorably discharged from the service of the United States when the reduction of the enlisted strength of the Army shall take place: *Provided further, *That personsQualifications for original appointments. hereafter commissioned in the Medical Corps shall be citizens of the United States between the ages of twenty-two and thirty years and shall be promoted to the grade of captain upon the completion of five years’ service in the Medical Corps and upon passing the examinations prescribed by the President for promotion to the grade of captain in the Medical Corps: *Provided further, *That relative rankRelative rank determined. among captains in the Medical Corps, who have or shall have attained that rank by operation of law after a period of service fixed thereby, shall be determined by counting all the service rendered by them as officers in said corps and as assistant surgeons in the Regular Army, subject, however, to loss of files by reason of sentence of court-martial or by reason of failure to pass examination for promotion: *ProvidedDetails allowed to Red Cross. further, *That hereafter the President shall be authorized to detail not to exceed five officers of the Medical Department of the Army for duty with the military relief division of the American National Red Cross. 172 The enlisted force of the Medical Department shall consist of theEnlisted men.Personnel. following personnel, who shall not be included in the effective strength of the Army nor counted as a part of the enlisted force provided by law:
Master hospital sergeants, hospital sergeants, sergeants (first-class), sergeants, corporals, cooks, horseshoers, saddlers, farriers, mechanics, privates (first-class), and privates: *Provided, *That master*Provisos.*Master hospital sergeants. hospital sergeants shall be appointed by the Secretary of War, but no person shall be appointed master hospital sergeant until he shall have passed a satisfactory examination under such regulations as theExamination. Secretary of War may prescribe before a board of one or more medical officers as to his qualifications for the position, including knowledge of pharmacy, and demonstrated his fitness therefor by service of not less than twelve months as hospital sergeant or sergeant, first class, Medical Department, or as sergeant, first class, in the Hospital Corps now established by law; and no person shall be designated for such examination except by written authority of the Surgeon General: *Provided further, *That original enlistments for the Medical DepartmentOriginal enlistments, promotions, etc. shall be made in the grade of private, and reenlistments and promotions of enlisted men therein, except as hereinbefore prescribed, and transfers thereto from the enlisted force of the line or other staff departments and corps of the Army shall be governed by such regulationsTransfers from Hospital Corps. as the Secretary of War may prescribe: *Provided further, *That the enlisted men of the Hospital Corps who are in active service at the time of the approval of this Act are hereby transferred to the corresponding grades of the Medical Department established by this Act: *Provided further, *That the total number of enlisted men in theRatio to Army enlisted strength.
Medical Department shall be approximately equal to, but not exceed, except as hereinafter provided, the equivalent of five per centum of the total enlisted strength of the Army authorized from time to time by law: *Provided further, *That in time of actual or threatened hostilities,Additional in time of war. the Secretary of War is hereby authorized to enlist or cause to be enlisted in the Medical Department such additional number of men as the service may require: *Provided further, *That the number of enlistedPercentages of grades. men in each of the several grades designated below shall not exceed, except as hereinafter provided, the following percentages of the total authorized enlisted strength of the Medical Department, to wit:
Master hospital sergeants, one-half of one per centum; hospital sergeants, one-half of one per centum; sergeants, first class, seven per centum; sergeants, eleven per centum: corporals, five per centum; and cooks, six per centum: *Provided further, *That the number of horseshoers,Horseshoers, etc. saddlers, farriers, and mechanics in the Medical Department shall not exceed one each to each authorized ambulance company or likePrivates. organization: *Provided further, *That in said department the number of privates, first class, shall not exceed twenty-five per centum of the number of privates: *Provided further, *That if by reason of a reductionPromotions limited when Army reduced. by operation of law in the authorized enlisted strength of the Army aforesaid the number of noncommissioned officers of any grade in the Medical Department whose warrants were issued previously to such reduction shall for the time being exceed the percentage hereinabove specified for such grade, no promotion to such grade shall be made until the percentage of noncommissioned officers therein shall have been reduced below that authorized for such grade on the basis of the said reduced enlisted strength, nor thereafter so as to make the percentage of noncommissioned officers therein in excess of the percentage authorized on the basis of the said reduced enlisted strength;Reenlistments allowed. but noncommissioned officers may be reenlisted in the grades held by them previously to such reduction regardless of the percentages aforesaid; and when under this provision the number of noncommissioned officers of any grade exceeds the percentage specified, any noncommissioned officer thereof, not under charges, may be discharged on his own application: *Provided further, *That privates, first class, of 173 the Medical Department shall be eligible for ratings for additionalAdditional pay ratings. pay as follows:
As dispensary assistant, $2 a month; as nurse, $3 a month; as surgical assistant, $5 a month: *Provided further, *That noLimit. enlisted man shall receive more than one rating for additional pay under the provisions of this section, nor shall any enlisted man receive any additional pay under such rating unless he shall have actually performed the duties for which he shall be rated. The President is hereby authorized to appoint and commission, byDental surgeons.Appointments authorized. and with the advice and consent of the Senate, dental surgeons, who are citizens of the United States between the ages of twenty-one and twenty-seven years, at the rate of one for each one thousand enlisted men of the line of the Army.
Dental surgeons shall have the rank,Original rank, etc. pay, and allowances of first lieutenants until they have completed eight years’ service. Dental surgeons of more than eight but lessPromotions. than twenty-four years’ service shall, subject to such examination as the President may prescribe, have the rank, pay, and allowances of captains. Dental surgeons of more than twenty-four years’ service shall, subject to such examination as the President may prescribe, have the rank, pay, and allowances of major: *Provided, *That the*Provisos.*Majors limited. total number of dental surgeons with rank, pay, and allowances of major shall not at any time exceed fifteen: *And provided further, *ThatExaminations, etc. all laws relating to the examination of officers of the Medical Corps for promotion shall be applicable to dental surgeons.
Authority is hereby given to the Secretary of War to grant permission,American National Red Cross.Storage of supplies by, at reservations, etc. by revocable license, to the American National Red Cross to erect and maintain on any military reservations within the jurisdiction of the United States buildings suitable for the storage of supplies, or to occupy for that purpose buildings erected by the United States, under such regulations as the Secretary of War may prescribe, such supplies to be available for the aid of the civilian population in case of serious national disaster.
Sec. 11. Corps of Engineers.— The Corps of Engineers shall consistCorps of Engineers.Officersand enlisted men. of one Chief of Engineers, with the rank of brigadier general; twenty-three colonels; thirty lieutenant colonels; seventy-two majors; one hundred and fifty-two captains; one hundred and forty-eight first lieutenants; seventy-nine second lieutenants; and the enlisted men hereinafter enumerated. The Engineer troops of the Corps ofTroops. Engineers shall consist of one band, seven regiments, and two mounted battalions.
Each regiment of Engineers shall consist of one colonel; one lieutenantRegiments. colonel; two majors; eleven captains; twelve first lieutenants; six second lieutenants; two master engineers, senior grade; one regimental sergeant major; two regimental supply sergeants; two color sergeants; one sergeant bugler; one cook; one wagoner for each authorized wagon of the field and combat train, and two battalions. Each battalion of a regiment of Engineers shall consist of one major,Battalions. one captain, one battalion sergeant major; three master engineers, junior grade; and three companies.
Each Engineer company (regimental)Companies. shall consist of one captain; two first lieutenants; one second lieutenant; one first sergeant; three sergeants, first class; one mess sergeant; one supply sergeant; one stable sergeant; six sergeants; twelve corporals; one horseshoer; two buglers; one saddler; two cooks; nineteen privates, first class; and fifty-nine privates: *Provided,**Proviso.*Additional force. That the President may, in his discretion, increase a regiment of Engineers by two master engineers, senior grade, and two sergeants; each battalion of a regiment of Engineers by three master engineers, junior grade; and each Engineer company (regimental) by two sergeants, six corporals, one cook, twelve privates, first class, and thirty-four privates. 174 The Engineer band shall consist of one band leader; one assistantBand. band leader; one first sergeant; two band sergeants; four band corporals; two musicians, first class; four musicians, second class; thirteen musicians, third class; and two cooks.
Each battalion of mounted Engineers shall consist of one major;Mounted Engineers.Battalions. five captains; seven first lieutenants; three second lieutenants; one master engineer, senior grade; one battalion sergeant major; one battalion supply sergeant; three master engineers, junior grade; one corporal; one wagoner for each authorized wagon of the field and combat train; and three mounted companies. Each mounted EngineerCompanies. company shall consist of one captain; two first lieutenants; one second lieutenant; one first sergeant; two sergeants, first class; one mess sergeant; one supply sergeant; one stable sergeant; four sergeants; eight corporals; two horseshoers; one saddler; two cooks; two buglers; twelve privates, first class; and thirty-seven privates: *Provided, *That the President may, in his discretion, increase the battalionsProvisos.Additional force. of mounted Engineers by one master engineer, senior grade; two sergeants; and three master engineers, junior grade; and aDetails of officers. mounted Engineer company by two sergeants; three corporals; eight privates, first class; and twenty-four privates: *Provided further,* That appropriate officers to command the regiments, battalions, and companies herein authorized and for duty with and as staff officers of such organizations shall be detailed from the Corps of Engineers, and shall not be in excess of the numbers in each grade enumerated in this section.
The enlisted force of the Corps of Engineers and theIncluded in the line. officers serving therewith shall constitute a part of the fine of the Army. Sec. 12. The Odnance Department.— The Ordnance DepartmentOrdnance Department.Officers and enlisted men. shall consist of one Chief of Ordnance, with the rank of brigadier general; ten colonels; fifteen lieutenant colonels; thirty-two majors; forty-two captains; forty-two first lieutenants; the ordnance sergeants, as now authorized by law, and such other enlisted men of grades now authorized by law as the President may direct: *Provided, *That ordnance sergeants shall be selected by the Secretary*Provisos.*Sergeants. of War from the sergeants of the line or Ordnance Department who shall have served faithfully for eight years, including four years in the grade of noncommissioned officer: *Provided further, *That vacanciesDetails of officers.Vol. 31, p. 755. which may occur in the commissioned personnel of the Ordnance Department shall be subject to the provisions of sections twenty-sixVol. 34, p. 455;
Vol. 38, pp. 356, 812. and twenty-seven of the Act approved February second, nineteen hundred and one, the Acts approved June twenty-fifth, nineteen hundred and six, and February twenty-fourth, nineteen hundred and fifteen, and Acts amendatory thereof relating to the Ordnance Department: *Provided further, *That hereafter the Secretary of War isDetail of student officers. authorized to detail not to exceed thirty lieutenants from the Army at large for duty as student officers in the establishments of the Ordnance Department for a period of two years; and the completion of the prescribed course of instruction shall constitute the examination for detail in the Ordnance Department.
Sec. 13. The Signal Corps.— The Signal Corps shall consist ofSignal Corps.Constitution of. one Chief Signal Officer, with the rank of brigadier general; three colonels; eight lieutenant colonels; ten majors; thirty captains; seventy-five first lieutenants; and the aviation section, which shallAviation section.Vol. 38, p. 514. consist of one colonel; one lieutenant colonel; eight majors; twenty-four captains; and one hundred and fourteen first lieutenants, who shall be selected from among officers of the Army at large of corresponding grades or from among officers of the grade below, exclusive of those serving by detail in staff corps or departments, who are qualified as military aviators, and shall be detailed to serve as aviationDetails, etc.Vol. 31, p. 755. officers for periods of four years unless sooner relieved; and the provisions of section twenty-seven of the Act of Congress approved 175 February second, nineteen hundred and one, are hereby extended to apply to said aviation officers and to vacancies created in any arm, corps, or department of the Army by the detail of said officers therefrom; but nothing in said Act or in any other law now in forceRedetails of proficient aviators. shall be held to prevent the detail or redetail at any time, to fill a vacancy among the aviation officers authorized by this Act, of any officer who, during prior service as an aviation officer of the aviation section, shall have become proficient in military aviation.
Aviation officers may, when qualified therefor, be rated as juniorRatings of aviation officers.Certificates of examinations, etc. military aviators or as military aviators, but no person shall be so rated until there shall have been issued to him a certificate to the effect that he is qualified for the rating, and no certificate shall be issued to any person until an aviation examining board, which shall be composed of three officers of experience in the aviation service and two medical officers, shall have examined him, under general regulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported him to be qualified for the rating.
No person shall receive the rating of militaryService required. aviator until he shall have served creditably for three years as an aviation officer with the rating of a junior military aviator. Each aviation officer authorized by this Act shall, while on dutyAviation officers. that requires him to participate regularly and frequently in aerial flights, receive an increase of twenty-five per centum in the pay ofIncrease of pay. his grade and length of service under his commission.
Each dulyJunior military aviators.Increase in grade, pay, etc. qualified junior military aviator shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his commission if his rank under said commission be not higher than that of captain, and while on duty requiring him to participate regularly and frequently in aerial flights ne shall receive in addition an increase of fifty per centum in the pay of his grade and length ofMilitary aviators.Increase in grade, pay, etc. service under his commission.
Each military aviator shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his commission if his rank under said commission be not higher than that of captain, and while on duty requiring him to participate regularly and frequently in aerial flights he shall receive m addition an increase of seventy-five per centum of the pay of his grade and length of service under his commission: *Provided further, *That the provisions of the Act of March second,*Provisos.*Former provisions repealed.Vol. 37, p. 705. nineteen hundred and thirteen, allowing increase of pay and allowances to officers detailed by the Secretary of War on aviation duty, are hereby repealed: *Provided further, *That hereafter married officersMarried officers eligible. of the line of the Army shall be eligible equally with unmarried officers, and subject to the same conditions, for detail to aviation duty; and the Secretary of War shall have authority to cause as manyEnlisted men. enlisted men of the aviation section to be instructed in the art of flying as he may deem necessary: *Provided further, *That hereafterAge limit removed. the age of officers shall not be a bar to their first detail in the aviation section of the Signal Corps, and neither their age nor their rank shall be a bar to their subsequent details in said section: *Provided further,*Appointment of aviators from civil life.
That, when it shall be impracticable to obtain from the Army officers suitable for the aviation section of the Signal Corps in the number allowed by law the difference between that number and the number of suitable officers actually available for duty in said section may be made up by appointments in the grade of aviator, Signal Corps, andGrade created. that grade is hereby created. The personnel for said grade shall be obtained from especially qualified civilians who shall be appointed and commissioned in said grade: *Provided further, *That wheneverDischarge. any aviator shall have become unsatisfactory he shall be discharged from the Army as such aviator.
The base pay of an aviator, SignalPay, etc. Corps, shall be $150 per month, and he shall have the allowances of 176 a master signal electrician and the same percentage of increase in pay for length of service as is allowed to a master signal electrician. The total enlisted strength of the Signal Corps shall be limited andEnlisted men, Signal Corps. fixed from time to time by the President in accordance with the needs of the Army, and shall consist of master signal electricians; sergeants,Grades established. first class; sergeants; corporals; cooks; horseshoers; private, first class; and privates; the number in each grade being fixed from time to time by the President.
The numbers in the various grades shall notPercentages of grades. exceed the following percentages of the total authorized enlisted strength of the Signal Corps, namely: Master signal electricians, two per centum; sergeants, first class, seven per centum; sergeants, ten per centum; corporals, twenty per centum. The number of privates,Privates. first class, shall not exceed twenty-five per centum of the number of privates. Authority is hereby given the President to organize, in hisUnit organizations authorized. discretion, such part of the commissioned and enlisted personnel of the Signal Corps into such number of companies, battalions, and aero squadrons as the necessities of the service may demand.
Sec. 14. Bureau of Insular Affairs of the War Department.— Nothing in this Act shall be construed to repeal existing lawsBureau of Insular Affairs.Organization continued. relating to the organization of the Bureau of Insular Affairs of the War Department. Sec. 15. Chaplains.— The President is authorized to appoint, byChaplains. and with the advice and consent of the Senate, chaplains in the ArmyNumber authorized.Vol. 33, p. 226. at the rate of not to exceed, including chaplains now in service, one for each regiment of Cavalry, Infantry, Field Artillery, and Engineers, and one for each one thousand two hundred officers and men of the Coast Artillery Corps, with rank, pay, and allowances as now authorized*Proviso.*Preference for previous war service. by law: *Provided, *That in the appointment of chaplains in the Regular Army, preference and priority shall be given to applicant veterans, if otherwise duly qualified and who shall not have passed the age of forty-one years at the time of application, who have rendered honorable war service in the Army of the United States or who have been honorably discharged from such Army.
Sec. 16. Veterinarians.— The President is hereby authorized, byVeterinary Corps.Appointment of veterinarians and assistant veterinarians. and with the advice and consent of the Senate, to appoint veterinarians and assistant veterinarians in the Army, not to exceed, including veterinarians now in service, two such officers for each regiment of Cavalry, one for every three batteries of Field Artillery, one for each mounted battalion of Engineers, seventeen as inspectors of horses and mules and as veterinarians in the Quartermaster Corps, and seven as inspectors of meats for the Quartermaster Corps; and said veterinariansAttached to Medical Department. and assistant veterinarians shall be citizens of the United States and shall constitute the Veterinary Corps and shall be a part of the Medical Department of the Army.
Hereafter a candidate for appointment as assistant veterinarianAssistant veterinarians.Qualifications for, etc. must be a citizen of the United States, between the ages of twenty-one and twenty-seven years, a graduate of a recognized veterinary college or university, and shall not be appointed until he shall have passed a satisfactory examination as to character, physical condition, general education, and professional qualifications. An assistant veterinarian appointed under this Act shall, for theRank, pay, etc.Service promotions. first five years of service as such, have the rank, pay, and allowances of second lieutenant; that after five years of service he shall have the rank, pay, and allowances of first lieutenant; that after fifteen yearsVeterinarians. of service he shall be promoted to be a veterinarian with the rank, pay, and allowances of captain, and that after twenty years’ service he shall have the rank, pay, and allowances of a major: *Provided,**Proviso.*Examinations, etc.
That any assistant veterinarian, in order to be promoted as hereinbefore provided, must first pass a satisfactory examination, under such rules as the President may prescribe, as to professional qualifi-177cations and adaptability for the military service; and if such assistant veterinarian shall be found deficient at such examination he shall be discharged from the Army with one year’s pay. The veterinarians of Cavalry and Field Artillery now in the Army,Appointment of present employees. together with such veterinarians of the Quartermaster Corps as are now employed in said corps, who at the date of the approval of this Act shall have had less than five years’ governmental service, may be appointed in the Veterinary Corps as assistant veterinarians with theAssistant veterinarians. rank, pay, and allowances of second lieutenant; those who shall have had over five years of such service may be appointed in said corps as assistant veterinarians with the rank, pay, and allowances of first lieu tenant; and those who shall have had over fifteen years of suchVeterinarians. service may be appointed in said corps as veterinarians with the rank, pay, and allowances of captain: *Provided, *That no such appointment*Provisos.*Examinations. of any veterinarian shall be made unless he shall first pass satisfactorily a practical professional and physical examination as to his fitness for the military service: *Provided further, *That veterinariansRetirement for physical incapacity. now in the Army or in the employ of the Quartermaster Corps who shall fail to pass the prescribed physical examination because of disability incident to the service and sufficient to prevent them from the performance of duty valuable to the Government shall be placed upon the retired list of the Army with seventy-five per centum of the pay to which they would have been entitled if appointed in the Veterinary Corps as hereinbefore prescribed.
The Secretary of War, upon recommendation of the Surgeon GeneralReserve veterinarians.Appointment, service, etc. of the Army, may appoint in the Veterinary Corps, for such time as their services may be required, such number of reserve veterinarians as may be necessary to attend public animals pertaining to the Quartermaster Corps. Reserve veterinarians so employed shall have the pay and allowances of second lieutenant during such employment and no longer: *Provided, *That such reserve veterinarians shall be*Proviso.*Qualifications. graduates of a recognized veterinary college or university and shall pass a satisfactory examination as to character, physical condition, general education, and professional qualifications in like manner as hereinbefore required of assistant veterinarians; such reserve veterinariansEligible as assistant veterinarians. shall constitute a list of eligibles for appointment as assistant veterinarians, subject to all the conditions hereinbefore prescribed for the appointment of assistant veterinarians.
Within a limit of time to be fixed by the Secretary of War, candidatesProbationary appointments of successful candidates. for appointment as assistant veterinarians who shall have passed satisfactorily the examinations prescribed for that grade by this Act shall be appointed, in the order of merit in which they shall have passed such examination, to vacancies as they occur, such appointments to be for a probationary period of two years, after which time, if the services of the probationers shall have been satisfactory, they shall be permanently appointed with rank to date from the dates of rank of their probationary appointments.
Probationary veterinariansDischarge if unsatisfactory. whose services are found unsatisfactory shall be discharged at any time during the probationary period, or at the end thereof, and shall have no further claims against the Government on account of their probationary service. The Secretary of War shall from time to time appoint boards ofExamining boards. examiners to conduct the veterinary examinations hereinbefore prescribed, each of said boards to consist of three medical officers and two veterinarians.
Sec. 17. Composition of Infantry units.—Each regiment ofInfantry units.Regiments. Infantry shall consist of one colonel, one lieutenant colonel, three majors, fifteen captains, sixteen first lieutenants, fifteen second lieutenants, one headquarters company, one machine-gun company, one supply company, and twelve Infantry companies organized into three battalions of four companies each. 178 Each, battalion shall consist of one major, one first lieutenant,Battalions. mounted (battalion adjutant), and four companies.
Each InfantryCompanies. company in battalion shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, six sergeants, eleven corporals, two cooks, two buglers, one mechanic, nineteen privates (first class), and fifty-six privates. Each Infantry headquarters company shall consist of one captain,Headquarters companies. mounted (regimental adjutant); one regimental sergeant major, mounted; three battalion sergeants major, mounted; one first sergeant (drum major); two color sergeants; one mess sergeant; one supply sergeant; one stable sergeant; one sergeant; two cooks; one horseshoer; one band leader; one assistant band leader; one sergeant bugler; two band sergeants; four band corporals; two musicians, first class; four musicians, second class; thirteen musicians, third class; four privates, first class, mounted; and twelve privates, mounted.
Each Infantry machine-gun company shall consist of one captain,Machine-gun companies. mounted; one first lieutenant, mounted; two second lieutenants, mounted; one first sergeant, mounted; one mess sergeant; one supply sergeant, mounted; one stable sergeant, mounted; one horseshoer; five sergeants; six corporals; two cooks; two buglers; one mechanic; eight privates, first class; and twenty-four privates. Each Infantry supply company shall consist of one captain,Supply companies. mounted; one second lieutenant, mounted; three regimental supply sergeants, mounted; one first sergeant, mounted; one mess sergeant; one stable sergeant; one corporal, mounted; one cook; one saddler; one horseshoer; and one wagoner for each authorized wagon of the field and combat train: *Provided, *That the President may in his discretion*Proviso.*Additional force. increase a company of Infantry by two sergeants, six corporals, one cook, one mechanic, nine privates (first class), and thirty-one privates; an Infantry machine-gun company by two sergeants, two corporals, one mechanic, four privates, first class, and twelve privates.
The commissioned officers required for the Infantry headquarters,Assignment of officers. supply, and machine-gun companies and for the companies organized into battalions shall be assigned from those hereinbefore authorized. Sec. 18. Composition of Cavalry units.— Each regiment of CavalryCavalry units.Regiments. shall consist of one colonel, one lieutenant colonel, three majors, fifteen captains, sixteen first lieutenants, sixteen second lieutenants, one headquarters troop, one machine-gun troop, one supply troop, and twelve troops organized into three squadrons of four troops each.
Each squadron shall consist of one major, one first lieutenantSquadrons. (squadron adjutant), and four troops. Each troop in squadron shallTroops. consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, one stable sergeant, five sergeants, eight corporals, two cooks, two horseshoers, one saddler, two buglers, ten privates (first class), and thirty-six privates. Each headquarters troop shall consist of one captain (regimentalHeadquarters troops. adjutant), one regimental sergeant major, three squadron sergeants major, one first sergeant (drum major), two color sergeants, one mess sergeant, one supply sergeant, one stable sergeant, one sergeant, two cooks, one horseshoer, one saddler, two privates (first class), and nine privates, one band leader, one assistant band leader, one sergeant bugler, two band sergeants, four band corporals, two musicians (first class), four musicians (second class), and thirteen musicians (third class).
Each machine-gun troop shall consist of one captain, one first lieutenant,Machine-gun troops. two second lieutenants, one first sergeant, one mess sergeant, one supply sergeant, one stable sergeant, two horseshoers, five sergeants, six corporals, two cooks, one mechanic, one saddler, two buglers, twelve privates (first class), and thirty-five privates. 179 Each supply troop shall consist of one captain (regimental supplySupply troops. officer), two second lieutenants, three regimental supply sergeants, one first sergeant, one mess sergeant, one stable sergeant, one corporal, one cook, one horseshoer, one saddler, and one wagoner for each authorized wagon of the field and combat train: *Provided, *That the*Proviso.*Additional force.
President may, in his discretion, increase each troop of Cavalry by ten privates (first class) and twenty-five privates; the headquarters troop by two sergeants, five corporals, one horseshoer, five privates (first class), and eighteen privates; each machine-gun troop by three sergeants, two corporals, one mechanic, one private (first class), and fourteen privates; each supply troop by one corporal, one cook, one saddler, and one horseshoer. The commissioned officers required for the Cavalry headquarters,Assignment of officers. supply, and machine-gun troops, and for the troops organized into squadrons, shall be assigned from those hereinbefore authorized.
Sec. 19. Composition of Field Artillery units.— The FieldField Artillery units.Composition of. Artillery, including mountain artillery, light artillery, horse artillery, heavy artillery (field and siege types), shall consist of one hundred and twenty-six gun or howitzer batteries organized into twenty-one regiments. In time of actual or threatened hostilities the President is authorizedOrganization in time of war. to organize such number of ammunition batteries and battalions, depot batteries and battalions, and such artillery parks with such numbers and grades of personnel and such organizations as he mayOfficers. deem necessary.
The officers necessary for such organization shall*Post*, p. 190. be supplied from the Officers’ Reserve Corps provided by this ActVol. 38, p. 349. and by temporary appointment as authorized by section eight of the Act of Congress approved April twenty-fifth, nineteen hundred and fourteen. The enlisted men necessary for such organizations shall beEnlisted men. supplied from the Regular Army Reserve provided by this Act or from the Regular Army. Each regiment of Field Artillery shall consist of one colonel, oneRegiments. lieutenant colonel, one captain, one headquarters company, one supply company, and such number of gun and howitzer battalions as the President may direct.
Nothing shall prevent the assembling, in the same regiment, of gun and nowitzer battalions of different calibers and classes. Each gun or howitzer battery shall consist of one captain, two firstBatteries. lieutenants, two second lieutenants, one first sergeant, one supply sergeant, one stable sergeant, one mess sergeant, six sergeants, thirteen corporals, one chief mechanic, one saddler, two horseshoers, one mechanic, two buglers, three cooks, twenty-two privates (first class), and seventy-one privates.
When no enlisted men of the QuartermasterAdditional enlisted men. Corps are attached for such’positions there shall be added to each battery of mountain artillery one packmaster (sergeant, first class), one assistant packmaster (sergeant), and one cargador (corporal). Each headquarters company of a regiment of two battalions shallHeadquarters companies.Two battalion regiments. consist of one captain, one first lieutenant, one regimental sergeant major, two battalion sergeants major, one first sergeant, two color sergeants, one mess sergeant, one supply sergeant, one stable sergeant, two sergeants, nine corporals, one norseshoer, one saddler, one mechanic, three buglers, two cooks, five privates (first class), fifteen privates, one band leader, one assistant band leader, one sergeant bugler, two band sergeants, four band corporals, two musicians (first class), four musicians (second class), and thirteen musicians (third class).
That when a regiment consists of three battalionsThree battalion regiments. there shall be added to the headquarters company one battalion sergeant major, one sergeant, three corporals, one bugler, one privateAdditional enlisted men. (first class), and five privates. When no enlisted men of the Quartermaster Corps is attached for such positions, there shall be added to 180 each mountain artillery headquarters company one packmaster (sergeant, first class), one assistant packmaster (sergeant), and one cargador (corporal).
Each supply company of a regiment of two battalions shall consistSupply companies. of one captain, one first lieutenant, two regimental supply sergeants, one first sergeant, one mess sergeant, one corporal, one cook, one horseshoer, one saddler, two privates, and one wagoner for each authorized wagon of the field train. When a regiment consists of three battalions there shall be added to the supply company one second lieutenant, one regimental supply sergeant, one private, and one wagoner for each additional authorized wagon of the field train.
Each gun or howitzer battalion shall consist of one major, oneBattalions. captain, and batteries as follows: Mountain artillery battalions and light artillery gun or howitzer battalions serving with the field artillery of Infantry divisions shall contain three batteries; horse artillery battalions and heavy field artillery gun or howitzer battalions shall contain two batteries: *Provided, *That the President*Proviso.*Additional force. may, in his discretion, increase the headquarters company of a regiment of two battalions by two sergeants, five corporals, one horseshoer, one mechanic, one private (first class), and six privates; the headquarters company of a regiment of three battalions by one sergeant, seven corporals, one horseshoer, one mechanic, two cooks, two privates (first class), and seven privates; the supply company of a regiment of two battalions by one corporal, one cook, one horseshoer, and one saddler; the supply company for a regiment of three battalions by one corporal, one cook, one horseshoer, and one saddler; a gun or howitzer battery by three sergeants, seven corporals, one horseshoer, two mechanics, one bugler, thirteen privates (first class), and thirty-seven privates.
Sec. 20. Coast Artillery Corps.— The Coast Artillery Corps shallCoast Artillery Corps.Composition of.Officers and enlisted men.*Post*, p. 349. consist of one Chief of Coast Artillery, with the rank of brigadier general; twenty-four colonels; twenty-four lieutenant colonels; seventy-two majors; three hundred and sixty captains; three hundred and sixty first lieutenants; three hundred and sixty second lieutenants; thirty-one sergeants major, senior grade; sixty-four sergeants major, junior grade; forty-one master electricians; seventy-two engineers; ninety-nine electrician sergeants, first class; two hundred and seventy-five assistant engineers; ninety-nine electrician sergeants, second class; one hundred and six firemen; ninety-three radio sergeants; sixty-two master gunners; two hundred and sixty-three first sergeants; two hundred and sixty-three supply sergeants; two hundred and sixty-three mess sergeants; two thousand one hundred and four sergeants; three thousand one hundred and fifty-six corporals; five hundred and twenty-six cooks; five hundred and twenty-six mechanics; five hundred and twenty-six buglers; five thousand two hundred and twenty-five privates, first class; fifteen thousand six hundred and seventy-five privates; and eighteen bands,Bands.*Ante*, p. 174.Rated men. organized as hereinbefore provided for the Engineer band.
The rated men of the Coast Artillery Corps shall consist of casemate electricians; observers, first class; plotters; chief planters; coxswains; chief loaders; observers, second class; gun commanders and gun pointers. The total number of rated men shall not exceed one thousandCoxswains. seven hundred and eighty-four. Coxswains shall receive $9 per month in addition to the pay of their grade. Sec. 21. Porto Rico Regiment of Infantry.— The Porto RicoPorto Rico Regiment of Infantry.Status of.
Regiment of Infantry of the United States Army shall hereafter have the same organization, and the same grades and numbers of commissioned officers and enlisted men, as are by this Act or shall hereafter be prescribed by law for other regiments of Infantry of the Army. All vacancies created by this Act or occurring hereafter inPromotions below colonel to be regimental. commissioned offices of said regiment above the grade of second 181 lieutenant and below the grade of colonel shall, except as hereinafter provided to the contrary, be filled by promotion according to seniority in the several grades and within the regiment, subject to the examination prescribed by section three of the Act of Congress approvedVol. 26, p. 562.
October first, eighteen hundred and ninety, and said section is hereby extended so as to apply in the cases of all officers below the grade of lieutenant colonel, who shall hereafter be examined for promotion in the Porto Rico Regiment of Infantry, except that the President may prescribe such a system of examination for the promotion of officers of said regiment as he may deem advisable. The colonel of said regiment shall be detailed by the President,Colonel.Details from Infantry of the Army. from among officers of Infantry of the Army not below the grade of lieutenant colonel, for a period of four years unless sooner relieved.
Vacancies created by this Act in the grades of lieutenant colonel andRegiment vacancies. major in said regiment shall be filled by appointments from the senior captains in regimental rank of the Porto Rico regiment mentioned in the Act of March fourth, nineteen hundred and fifteen; andVol. 38, p. 1070. captains and lieutenants of said regiment shall also be eligible for such detached service, transfer, or assignment to duty with other organizations as may be approved by the Secretary of War; but vacancies created by such detachment of officers shall not be filled by promotions or appointments.
All men hereafter enlisting in said regiment shall be natives ofEnlistment of natives in. Porto Rico. All enlistments in the regiment shall hereafter be the same as is provided herein for the Regular Army, and the regiment, or any part thereof, may be ordered for service outside the island of Porto Rico. The pay and allowances of members of said regiment, shall be the same as provided by law for officers and enlisted men of like grades in the Regular Army. Vacancies created by this Act or occurring hereafter in the gradeSecond lieutenants.From Military Academy graduate or other native. of second lieutenant in said regiment shall be filled during any calendar year by the appointment by the President, by and with the advice and consent of the Senate, of any native of Porto Rico graduated from the United States Military Academy, and, after such appointment shall have been made or provided for, by like appointment of native citizens of Porto Rico between twenty-one and twenty-seven years of age. *Provided, *That officers of the Porto Rico Regiment of Infantry,*Proviso.*Status of officers in Provisional Regiment.Vol. 35, p. 392.
United States Army, who held commissions in the Porto Rico Provisional Regiment of Infantry on June thirtieth, nineteen hundred and eight, shall now and hereafter take rank in their grades in the same relative order held by them in said Porto Rico Provisional Regiment of Infantry on June thirtieth, nineteen hundred and eight, subject to any loss in rank due to failure to pass examinations for promotion or to sentence of court-martial. Sec. 22. All existing laws pertaining to or affecting the UnitedMilitary Academy, etc.Laws affecting detached duties, etc., continued.
States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the officers and enlisted men on the retired list, the detached and additional officers under theVol. 36, p. 1045. Act of Congress approved March third, nineteen hundred and eleven, recruiting parties, recruit depots and unassigned recruits, service school detachments, United States disciplinary barracks guards, disciplinary organizations, the Philippine Scouts, and Indian scouts shall continue and remain in force except as herein specifically provided otherwise.
Sec. 23. Original appointment s to be provisional.—HereafterSecond lieutenants, Army.Appointments other than cadets to be provisional for two years. all appointments of persons other than graduates of the United States Military Academy to the grade of second lieutenant in the Regular Army shall be provisional for a period of two years, at the close of which period such appointments shall be made permanent if thePermanent, if fitness determined. appointees shall have demonstrated, under such regulations as the 182 President may prescribe, their suitability and moral, professional, and physical fitness for such permanent appointment, but should any appointee fail so to demonstrate his suitability and fitness, hisPromotions. appointment shall terminate; and should any officer become eligible for promotion to a vacancy in a higher grade and qualify therefor before the expiration of two years from the date of his original appointment, he shall receive a provisional appointment in such higher grade, which appointment shall be made permanent when he shall have qualified for permanent appointment upon the expirationTermination if not qualified. of two years from the date of his original appointment, or shall terminate if he shall fail so to qualify.
Sec. 24. Increase to be made in five increments.— Except asIncrease to be made in five annual increments. otherwise specifically provided by this Act, the increases in the commissioned and enlisted personnel of the Regular Army provided by this Act shall be made in five annual increments, each of which shall be, in each grade of each arm, corps, and department, as nearly as practicable, one-fifth of the total increase authorized for each arm, corps,Terms of officers promoted. and department.
Officers promoted to vacancies created or caused by the addition of the first increment shall be promoted to rank from July first, nineteen hundred and sixteen, and those promoted to vacancies created or caused by the second increment shall be promoted to rank from July first, nineteen hundred and seventeen those promoted to vacancies created or caused by the addition of the third increment shall be promoted to rank from July first, nineteen hundred and eighteen; those promoted to vacancies created or caused by the addition of the fourth increment shall be promoted to rank from July first, nineteen hundred and nineteen; and those promoted to vacancies created or caused by the addition of the fifth increment shall be promoted to rank from July first, nineteen hundred and twenty: *Provided, *That in the event of actual or threatened*Proviso.*Entire strength in case of war. war or similar emergency in which the public safety demands it the President is authorized to immediately organize the entire increase authorized by this Act, or so much thereof as he may deem necessary, and when, in the judgment of the President, war becomes imminent, all of said organizations that shall then be below the maximum enlisted strength authorized by law shall be raised forthwith to that strength, and shall be maintained as nearly as possible thereat so long as war, or the imminence of war, shall continue.
Vacancies in the grade of second lieutenant, created or caused bySecond lieutenants.Filling vacancies in, made by this Act.Cadets. the increases due to this Act, in any fiscal year shall be filled by appointment in the following order:
(1)Of cadets graduated from the United States Military Academy during the preceding fiscal year for whom vacancies did not become available during the fiscal year in which they were graduated;
(2)under the provisions of existing law,Enlisted men. of enlisted men, including officers of the Philippine Scouts, whose fitness for promotion shall have been determined by competitive examination;
(3)of members of the Officers’ Reserve Corps betweenOfficers’ Reserve Corps.National Guard. the ages of twenty-one and twenty-seven years;
(4)of commissioned officers of the National Guard between the ages of twenty-one and twenty-seven years;
(5)of such honor graduates, between the agesHonor graduates of military schools. of twenty-one and twenty-seven years, of distinguished colleges as are now or may hereafter be entitled to preference by general orders of the War Department; and
(6)of candidates from civil life betweenCivil life. the ages of twenty-one and twenty-seven years; and the President is authorized to make the necessary rules and regulations to carry these provisions into effect: *Provided, *That any such original vacancies*Provisos.*Military Academy graduates. not so filled, and remaining at the time of graduation of any class at the United States Military Academy, may be filled by the appointment of members of that class; and all vacancies in the grade ofOther vacancies. second lieutenant not created or caused by the increases due to this Act shall be filled as provided in the Act making appropriation forVol. 36, p. 1045. 183 the support of the Army, approved March third, nineteen hundred and eleven: *Provided further, *That enlisted men of the Regular ArmyEnlisted men serving one year. who have completed one year’s service with an organization may become candidates for vacancies in the grade of second lieutenant created or caused by the increases due to the operation of this Act:Corps of Engineers.Present law continued. *Provided further, *That appointments to the grade of second lieutenant in the Corps of Engineers including those created by this Act, shall continue to be made as now provided by law, but that officers of the Army or Navy of the United States may become candidates for said appointments under the provisions of section five of the Act of CongressVol. 36, p. 957. approved February twenty-seventh, nineteen hundred and eleven, without previously vacating their commissions as officers andBureau junior engineers. that the Secretary of War may, in his discretion, allow persons to become candidates without previously establishing eligibility for appointment as junior engineer under the Engineer Bureau of the War Department: *Provided further, *That officers appointed to originalLineal and relative rank, etc. vacancies in the grade of second lieutenant created or caused by this Act shall take lineal and relative rank according to dates of appointment, and the lineal and relative rank of second lieutenants appointed on the same date shall be determined under such regulations as the Secretary of War may prescribe: *Provided further, *That the PresidentRecommissions to former officers. may recommission persons who have heretofore held commissions in the Regular Army and have left the service honorably, after ascertaining that they are qualified for service physically, morally, and as to age and military fitness; such recommissioned officers shall takeRank. rank at the foot of the respective grades which they held at the time of their separation from the Army: *Provided further, *That the provisionsExaminations for all promotions below brigadier general. of existing law requiring examinations to determine fitness for promotion of officers of the Army are hereby extended to include promotions to all grades below that of brigadier general: *ProvidedMajors and lieutenant colonels. further, *That examinations of officers in the grades of major and lieutenant colonel shall be confined to problems involving the higher functions of staff duties and command: *And provided further, *ThatPay to retired officers on active duty in time of war. in time of war retired officers of the Army may be employed on active duty, in the discretion of the President, and when so employed they shall receive the full pay and allowances of their grade: *And providedIf not above major.*Post*, p. 623. further, *That hereafter any retired officer, who has been or shall be detailed on active duty, shall receive the rank, pay, and allowances of the grade, not above that of major, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed on active duty since his retirement. Sec. 25. The detached officers.— That on July first, nineteenDetached Officers’ List.Increase made for duty with National Guard.*Post*, p. 623. hundred and sixteen, the line of the Army shall be increased by eight hundred and twenty-two extra officers of the Cavalry, Field Artillery, Coast Artillery Corps, and Infantry arms of the service, of grades from first lieutenant to colonel, inclusive, lawfully available for detachment from their proper arms for duty with the National Guard, or other duty, the usual period of which exceeds one year. Said extraDetailed previously.Vol. 36, p. 1045. officers, together with the two hundred detached officers provided for by the Act of Congress approved March third, nineteen hundred and eleven, shall, on and after July first, nineteen hundred and sixteen, constitute the Detached Officers’ List, and all positions vacated by officers assigned to said list, and the officers so assigned, shall be subject to the provisions of section twenty-seven of the Act of CongressVol. 31, p. 755. approved February second, nineteen hundred and one, with reference to details to the staff corps. The total number of officers herebyProportional number authorized. authorized for each grade on said list entire shall be in proportion to the total number of officers of the corresponding grade now 184 authorized by law other than this Act for all of the said four arms combined, exclusive of second lieutenants and of the two hundredVol. 36, p. 1045.Vol. 36, p. 1058. extra officers authorized by the Act of Congress approved March third, nineteen hundred and eleven, and exclusive also of the*Post*, p. 185. additional officers authorized by the Act to restore lineal rank lost through the system of regimental promotion formerly in force; and the total number of officers hereby authorized for each grade in each of said arms on said list shall be in the proportion borne by the number of officers now authorized by law other than this Act for such grade and arm to the total number of officers now authorized by law other than this Act for the corresponding grade in all of the said four arms combined, exclusive of the extra and additional officers last hereinbefore specified and excluded: *Provided, *That all vacancies*Provisos.*Filling vacancies by promotion. created or caused by the foregoing provisions of this section in grades above that of second lieutenant shall be filled by promotion according to law existing on and before the date of approval of this Act, and subject to the examinations prescribed by existing law. As soonAssignments of details. as practicable after such promotions shall have been made, there shall be detached from each arm and assigned to the Detached Officers’ List a number of officers of each grade equal to the number of officers of said grade by which said arm shall have been increased by the foregoing provisions of this section; and thereafter any vacancy created or caused in any of the said arms of the service by the assignment of an officer of any grade to said Detached Officers’ List shall be filled, subject to such examination as is now or may hereafter be prescribed by law, by the promotion of the officer who shall be the senior in length of commissioned service of those eligible to promotion in the next lower grade in the arm in which such vacancy shall occur: *Provided further, *That no officer of any of said arms of the serviceService with troops, etc., required. shall be permitted to remain on said Detached Officers’ List for more than forty-five days unless he shall have been actually present for duty for at least two years out of the last preceding six years with an organization composed of one or more statutory units, or the equivalent thereof, of the arm to which he shall belong. Any vacancy created in said list by the removal of any officer therefrom because he shall not have been present for duty as before prescribed in this proviso shall be filled by the transfer to said list of an officer having the same grade and belonging to the same arm as the officer whose removal from said list shall have created said vacancy; but, exceptContinuance of present assignments. as before prescribed in this proviso, all officers who shall have been assigned to said list shall remain thereon for not less than four years from the respective dates of their assignment thereto, unless in the meantime they shall have been separated entirely from the Army, or shall have been promoted or appointed to higher offices, or shall have been retired from active service: *Provided further, *That after theFilling vacancies hereafter by detail. apportionment of officers to said Detached Officers’ List shall have been made as authorized by this Act, whenever any vacancy shall have been caused in said list by the separation of an officer of any grade therefrom, such vacancy shall, except as prescribed in the last preceding proviso, be filled by the detail and assignment to said list of an officer of the corresponding grade in that arm in which there shall be found the officer of the next lower grade who at that time shall be the senior in length of commissioned service of all the officers of the said lower grade in all of the four arms hereinbefore specified; if two or more officers of different arms shall be found to have equal seniority in length of commissioned service in said lower grade, the question of seniority shall be decided by their relative standing on the list of the commissioned officers of the Army: *Provided further,*Increase of colonels of Cavalry and Infantry. That, with a view further to equalize inequalities in past promotions of officers of the line of the Army, on July first, nineteen hundred and 185 sixteen, the Cavalry shall be increased by seventeen colonels, and the Infantry by four colonels, all of whom shall be additional officersTo be additional numbers. in that grade, and shall not bar nor retard the promotion to which any officer would be entitled if the appointment of the said additional officers had never been authorized; and after July first, nineteen hundred and nineteen, no vacancies occurring among the said additional officers shall be filled and the offices so vacated shall cease and determine: And *provided further, *That for the purpose of lesseningPromotions and transfers of lieutenant colonels authorized. as much as possible inequalities of promotion due to the increase in the number of officers of the line of the Army under the provisions of this Act, any vacancies created or caused by this Act in commissioned grades below that of lieutenant colonel in any arm of said line may, in the discretion of the President and under such regulations as he may prescribe in furtherance of the purpose stated in this proviso, be filled by the promotion or transfer without promotion of officers of other branches of the line of the Army; but no such promotionExaminations, etc., required. or transfer shall be made in the case of any officer unless it shall have been recommended by an examining board composed of five officers, senior in rank to such officer, and of the arm to which the promotion or transfer of such officer shall have been proposed, who, after having made a personal examination of such officer and of his official record, shall have reported him qualified for service in said arm in the grade to which his promotion or transfer shall have been proposed. Sec. 26. Retirement of officers of Philippine Scouts.— CaptainsPhilippine Scouts.Retirement of captains and lieutenants, who are citizens. and lieutenants of Philippine Scouts who are citizens of the United States shall hereafter be entitled to retirement under the laws governing the retirement of enlisted men of the Regular Army, except that they shall be retired in the grade held by them at the date of retirement, shall be entitled to retirement for disability under the same conditions as officers of the Regular Army, and that they shall receive,Pay, etc. as retired pay, the amounts allowed by law, as retired pay and allowances, of master signal electricians of the United States Army, and no more: *Provided, *That double time for service beyond the continental*Provisos.*Double time not allowed. limits of the United States shall not be counted for the purposes of this section so as to reduce the actual period of service below twenty years: *Provided further, *That former officers of the PhilippineFormer officers may be retired. Scouts who, because of disability occasioned by wounds received in action, have resigned or been discharged from the service, or who have heretofore served as such for a period of more than five years and have been retired as enlisted men, shall be placed upon the retired list as officers of Philippine Scouts and thereafter receive the retired pay and allowances provided by this section for other officers of Philippine Scouts: *And provided further *That any former officer ofTransfer of retired enlisted men formerly officers of Scouts. Philippine Scouts who vacated his office in the Philippine Scouts by discharge or resignation on account of disability contracted in the line of duty and who was subsequently retired as an enlisted man, except any former officer of Philippine Scouts who has been retired as an enlisted man by special Act of Congress, shall be transferred to the retired list created by this section and shall thereafter receive the retired pay and allowances authorized by this section, and no more. Officers of Philippine Scouts retired under the provisions of this sectionNot on limited retired list. shall not form part of the limited retired list now authorized by law. Sec. 27. Enlistments in the Regular Army.— On and after theEnlistment term to be seven years. first day of November, nineteen hundred and sixteen, all enlistments in the Regular Army shall be for a term of seven years, the first threeActive. years to be in the active service with the organizations of which those enlisted form a part and, except as otherwise provided herein, the lastIn reserve. four years in the Regular Army Reserve hereinafter provided for: *Provided, *That at the expiration of three years’ continuous service*Provisos.* 186 with such organizations, either under a first or any subsequent enlistment,Reenlistment after three years. any soldier may be reenlisted for another period of seven years, as above provided for, in which event he shall receive his final discharge from his prior enlistment: *Provided further, *That after the expirationFurlough to Reserve after one year. of one year’s honorable service any enlisted man serving within the continental limits of the United States whose company, troop, battery, or detachment commander shall report him as proficient and sufficiently trained may, in the discretion of the Secretary of War, be furloughed to the Regular Army Reserve under such regulations as the Secretary of War may prescribe, but no man furloughed to the reserve shall be eligible to reenlist in the service until the expiration of his term of seven years: *Provided further, *That in all enlistmentsThree years computed as enlistment period. hereafter accomplished under the provisions of this Act three years shall be counted as an enlistment period in computing continuous-service pay: *Provided further, *That any noncommissioned officer dischargedReenlistment of noncommissioned officers. with an excellent character shall be permitted, at the expiration of three years in the active service, to reenlist in the organization from which discharged with the rank and grade held by him at the time of his discharge if he reenlists within twenty days after the date of such discharge: *Provided further, *That no person under the age ofMinors to have parents’ consent. eighteen years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians, provided that such minor has such parents or guardians entitled to his custody and control: *And provided further, *That thePay to postmasters for enlistments. President is authorized in his discretion to utilize the sendees of postmasters of the second, third, and fourth classes in procuring the enlistment of recruits for the Army, and for each recruit accepted for enlistment in the Army, the postmaster procuring his enlistment shall receive the sum of $5. In addition to military training, soldiers while in the active serviceVocational instruction for soldiers. shall hereafter be given the opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general business occupations. Civilian teachers may be employed to aid the Army officersTeachers, etc. in giving such instruction, and part of this instruction may consist of vocational education either in agriculture or the mechanic arts. The Secretary of War, with the approval of the President, shall prescribe rules and regulations for conducting the instruction herein provided for, and the Secretary of War shall have the power at all times to suspend, increase, or decrease the amount of such instruction offered as may in his judgment be consistent with the requirements of military instruction and service of the soldiers. Sec. 28. Pay of certain enlisted men.— Hereafter the monthlyPay of specified enlisted men. pay of enlisted men of certain grades of the Army created in this Act shall be as follows, namely: Quartermaster sergeant, senior grade, Quartermaster Corps; master hospital sergeant, Medical Department; master engineer, senior grade, Corps of Engineers; and band leader, Infantry, Cavalry, Artillery, and Corps of Engineers, $75; hospital sergeant, Medical Department; and master engineer, junior grade, Corps of Engineers, $65; sergeant, first class, Medical Department, $50; sergeant, first class, Corps of Engineers; regimental supply sergeant, Infantry, Cavalry, Field Artillery, and Corps of Engineers; battalion supply sergeant, Corps of Engineers; and assistant engineer, Coast Artillery Corps, $45; assistant band leader, Infantry, Cavalry, Artillery, and Corps of Engineers; and sergeant bugler, Infantry, Cavalry, Artillery, and Corps of Engineers, $40; musician, first class, Infantry, Cavalry, Artillery, and Corps of Engineers; supply sergeant, mess sergeant, and stable sergeant, Corps of Engineers; sergeant Medical Department, $36; supply 187 sergeant, Infantry, Cavalry, and Artillery: mess sergeant, Infantry, Cavalry, and Artillery; cook, Medical Department; horseshoer, Infantry, Cavalry, Artillery, Corps of Engineers, Signal Corps, and Medical Department; stable sergeant, Infantry and Cavalry; radio sergeant, Coast Artillery Corps; and musicians, second class, Infantry, Cavalry, Artillery, and Corps of Engineers, $30; musician, third class, Infantry, Cavalry, Artillery, and Corps of Engineers; corporal, Medical Department, $24; saddler, Infantry, Cavalry, Field Artillery, Corps of Engineers, and Medical Department; mechanic, Infantry, Cavalry, and Field Artillery, and Medical Department; farrier, Medical Department; and wagoner, Infantry, Field Artillery, and Corps of Engineers, $21; private, first class, Infantry, Cavalry, Artillery, and Medical Department, $18; private, Medical Department, and bugler, $15. Nothing herein contained shallNo present pay, etc., reduced. operate to reduce the pay or allowances now authorized by law for any grade of enlisted men of the Army. Sec. 29. Final discharge of enlisted men.— No enlisted man inFinal discharge.At end of service period. Exceptions. the Regular Army shall receive his final discharge until the termination of his seven-year term of enlistment except upon reenlistment as provided for in this Act or as provided by law for discharge prior to expiration of term of enlistment, but when an enlisted man is furloughed to the Regular Army Reserve his account shall be closed and he shall be paid in full to the date such furlough becomes effective, including allowances provided by law for discharged soldiers: *Provided,**Provisos.*To support dependent family. That when by reason of death or disability of a member of the family of an enlisted man occurring after his enlistment members of his family become dependent upon him for support, he may, in the discretion of the Secretary of War, be discharged from the service of the United States or be furloughed to the Regular Army Reserve, upon due proof being made of such condition: *Provided further,*By purchase. That when an enlisted man is discharged by purchase while in active service he shall be furloughed to the Regular Army Reserve, unless, in the discretion of the Secretary of War, he is given a final discharge from the Army. Sec. 30. Composition of the Regular Army Reserve.— TheRegular Army Reserve.Composition of. Regular Army Reserve shall consist of, first, all enlisted men now in the Army Reserve or who shall hereafter become members of the Army Reserve under the provisions of existing law; second, all enlisted men furloughed to or enlisted in the Regular Army Reserve under the provisions of this Act; and, third, any person holding an honorable discharge from the Regular Army with character reported at least good who is physically qualified for the duties of a soldier and not over forty-five years of age who enlists in the Regular Army Reserve for a period of four years. Sec. 31. The President is authorized to assign members of theService assignments.Vol. 37, p. 590. Regular Army Reserve as reserves to particular organizations of the Regular Army, or to organize the Regular Army Reserve, or any part thereof, into units or detachments of any arm, corps, or department in such manner as he may prescribe, and to assign to such units andOfficers. detachments officers of the Regular Army dr of the Officers’ Reserve Corps herein provided for; and he may summon the Regular ArmyYearly field training. Reserve or any part thereof for field training for a period not exceeding fifteen days in each year, the reservists to receive travel expenses and pay at the rate of their respective grades in the Regular Army during such periods of training; and in the event of actual or threatenedMobilizing for active service in case of war. hostilities he may mobilize the Regular Army Reserve in such manner as he may determine, and thereafter retain it, or any part thereof, in active service for such period as he may determine the conditions demand: *Provided, *That all enlistments in the Regular*Provisos.*All enlistments at the outbreak of war continued. Army, including those in the Regular Army Reserve, which are in force on the date of the outbreak of war shall continue in force for one 188 year, unless sooner terminated by order of the Secretary of War, but nothing herein shall be construed to shorten the time of enlistment prescribed: *Provided further, *That subject to such regulations as theAnnual retainer pay. President may prescribe for their proper identification, and location, and physical condition, the members of the Regular Army Reserve shall be paid semiannually at the rate of $24 a year while in the reserve. Sec. 32. Regular Army Reserve in time of war.— WhenPay, etc., in time of war. mobilized by order of the President, the members of the Regular Army Reserve shall, so long as they may remain in active service, receive the pay and allowances of enlisted men of the Regular Army of like grades: *Provided, *That any enlisted man who shall have*Provisos.*Longevity pay. reenlisted in the Regular Army Reserve shall receive during such active service the additional pay now provided by law for enlistedAllowance when reporting. men in his arm of the service in the second enlistment period: *Provided further, *That upon reporting for duty, and being found physically lit for service, members of the Regular Army Reserve shall receive a sum equal to $3 per month for each month during which they shall have belonged to the reserve, as well as the actual necessary cost of transportation and subsistence from their homes to the places at which they may be ordered to report for duty under such summons: *And provided further, *That service in the Regular Army Reserve shallNo right to retired pay, etc. confer no right to retirement or retired pay, and members of the Regular Army Reserve shall become entitled to pension only through disability incurred while on active duty in the service of the United States. Sec. 33. Use of other departments of the Government.— TheGovernment employees.Use of services for reserve organizations. President may, subject to such rules and regulations as in his judgment may be necessary, utilize the services of members and employees of all departments of the Government of the United States, without expense to the individual reservist, for keeping in touch with, paying, and mobilizing the Regular Army Reserve, the Enlisted Reserve Corps, and other reserve organizations. Sec. 34. Reenlistment in time of war.—For the purpose ofReenlistments in time of war.Bounty for, to honorably discharged men who served outside of continental limits. utilizing as an auxiliary to the Regular Army Reserves the services of men who have had experience and training in the Regular Army, or in the United States Volunteers, outside of the continental limits of the United States, in time of actual or threatened hostilities, and after the President shall, by proclamation, have called upon honorably discharged soldiers of the Regular Army to present themselves for reenlistment therein within a specified period, subject to such conditions as may be prescribed, any person who shall have been discharged honorably from said Army, with character reported as at least good, and who, having been found physically qualified for the duties of a soldier, if not over fifty years of age, shall reenlist in the line of said Army, or in the Signal, Quartermaster, or Medical Department thereof, within the period that shall be specified in said proclamation,Computation of. shall receive on so reenlisting a bounty which shall be computed at the rate of $8 for each month for the first year of the period that shall have elapsed since his last discharge from the Regular Army and the date of his reenlistment therein under the terms of said proclamation; at the rate of $6 per month for the second year of such period; at the rate of $4 per month for the third year of such period; and at the rate of $2 per month for any subsequent year of such period; but no bounty in excess of $300 shall be paid to any person under the terms of this section. Sec. 35. Enlisted men prohibited from civil employment.— Civil employment by enlisted men prohibited. Hereafter no enlisted man in the active service of the United States in the Army, Navy, and Marine Corps, respectively, whether a noncommissioned officer, musician, or private, shall be detailed, ordered, or permitted to leave his post to engage in any pursuit, business, or 189 performance in civil life, for emolument, hire, or otherwise, when the same shall interfere with the customary employment and regular engagement of local civilians in the respective arts, trades, or professions. Sec. 36. Sergeants for duty with the National Guard.— Details of sergeants for duty with National Guard. For the purpose of assisting in the instruction of the personnel and care of property in the hands of the National Guard the Secretary of War is authorized to detail from the Infantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army not to exceed one thousand sergeants for duty with corresponding organizations of the National Guard and not to exceed one hundred sergeants for duty with the disciplinary organizations at the United States Disciplinary Barracks, who shall be additional to the sergeants authorized by this Act for theAdditional to Regular Army number. corps, companies, troops, batteries, and detachments from which they may be detailed. Sec. 37. The Officers’ Reserve Corps.— For the purpose ofOfficers’ Reserve Corps.Organization of.Vol. 38, p. 349. securing a reserve of officers available for service as temporary officers in the Regular Army, as provided for in this Act and in section eight of the Act approved April twenty-fifth, nineteen hundred and fourteen, as officers of the Quartermaster Corps and other staff corps and departments, as officers for recruit rendezvous and depots, and as officers of volunteers, there shall be organized, under such rules and regulations as the President may prescribe not inconsistent with the provisions of this Act, an Officers’ Reserve Corps of the Regular Army. Said corps shall consist of sections corresponding to theSections. various arms, staff corps, and departments of the Regular Army. Except as otherwise herein provided, a member of the Officers’Exception of service, etc. Reserve Corps shall not be subject to call for service in time of peace, and whenever called upon for service shall not, without his consent, be so called in a lower grade than that held by him in said reserve corps. The President alone shall be authorized to appoint and commissionAppointments by President alone. as reserve officers in the various sections of the Officers’ Reserve Corps, in all grades up to and including that of major, such citizens as, upon examination prescribed by the President, shall be found physically, mentally, and morally qualified to hold such commissions *Provided, *That the proportion of officers in any section of the Officers’*Proviso.*Proportion limited. Reserve Corps shall not exceed the proportion for the same grade in the corresponding arm, corps, or department of the Regular Army, except that the number commissioned in the lowest authorized grade in any section of the Officers’ Reserve Corps shall not be limited. All persons now carried as duly qualified and registered pursuantAppointment of certified eligibles.Vol. 32, p. 779. to section twenty-three of the Act of Congress approved January twenty-first, nineteen hundred and three, shall, for a period of three years after the passage of this Act, be eligible for appointment in the Officers’ Reserve Corps in the section corresponding to the arm, corps, or department for which they have been found qualified, without further examination, except a physical examination, and subject to the limitations as to age and rank herein prescribed: *Provided,**Proviso.*Commissions to registered colonels and lieutenant colonels. That any person carried as qualified and registered in the grade of colonel or lieutenant colonel pursuant to the provisions of said Act on the date when this Act becomes effective may be commissioned and recommissioned in the Officers’ Reserve Corps with the rank for which he has been found qualified and registered, but when such person thereafter shall become separated from the Officers’Offices to cease when vacated. Reserve Corps for any reason the vacancy so caused shall not be filled, and such office shall cease and determine. No person shall, except as hereinafter provided, be appointed or reappointed a second lieutenant in the Officers’ Reserve Corps after 190 he shall have reached the age of thirty-two years, a first lieutenantHonorable discharge, etc., at age limit. after he shall have reached the age of thirty-six years, a captain after he shall have reached the age of forty years, or a major after he shall have reached the age of forty-five years. When an officer of the Reserve Corps shall reach the age limit fixed for appointment or reappointment in the grade in which commissioned he shall be honorably discharged from the service of the United States, and be entitled to retain his official title and, on occasions of ceremony, to wear the uniform of the highest grade he shall have held in the Officers’ Reserve Corps: *Provided, *That nothing in the foregoing provisions*Proviso.*Staff appointments not affected. as to the ages of officers shall apply to the appointment or reappointment of officers of the Quartermaster, Engineer, Ordnance, Signal, Judge Advocate, and Medical sections of said Reserve Corps. One year after the passage of this Act the Medical Reserve Corps,Medical Reserve Corps abolished.Vol. 35, p. 66. as now constituted by law, shall cease to exist. Members thereof may be commissioned in the Officers’ Reserve Corps, subject to the provisions of this Act, or may be honorably discharged from the service. The Secretary of War may, in time of peace, order firstUse of first lieutenants of medical section. lieutenants of the medical section of the Officers’ Reserve Corps, with their consent, to active duty in the service of the United States in such numbers as the public interests may require and the funds appropriated may permit, and may relieve them from such duty when their services are no longer necessary. While on such dutyPay, etc. they shall receive the pay and allowances, including pay for periods of sickness and leaves of absence, of officers of corresponding rank and length of active service in the Regular Army. The commissions of all officers of the Officers’ Reserve Corps shallTerm of commissions. be in force for a period of five years unless sooner terminated in the discretion of the President. Such officers may be recommissioned,Recommissions. either in the same or higher grades, for successive periods of five years, subject to such examinations and qualifications as the President may prescribe and to the age limits prescribed herein: *Provided,**Proviso.*Rank. That officers of the Officers’ Reserve Corps shall have rank therein in the various sections of said Reserve Corps according to grades and to length of service in their grades. Sec. 38. The Officers’ Reserve Corps in war.— In time ofTemporary duty in time of war. actual or threatened hostilities the President may order officers of the Officers’ Reserve Corps, subject to such subsequent physical examinations as he may prescribe, to temporary duty with the Regular Army in grades thereof which can not, for the time being, be filled by promotion, or as officers in volunteer or other organizations that may be authorized by law, or as officers at recruit rendezvous and depots, or on such other duty as the President mayRank, pay, etc. prescribe. While such reserve officers are on such service they shall, by virtue of their commissions as reserve officers, exercise command appropriate to their grade and rank in the organizations to which they may be assigned, and shall be entitled to the pay and allowances of the corresponding grades in the Regular Army, with increase of pay for length of active service, as allowed by law for officers of the Regular Army, from the date upon which they shall be required by the terms of their orders to obey the same: *Provided, *That officers so*Provisos.*To rank among themselves. ordered to active service shall take temporary rank among themselves, and in their grades in the organizations to which assigned, according to the dates of orders placing them on active service; and they may be promoted, in accordance with such rank, to vacanciesPromotions. in volunteer organizations or to temporary vacancies in the Regular Army thereafter occurring in the organizations in which they shall be serving: *Provided further, *That officers of the Officers’ ReserveNo retirement, etc. Corps shall not be entitled to retirement or retired pay, and shall be entitled to pension only for disability incurred in the line of duty and while in active service. 191 Any officer who, while holding a commission in the Officers’ ReserveSubject to Army regulations while in service. Corps, shall be ordered to active service by the Secretary of War shall, from the time he shall be required by the terms of his order to obey the same, be subject to the laws and regulations for the government of the Army of the United States, in so far as they are applicable to officers whose permanent retention in the military service is not contemplated. Sec. 39. Instruction of officers of the Officers’ Reserve Corps.— To the extent provided for from time to time by appropriationsAnnual duty with troops for instruction. for this specific purpose, the Secretary of War is authorized to order reserve officers to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year, and while so serving such officers shall receive the pay and allowances of their respective grades in the Regular Army: *Provided,**Provisos.*Extension by con sent. That, with the consent of the reserve officers concerned, and within the limit of funds available for the purpose, such periods of duty may be extended for reserve officers as the Secretary of War may direct: *Provided further, *That in time of actual or threatened hostilities,Appointments from volunteers. after all available officers of any section of the Officers’ Reserve Corps corresponding to any arm, corps, or department of the Regular Army shall have been ordered into active service, officers of Volunteers may be appointed in such arm, corps, or department as may be authorized by law: *Provided further, *That nothing herein shall operate toPrior right of Regular Army to appointment in Volunteers. prevent the appointment of any officer of the Regular Army as an officer of Volunteers before all the officers of the Officers’ Reserve Corps or any section thereof shall have been ordered into active service: *And provided further, *That in determining the relative rankService not counted for retirement. and the right to retirement of an officer of the Regular Army, active duty performed by him while serving in the Officers’ Reserve Corps shall not be reckoned. Sec. 40. The Reserve Officers’ Training Corps.— The PresidentReserve Officers Training Corps.Maintenance in civil schools, etc. is hereby authorized to establish and maintain in civil educational institutions a Reserve Officers’ Training Corps, which shallSenior division. consist of a senior division organized at universities and colleges requiring four years of collegiate study for a degree, including State universities and those State institutions that are required to provide instruction in military tactics under the provisions of the Act ofVol. 12, p. 503. Congress of July second, eighteen hundred and sixty-two, donating lands for the establishment of colleges where the leading object shall be practical instruction in agriculture and the mechanic arts, including military tactics, and a junior division organized at all otherJunior division. public or private educational institutions, except that units of the senior division may be organized at those essentially military schools which do not confer an academic degree but which, as a result of the annual inspection of such institutions by the War Department, are specially designated by the Secretary of War as qualified for units of the senior division, and each division shall consist of units of the several arms or corps in such number and of such strength as the President may prescribe. Sec. 41. The President may, upon the application of any StateApplication of State institutions for establishing. institution described in section forty of this Act, establish and maintain at such institution one or more units of the Reserve Officers’ Training Corps: *Provided, *That no such unit shall be established or*Provisos.*Conditions required. maintained at any such institution until an officer of the Army shall have been detailed as professor of military science and tactics, nor until such institution shall maintain under military instruction at least one hundred physically fit male students. Sec. 42. The President may, upon the application of any establishedAt other than State institutions.Requirements. educational institution in the United States other than a State institution described in section forty of this Act, the authorities of which agree to establish and maintain a two years’ elective or com-192pulsory course of military training as a minimum for its physically fit male students, which course when entered upon by any student shall, as regards such student, be a prerequisite for graduation, establish and maintain at such institution one or more units of the Reserve Officers’ Training Corps: *Provided, *That no such unit shall be established*Proviso.*Details from Army. or maintained at any such institution until an officer of the Army shall have been detailed as professor of military science andCondition. tactics, nor until such institution shall maintain under military instruction at least one hundred physically fit male students. Sec. 43. The Secretary of War is hereby authorized to prescribeMilitary training to be prescribed. standard courses of theoretical and practical military training for units of the Reserve Officers’ Training Corps, and no unit of the seniorRequirements. division shall be organized or maintained at any educational institution the authorities of which fail or neglect to adopt into their curriculum the prescribed courses of military training for the senior division or to devote at least an average of three hours per week per academic year to such military training; and no unit of the junior division shall be organized or maintained at any educational institution the authorities of which fail or neglect to adopt into their curriculum the prescribed courses of military training for the junior division, or to devote at least an average of three hours per week per academic year to such military training. Sec. 44. Eligibility to membership in the Reserve Officers’ TrainingEligibility.Citizenship, age, and physical. Corps shall be limited to students of institutions in which units of such corps may be established who are citizens of the United States, who are not less than fourteen years of age, and whose bodily condition indicates that they are physically fit to perform military duty, or will be so upon arrival at military age. Sec. 45. The President is hereby authorized to detail such numbersDetails of Army officers as professors. of officers of the Army, either active or retired, not above the grade of colonel, as may be necessary, for duty as professors and assistant professors of military science and tactics at institutions where one or more units of the Reserve Officers’ Training Corps are maintained;Limitation. but the total number of active officers so detailed at educational institutions shall not exceed three hundred, and no active officer shall be so detailed who has not had five years’ commissioned service in the Army. In time of peace retired officers shall not be detailedRetired officers. under the provisions of this section without their consent. Retired officers below the grade of lieutenant colonel so detailed shall receive the full pay and allowances of their grade, and retired officers above the grade of major so detailed shall receive the same pay and allowancesTour of service, officer on active list. as a retired major would receive under a like detail. No detail of officers on the active list of the Regular Army under the provisions of this section shall extend for more than four years. Sec. 46. The President is hereby authorized to detail for duty atDetails of enlisted men. institutions where one or more units of the Reserve Officers’ Training Corps are maintained such number of enlisted men, either active or retired or of the Regular Army Reserve, as he may deem necessary, but the number of active noncommissioned officers so detailed shall not exceed five hundred, and all active noncommissioned officers soTo be additional number. detailed shall be additional in their respective grades to those otherwise authorized for the Army. Retired enlisted men or members ofRetired enlisted men. the Regular Army Reserve shall not be detailed under the provisions of this section without their consent. While so detailed they shall receive active pay and allowances. Sec. 47. The Secretary of War, under such regulations as he mayIssue of arms, equipment, etc. prescribe, is hereby authorized to issue to institutions at which one or more units of the Reserve Officers’ Training Corps are maintained such public animals, arms, uniforms, equipment, and means of transportation as he may deem necessary, and to forage at the expense of 193 the United States public animals so issued. He shall require fromBond required. each institution to which property of the United States is issued a bond in the value of the property issued for the care and safe-keeping thereof, and for its return when required. Sec. 48. The Secretary of War is hereby authorized to maintainCamps to be maintained. camps for the further practical instruction of the members of the Reserve Officers’ Training Corps, no such camps to be maintained for a period longer than six weeks in any one year, except in time of actual or threatened hostilities; to transport members of such corpsPayment of expenses, etc. to and from such camps at the expense of the United States so far as appropriations will permit; to subsist them at the expense of the United States while traveling to and from such camps and while remaining therein so far as appropriations will permit; to use the Regular Army, such other military forces as Congress from time to time authorizes, and such Government property as he may deem necessary for the military training of the members of such corps while in attendance at such camps; to prescribe regulations for the government of such corps; and to authorize, in his discretion, the formation of company units thereof into battalion and regimental units. Sec. 49. The President alone, under such regulations as he mayAppointments of graduates in Officers’ Reserve Corps.Conditions.*Post*, p. 853. prescribe, is hereby authorized to appoint in the Officers’ Reserve Corps any graduate of the senior division of the Reserve Officers’ Training Corps who shall have satisfactorily completed the further training provided for in section fifty of this Act, or any graduate of the junior division who shall have satisfactorily completed the courses of military training prescribed for the senior division and the further training provided for in section fifty of this Act, and shallInfra. have participated in such practical instruction subsequent to graduation as the Secretary of War shall prescribe, who shall have arrivedOath required. at the age of twenty-one years and who shall agree, under oath in writing, to serve the United States in the capacity of a reserve officer of the Army during a period of at least ten years from the date of his appointment as such reserve officer, unless sooner discharged by proper authority; but the total number of reserve officers so appointed shall not exceed fifty thousand: *Provided, *That any graduate qualified*Proviso.*Eligibility not affected by postgraduate course. under the provisions of this section undergoing a postgraduate course at any institution shall not be eligible for appointment as a reserve officer while undergoing such postgraduate course, but his ultimate eligibility upon completion of such postgraduate course for such appointment shall not be affected because of his having undergone such postgraduate course. Sec. 50. When any member of the senior division of the ReserveSubsistence after two years to students agreeing to complete military course. Officers’ Training Corps has completed two academic years of service in that division, and has been selected for further training by the president of the institution and by its professor of military science and tactics, and has agreed in writing to continue in the Reserve Officers’ Training Corps for the remainder of his course in the institution, devoting five hours per week to the military training prescribed by the Secretary of War, and has agreed in writing to pursue the courses in camp training prescribed by the Secretary of War, he may be furnished, at the expense of the United States, with commutation of subsistence at such rate, not exceeding the cost of the garrison ration prescribed for the Army, as may be fixed by the Secretary of War, during the remainder of his service in the Reserve Officers’ Training Corps. Sec. 51. Any physically fit male citizen of the United States,Eligibility of prior school graduates for Officers’ Reserve Corps, etc. between the ages of twenty-one and twenty-seven years, who shall have graduated prior to the date of this Act from any educational institution at which an officer of the Army was detailed as professor of military science and tactics, and who, while a student at such 194 institution, completed courses of military training under the direction of such professor of military science and tactics substantially equivalent to those prescribed pursuant to this Act for the senior division, shall, after satisfactorily completing such additional practical military training as the Secretary of War shall prescribe, be eligible for appointment to the Officers’ Reserve Corps and as a temporary additional second lieutenant in accordance with the terms of this Act. Sec. 52. The President alone is hereby authorized to appoint andTemporary second lieutenants.May be appointed for instruction in time of peace. commission as a temporary second lieutenant of the Regular Army in time of peace for purposes of instruction, for a period not exceeding six months, with the allowances now provided by law for that grade, but with pay at the rate of $100 per month, any reserve officer appointed pursuant to sections forty-nine and fifty-one of this ActDuty with Army. and to attach him to a unit of the Regular Army for duty and training during the period covered by his appointment as such temporary second lieutenant, and upon the expiration of such service with the Regular Army such officer shall revert to his status as a reserve officer. Sec. 53. No reserve officer or temporary second lieutenant appointedRetirement, etc., restrictions. pursuant to this Act shall be entitled to retirement or to retired pay and shall be eligible for pension only for disability incurred in line of duty in active service or while serving with the Regular Army pursuant to the provisions of this Act: *Provided, *That in time*Provisos.*Active duty in time of war. of war the President may order reserve officers appointed under the provisions of this Act to active duty with any of the military forces of the United States in any grades not below that of second lieutenant, and while on such active duty they shall be subject to the Rules and Articles of War: *And provided further, *That The Adjutant General ofRoster of persons qualified for service as officers, etc. the Army shall, under the direction and supervision of the Secretary of War, obtain, compile, and keep continually up to date all obtainable information as to the names, ages, addresses, occupations, and qualifications for appointment as commissioned officers of the Army, in time of war or other emergency, of men of suitable ages who, by reason of having received military training in civilian educational institutions or elsewhere, may be regarded as qualified and available for appointment as such commissioned officers. Sec. 54. Training camps.—The Secretary of War is hereby authorizedCitizen training camps.Maintenance, etc.*Post*, p. 648. to maintain, upon military reservations or elsewhere, camps for the military instruction and training of such citizens as may be selected for such instruction and training, upon their application and under such terms of enlistment and regulations as may be prescribed by the Secretary of War; to use, for the purpose of maintaining said campsArms, supplies, etc., to be furnished. and imparting military instruction and training thereat, such arms, ammunition, accouterments, equipments, tentage, field equipage, and transportation belonging to the United States as he may deem necessary; to furnish, at the expense of the United States, uniforms, subsistence, transportation by the most usual and direct route within such limits as to territory as the Secretary of War may prescribe, and medical supplies to persons receiving instruction at said camps during the period of their attendance thereat, to authorize such expenditures, from proper Army appropriations, as he may deem necessary for water, fuel, light, temporary structures, not including quarters for officers nor barracks for men, screening, and damages resulting from field exercises, and other expenses incidental to the maintenance of said camps, and the theoretical winter instruction in connection therewith; and to sell to persons receiving instruction at said camps, forSales to persons receiving instruction. cash and at cost price plus ten per centum, quartermaster and ordnance property, the amount of such property sold to any one person to be limited to that which is required for his proper equipment. All moneys arising from such sales shall remain available throughout the fiscal year following that in which the sales are made, for the purpose 195 of that appropriation from which the property sold was authorized to be supplied at the time of the sale. The Secretary of War is authorizedInstruction to be given, etc. further to prescribe the courses of theoretical and practical instruction to be pursued by persons attending the camps authorized by this section; to fix the periods during which such camps shall be maintained; to prescribe rules and regulations for the government thereof; and to employ thereat officers and enlisted men of the Regular Army in such numbers and upon such duties as he may designate. Sec. 55. The Enlisted Reserve Corps.— For the purpose ofEnlisted Reserve Corps.Constitution of; purpose. securing an additional reserve of enlisted men for military service with the Engineer, Signal, and Quartermaster Corps and the Ordnance and Medical Departments of the Regular Army, an Enlisted Reserve Corps, to consist of such number of enlisted men of such grade or grades as may be designated by the President from time to time, is hereby authorized, such authorization to be effective on and after the first day of July, nineteen hundred and sixteen. There may be enlisted in the grade or grades hereinbefore specified,Enlistment period, eligibility, etc. for a period of four years, under such rules as may be prescribed by the President, citizens of the United States, or persons who have declared their intentions to become citizens of the United States, subject to such physical, educational, and practical examination as may be prescribed in said rules. For men enlisting in said grade orIssue of certificates. grades certificates of enlistment in the Enlisted Reserve Corps shall be issued by The Adjutant General of the Army, but no such manRequirements. shall be enlisted in said corps unless he shall be found physically, mentally, and morally qualified to hold such certificate and unless he shall be between the ages of eighteen and forty-five years. ThePrivileges, etc., conferred. certificates so given shall confer upon the holders when called into active service or for purposes of instruction and training, and during the period of such active service, instruction, or training, all the authority, rights, and privileges of like grades of the Regular Army. Enlisted men of the Enlisted Reserve Corps shall take precedencePreference when called into active service, etc. in said corps according to the dates of their certificates of enlistment therein and when called into active service or when called out for purposes of instruction or training shall take precedence next below all other enlisted men of like grades in the Regular Army. And the Secretary of War is hereby authorized to issue to membersDistinctive rosette for. of the Enlisted Reserve Corps and to persons who have participated in at least one encampment for the military instruction of citizens, conducted under the auspices of the War Department, distinctive rosettes or knots designed for wear with civilian clothing, and whenever a rosette or knot issued under the provisions of this section shall have been lost, destroyed, or rendered unfit for use without fault or neglect upon the part of the person to whom it is issued, the Secretary of War shall cause a new rosette or knot to be issued to such person without charge therefor. Any person who is not anPunishment for unauthorized wearing, etc. enlisted man of the Enlisted Reserve Corps and shall not have participated in at least one encampment for the military instruction of citizens, conducted under the auspices of the War Department, and who shall wear such rosette or knot shall be guilty of misdemeanor punishable by a fine of not exceeding $300, or imprisonment not exceeding six months, or both. The President is authorized to assign members of the EnlistedAssignment as reserves to Army, etc. Reserve Corps as reserves to particular organizations of the Regular Army, or to organize the Enlisted Reserve Corps, or any part thereof, into units or detachments of any arm, corps, or department in such manner as he may prescribe, and to assign to such units and detachments officers of the Regular Army or of the Officers’ Reserve Corps, herein provided for. To the extent provided from time to time by appropriations thePeriod of training service. Secretary of War may order enlisted men of the Enlisted Reserve 196 Corps to active service for purposes of instruction or training for periods not to exceed fifteen days in any one calendar year: *Provided,**Proviso.* Extension permitted. That, with the consent of such enlisted men and within the limits of funds available for such purposes, such periods of active service may be extended for such number of enlisted men as may be deemed necessary. Enlisted men of the Enlisted Reserve Corps shall receive the payPay, etc., in active service. and allowances of their respective grades, but only when ordered into active service, including the time required for actual travel from their homes to the places to which ordered and return to their homes: *Provided, *That said enlisted men shall not be entitled to retirement*Proviso.* No retirement, etc. or retirement pay, nor shall they be entitled to pensions except for physical disability incurred in line of duty while in active service or while traveling under orders of competent authority to or from designated places of duty. The uniform to be worn by enlisted men of the Enlisted ReserveUniform, etc., to be used. Corps, except corps insignia, shall be the same as prescribed for enlisted men of the Regular Army Reserve, and that in lieu of any money allowance for clothing there shall be issued to each enlisted man of the Enlisted Reserve Corps in time of peace such articles of clothing and equipment as the President may direct: *Provided, *That*Provisos.*To remain property of United States. any clothing or other equipment issued to any enlisted .man of the said corps shall remain the property of the United States, and in case of loss or destruction of any article, the article so lost or destroyed shall be replaced by issue to the enlisted man and the value thereof deducted from any pay due or to become due him, unless it shall be made to appear that such loss or destruction was not due to neglect or other fault on his part: *Provided further, *That any clothingExchanged when unserviceable. or other equipment issued to enlisted men of the Enlisted Reserve Corps which shall have become unserviceable through ordinary wear and tear in the service of the United States shall be received back by the United States and serviceable like articles issued in lieu thereof: *Provided further, *That when enlisted men of the EnlistedAccounting for, on discharge. Reserve Corps shall be discharged or otherwise separated from the service, all arms, equipage, clothing, and other property issued to them shall be accounted for under such regulations as may be prescribed by the Secretary of War. Any enlisted man of the Enlisted Reserve Corps ordered to activeSubject to Army laws, etc., in active service. service or for purposes of instruction or training shall, from the time he is required by the terms of the order to obey the same, be subject to the laws and regulations for the government of the Army of the United States. The Secretary of War is hereby authorized to discharge any enlistedDischarges for cause. member of the Enlisted Reserve Corps when his services shall be no longer required, or when he shall have by misconduct unfitted himself for further service in the said corps: *Provided, *That any enlisted man*Proviso.*Penalty for not complying with orders. of said corps who shall be ordered upon active duty as herein provided and who shall willfully fail to comply with the terms of the order so given him shall, in addition to any other penalty to which he may be subject, forfeit his certificate of enlistment. In time of actual or threatened hostilities the President may orderService with Army in time of war. the Enlisted Reserve Corps, in such numbers and at such times as may be considered necessary, to active service with the Regular Army, and while on such service members of said corps shall exercise commandStatus, pay, etc. appropriate to their several grades and rank in the organizations to which they shall be assigned and shall be entitled to the pay and allowances of the corresponding grades in the Regular Army, with increase of pay for length of service as now allowed by law for the Regular Army: *Provided, *That upon a call by the President for a volunteer*Provisos.*Service with volunteers. force the members of the Enlisted Reserve Corps may be mustered 197 into the service of the United States as volunteers for duty with the Army in the grades held by them in the said corps, and shall beStatus, pay, etc. entitled to the pay and allowances of the corresponding grades in the Regular Army, with increase of pay for length of service, as now provided by law for the Regular Army: *And provided further, *ThatNo vested right to be mustered. enlisted men of the Enlisted Reserve Corps shall not acquire by virtue of issuance of certificates of enlistment to them a vested right to be mustered into the volunteer service of the United States. Sec. 56. Military equipment and instructors at other schools and colleges.—Such arms, tentage, and equipment as theMilitary equipment an d instr uctors at other schools, etc. Secretary of War shall deem necessary for proper military training shall be supplied by the Government to schools and colleges, other than those provided for in section forty-seven of this Act, having a*Ante*, p. 192. course of mditary training prescribed by the Secretary of War and having not less than one hundred physically fit male students above the age of fourteen years, under such rules and regulations as he may prescribe; and the Secretary of War is hereby authorized to detailDetails from Army. such commissioned and noncommissioned officers of the Army to said schools and colleges, other than those provided for in section forty-five and forty-six of this Act, detailing not less than one such officer or noncommissioned officer to each five hundred students under military instruction. Sec. 57. Composition of the militia.— The militia of the UnitedRATIONAL GUARD. Militia. Composition of. States shall consist of all able-bodied male citizens of the United States and all other able-bodied males who have or shall have declared their intention to become citizens of the United States, who shall be more than eighteen years of age and, except as hereinafter provided, not more than forty-five years of age, and said militia shall be divided into three classes, the National Guard, the Naval Militia, and the Unorganized Militia. Sec. 58. Composition of the National Guard.— The NationalNational Guard. Composition of. Guard shall consist of the regularly enlisted militia between the ages of eighteen and forty-five years organized, armed, and equipped as hereinafter provided, and of commissioned officers between the ages of twenty-one and sixty-four years. Sec. 59. Exemptions from militia duty.— The Vice President ofPersons exempt from militia duty. the United States; the officers, judicial and executive, of the Government of the United States and of the several States and Territories; persons in the military or naval service of the United States; customhouse clerks; persons employed by the United States in the transmission of the mail; artificers and workmen employed in the armories, arsenals, and navy yards of the United States; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States, shall be exempt from militia duty without regard to age, and all persons who because of religious belief shall claim exemption from military service, if the conscientious holdingExemptions from combatant service because of religious belief. of such belief by such person shall be established under such regulations as the President shall prescribe, shall be exempted from militia service-in a combatant capacity; but no person so exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant. Sec. 60. Organization of National Guard units.— Except asUnit organizations. otherwise specifically provided herein, the organization of the National Guard, including the composition of all units thereof, shall be the same as that which is or may hereafter be prescribed for the Regular Army, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. And the President may prescribePresident to prescribe. the particular unit or units, as to branch or arm of service, to be maintained in each State, Territory, or the District of Columbia in order to secure a force which, when combined, shall form complete higher tactical units. 198 Sec. 61. Maintenance of other troop s by the States.— NoNATIONAL GUARD.Other State troop forbidden. State shall maintain troops in time of peace other than as authorized in accordance with the organization prescribed under this Act: *Provided, *That nothing contained in this Act shall be construed as*Provisos.*Use in time of peace. limiting the rights of the States and Territories in the use of the National Guard within their respective borders in time of peace: *Provided further, *That nothing contained in this Act shall preventState police, etc. the organization and maintenance of State police or constabulary. Sec. 62. Number of the National Guard.—The number ofNumber required.Basis of Congres sional representation. enlisted men of the National Guard to be organized under this Act within one year from its passage shall be for each State in the proportion of two hundred such men for each Senator and Representative in Congress from such State, and a number to be determined by theYearly increase. President for each Territory and the District of Columbia, and shall be increased each year thereafter in the proportion of not less than fifty per centum until a total peace strength of not less than eight hundred enlisted men for each Senator and Representative in Congress shall have been reached: *Provided, *That in States which have*Provisos.*States with one Representative.Early organization allowed. but one Representative in Congress such increase shall be at the discretion of the President: *Provided further, *That this shall not be construed to prevent any State, Territory, or the District of Columbia from organizing the full number of troops required under this section in less time than is specified in this section, or from maintaining existing organizations if they shall conform to such rules and regulations regarding organization, strength, and armament as the President may prescribe: *And provided further, *That nothing in this Act shallOrganization by State with one Representative. be construed to prevent any State with but one Representative in Congress from organizing one or more regiments of troops, with such auxiliary troops as the President may prescribe; such organizations and members of such organizations to receive all the benefits accruing under this Act under the conditions set forth herein: *Provided further, *Meaning of “Territory.” That the word Territory as used in this Act and in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal Zone, and the militia of the Canal Zone shall be organized under such rules and regulations, not in conflict with the provisions of this Act, as the President may prescribe. Sec. 63. Any corps of Artillery, Cavalry, or Infantry existing inPrivileges of certain existing corps.Vol. 1, p. 271. any of the States on the passage of the Act of May eighth, seventeen hundred and ninety-two, which by the laws, customs, or usages of said States has been in continuous existence since the passage of said Act, under its provisions and under the provisions of section two hundred and thirty-two and sections sixteen hundred and twenty-five to sixteen hundred and sixty, both inclusive, of title sixteen of the Revised Statutes of eighteen hundred and seventy-three, and the Act[R. S., secs. 232, 1625 1660, pp. 37, 285–290](/us/rs/s232/1625/1660/pp37/285–290).Vol. 32, p. 775. of January twenty-first, nineteen hundred and three, relating to the militia, shall be allowed to retain its ancient privileges, subject, nevertheless, to all duties required by law of militia: *Provided, *That*Provisos.*Status of. said organizations may be a part of the National Guard and entitled to all the privileges of this Act, and shall conform in all respects to the organization, discipline, and training of the National Guard in time of war: *Provided further, *That for purposes of training and when onAssignment to higher units. active duty in the service of the United States they may be assigned to higher units, as the President may direct, and shall be subject to the orders of officers under whom they shall be serving. Sec. 64. Assignment of National Guard to brigades and divisions.— Assignment to tactical units. For the purpose of maintaining appropriate organization and to assist in instruction and training, the President may assign the National Guard of the several States and Territories and the District of Columbia to divisions, brigades, and other tactical units, and may detail officers either from the National Guard or the Regular 199 Army to command such units: *Provided, *That where complete unitsNATIONAL GUARD.*Proviso.*Complete units retained. are organized within a State, Territory, or the District of Columbia the commanding officers thereof shall not be displaced under the provisions of this section. Sec. 65. Chiefs of staff of National Guard divisions.—TheDetails for division chiefs of staff. President may detail one officer of the Regular Army as chief of staff and one officer of the Regular Army or the National Guard as assistant to the chief of staff of any division of the National Guard in the service of the United States as a National Guard organization: *Provided,**Proviso.* For tactical divisions. That in order to insure the prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail an officer of the Regular Army to perform the duties of chief of staff for each fully organized tactical division of the National Guard. Sec. 66. Adjutants general of States, and so forth.—TheAdjutants general of States, etc.Returns, etc., from. adjutants general of the States, Territories, and the District of Columbia and the officers of the National Guard shall make such returns and reports to the Secretary of War, or to such officers as he may designate, at such times and in such form as the Secretary of War may from time to time prescribe: *Provided, *That the adjutants general of*Proviso.*Appointment by the President. the Territories and of the District of Columbia shall be appointed by the President with such rank and qualifications as he may prescribe, and each adjutant general for a Territory shall be a citizen of the Territory for which he is appointed. Sec. 67. Appropriation, apportionment, and disbursement of funds for the National Guard.— Apportionment of annual appropriations made for support.*Post*, p. 646. A sum of money shall hereafter be appropriated annually, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the National Guard, including the expense of providing arms, ordnance stores, quartermaster stores, and camp equipage, and all other military supplies for issue to the National Guard, and such other expenses pertaining to said guard as are now or may hereafter be authorized by law. The appropriation provided for in this section shall be apportionedRatio of apportionment. among the several States and Territories under just and equitable procedure to be prescribed by the Secretary of War and in direct ratio to the number of enlisted men in active service in the National Guard existing in such States and Territories at the date of apportionment of said appropriation, and to the District of Columbia, under such regulations as the President may prescribe: *Provided,**Proviso.*Expenses specified. That the sum so apportioned among the several States, Territories, and the District of Columbia, shall be available under such rules as may be prescribed by the Secretary of War for the actual and necessary expenses incurred by officers and enlisted men of the Regular Army when traveling on duty in connection with the National Guard; for the transportation of supplies furnished to the National Guard for the permanent equipment thereof; for office rent and necessary office expenses of officers of the Regular Army on duty with the National Guard; for the expenses of the Militia Bureau, including clerical*Post*, pp. 203, 646. services, now authorized for the Division of Militia Affairs; for expenses of enlisted men of the Regular Army on duty with the National Guard, including quarters, fuel, light, medicines, and medical attendance;To be from general fund only. and such expenses shall constitute a charge against the whole sum annually appropriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned to any particular State, Territory, or the District of Columbia; for the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; for the hiring of horses and draft animals for the use of mounted troops, batteries, and wagons: for forage for the same; and for such other incidental expenses in 200 connection with lawfully authorized encampments, maneuvers, andNATIONAL GUARD. field instruction as the Secretary of War may deem necessary, and for such other expenses pertaining to the National Guard as are now or may hereafter be authorized by law. The governor of each State and Territory and the commanding generalProperty and disbursing officers to be appointed. of the National Guard of the District of Columbia shall appoint, designate, or detail, subject to the approval of the Secretary of War, an officer of the National Guard of the State, Territory, or District of Columbia who shall be regarded as property and disbursingGeneral duties. officer for the United States. He shall receipt and account for all funds and property belonging to the United States in possession of the National Guard of his State, Territory, or District, and shall make such returns and reports concerning the same as may be required by the Secretary of War. The Secretary of War is authorized, on thePayments to, on requisitions. requisition of the governor of a State or Territory or the commanding general of the National Guard of the District of Columbia, to pay to the property and disbursing officer thereof so much of its allotment out of the annual appropriation for the support of the National Guard as shall, in the judgment of the Secretary of War, be necessary for the purposes enumerated therein. He shall render, through the WarAccounting. Department, such accounts of Federal funds intrusted to him for disbursement as may be required by the Treasury Department.Bond required. Before entering upon the performance of his duties as property and disbursing officer he shall be required to give good and sufficient bond to the United States, the amount thereof to be determined by the Secretary of War, for the faithful performance of his duties and for the safe-keeping and proper disposition of the Federal property and funds intrusted to his care. He shall, after having qualified asPay, from general fund. property and disbursing officer, receive pay for his services at a rate to be fixed by the Secretary of War, and such compensation shall be a charge against the whole sum annually appropriated for the support of the National Guard: *Provided, *That when traveling in the*Provisos.*Traveling expenses. performance of his official duties under orders issued by the proper authorities he shall be reimbursed for his actual necessary traveling expenses, the sum to be made a charge against the allotment of theInspection of accounts, etc. State, Territory, or District of Columbia: *Provided further, *That the Secretary of War shall cause an inspection of the accounts and records of the property and disbursing officer to be made by an inspector general of the Army at least once each year: *And providedRules, etc., to be made. further, *That the Secretary of War is empowered to make all rules and regulations necessary to carry into effect the provisions of this section. Sec. 68. Location of units.—The States and Territories shallLocation of units. have the right to determine and fix the location of the units and headquarters of the National Guard within their respective borders: *Provided, *That no organization of the National Guard, members of*Proviso.* Disbandment forbidden without consent of the President. which shall be entitled to and shall have received compensation under the provisions of this Act, shall be disbanded without the consent of the President, nor, without such consent, shall the commissioned or enlisted strength of any such organization be reduced below the minimum that shall be prescribed therefor by the President. Sec. 69. Enlistments in the National Guard.— Hereafter theEnlistments.Active and reserve service. period of enlistment in the National Guard shall be for six years, the first three years of which shall be in an active organization and the remaining three years in the National Guard Reserve, hereinafter provided for, and the qualifications for enlistment shall be the same as those prescribed for admission to the Regular Army: *Provided,**Proviso.*Continuous active service allowed. That in the National Guard the privilege of continuing in active service during the whole of an enlistment period and of reenlisting in said service shall not be denied by reason of anything contained in this Act. 201 Sec. 70. Federal enlistment contract.—Enlisted men in theNATIONAL GUARD.Federal enlistment contracts.Recognition of present enlistment contracts. National Guard of the several States, Territories, and the District of Columbia now serving under enlistment contracts which contain an obligation to defend the Constitution of the United States and to obey the orders of the President of the United States shall be recognized as members of the National Guard under the provisions of this Act for the unexpired portion of their present enlistment contracts. When any such enlistment contract does not contain such obligation,Obligations required. the enlisted man shall not be recognized as a member of the National Guard until he shall have signed an enlistment contract and taken and subscribed to the following oath of enlistment, upon signingOath and contract. which credit shall be given for the period already served under the old enlistment contract: “I do hereby acknowledge to have voluntarilyForm. enlisted this -- day of --------, 19--, as a soldier in the National Guard of the United States and of the State of--------, for the period of three years in service and three years in the reserve, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the State of--------, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and of the governor of the State of--------, and of the officers appointed over me according to law and the rules and articles of war.” Sec. 71. Hereafter all men enlisting for service in the NationalRequired hereafter. Guard shall sign an enlistment contract and take and subscribe to the oath prescribed in the preceding section of this Act. Sec. 72. Discharge of enlisted men from the National Guard.— Discharges of enlisted men. An enlisted man discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is or shall be prescribed for the Regular Army, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the President may prescribe. Sec. 73. Federal oath for National Guard officers.—CommissionedFederal oath for officers.Continuance of present commissions. officers of the National Guard of the several States, Territories, and the District of Columbia now serving under commissions regularly issued shall continue in office, as officers of the National Guard, without the issuance of new commissions: *Provided, *That*Proviso.*Oath required. said officers have taken, or shall take and subscribe to the following oath of office: “I, --------, do solemnly swear that I will support and defend the Constitution of the United States and the constitution of the State of--------, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the governor of the State of --------; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of-------- in the National Guard of the United States and of the State of-------- upon which I am about to enter, so help me God.” Sec. 74. Qualifications for National Guard officers.— PersonsQualifications for commissioned officers, hereafter. hereafter commissioned as officers of the National Guard shall not be recognized as such under any of the provisions of this Act unless they shall have been selected from the following classes and shall have taken and subscribed to the oath of office prescribed in the preceding section of this Act: Officers or enlisted men of the NationalEligibles. Guard; officers on the reserve or unassigned list of the National Guard; officers, active or retired, and former officers of the United States Army, Navy, and Marine Corps; graduates of the United States Military and Naval Academies and graduates of schools, colleges, and universities where military science is taught under the super-202vision of an officer of the Regular Army, and, for the technicalNATIONAL GUARD. branches and staff corps or departments, such other civilians as may be especially qualified for duty therein. Sec. 75. The provisions of this Act shall not apply to any personExaminations required. hereafter appointed an officer of the National Guard unless he first shall have successfully passed such tests as to his physical, moral, and professional fitness as the President shall prescribe. The examinationBoard to determine fitness. to determine such qualifications for commission shall be conducted by a board of three commissioned officers appointed by the Secretary of War from the Regular Army or the National Guard, or both. Sec. 76. Felling of vacancies when drafted into Federal service.— Filling vacancies when drafted into Federal service. All vacancies occurring in any grade of commissioned officers in any organization in the military service of the United States and composed of persons drafted from the National Guard under the provisions of this Act shall be filled by the President, as far as practicable, by the appointment of persons similarly taken from said guard, and in the manner prescribed by law for filling similar vacancies occurring in the volunteer forces. Sec. 77. Elimination and disposition of officers.— At anyDischarge of officers for unfitness.Duties of board to determine. time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers, senior in rank to the officer whose fitness for service shall be under investigation, and if the findings of such board be unfavorable to such officer and be approved by the official authorized to appoint such an officer, he shall be discharged.Other causes. Commissions of officers of the National Guard may be vacated upon resignation, absence without leave for three months, upon the recommendation of an efficiency board, or pursuant to sentence of a court-martial. Officers of said guard rendered surplus by the disbandmentAttached to Reserve. of their organizations shall be placed in the National Guard Reserve. Officers may, upon their own application, be placed in the said reserve. Sec. 78. The National Guard Reserve.— Subject to such rulesNational Guard Reserve.Organization of. and regulations as the President may prescribe, a National Guard Reserve shall be organized in each State, Territory, and the District of Columbia, and shall consist of such organizations, officers, and enlisted men as the President may prescribe, or members thereof maybe assigned as reserves to an active organization of the National Guard: *Provided, *That members of said reserve, when engaged in*Provisos.*Pay when in active training. field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as enlisted men of like grade on the active list of said guard when likewise engaged: *ProvidedRestriction. further, *That, except as otherwise specifically provided in this Act, no commissioned or enlisted reservist shall receive any pay or allowances out of any appropriation made by Congress for National Guard purposes. Sec. 79. Reserve battalions for recruit training.— WhenRecruit training.Reserve battalion for, in time of war. members of the National Guard and the enlisted reserve thereof of any State, Territory, or the District of Columbia shall have been brought into the service of the United States in time of war, there shall be immediately organized, either from such enlisted reserve orAssignment to mobile troops. from the unorganized militia, in such State, Territory, or District, one reserve battalion for each regiment of Infantry or Cavalry, or each nine batteries of Field Artillery, or each twelve companies of Coast Artillery, brought into the service of the United States, and such reserve battalion shall constitute the fourth battalion of any such regiment or twelve companies of Coast Artillery. ReserveConstitution of. battalions shall consist of four companies of such strength as may be prescribed by the President of the United States. When theProvisional units. members of three or more regiments of the National Guard of any 203 State, Territory, or District shall have been brought into the serviceNATIONAL GUARD. of the United States, the reserve battalions of such regiments may be organized into provisional regiments and higher units. If forMaintenance of strength. any reason there shall not be enough voluntary enlistments to keep the reserve battalions at the prescribed strength, a sufficient number of the unorganized militia shall be drafted into the service of the United States to maintain each of such battalions at the proper strength. As vacancies occur from death or other causes in anyFilling vacancies. organization in the service of the United States and composed of men taken from the National Guard, men shall be transferred from the reserve battalions to the organizations in the field so that such organizations may be maintained at war strength. Officers for theAssignment of officers. reserve battalions provided for herein shall be drafted from the National Guard Reserve or Coast Artillery companies of the National Guard or the Officers’ Reserve Corps, such officers to be taken, if practicable, from the States, respectively, in which the battalions shall be organized. Officers and noncommissioned officers returned toDuty if invalided home, etc. their home stations because of their inability to perform active field service may be assigned to reserve battalions for duty, and all soldiers invalided home shall be assigned to and carried on the rolls of reserve battalions until returned to duty or until discharged. Sec. 80. Leaves of absence for cert ain Government employees.— Government employees.Leaves of absence to, while training. All officers and employees of the United States and of the District of Columbia who shall be members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast-defense training ordered or authorized under the provisions of this Act. Sec. 81. Militia Bureau of the War Department.— TheNational Militia Board abolished.Vol. 35, p. 403. National Militia Board created by section eleven of the Act of May twenty-seventh, nineteen hundred and eight, amending section twenty of the Act of January twenty-first, nineteen hundred and three, shall, from the date of the approval of this Act, be abolished. The Militia Division now existing in the War Department shall hereafterMilitia Division made Bureau in War Department.Vol. 32, p. 775.*Ante*, p. 92. be known as the Militia Bureau of said department, shall, like other bureaus of said department, be under the immediate supervision of the Secretary of War, and shall not form a part of any other bureau, office, or other organization, but the Chief of the Militia Bureau shall be ex officio a member of the General Staff Corps: *Provided,**Proviso.*Assignment of National Guard officers to, etc. That the President may, in his discretion, assign to duty in the Militia Bureau as assistants to the chief thereof not to exceed one colonel and one lieutenant colonel of the National Guard, for terms of four years, and any such officer while so assigned shall, subject to such regulations as the President may prescribe, receive out of the whole fund appropriated for the support of the militia the pay and allowances of a Regular Army officer having the same rank and length of service as said National Guard officer, whose prior service in the Organized Militia shall be counted in ascertaining his rights under this proviso. Sec. 82. Armament, equipm ent, and uniform of the National Guard.— Armament, etc., to be same as Army. The National Guard of the United States shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniforms, arms, and equipments as are or shall be provided for the Regular Army. Sec. 83. The Secretary of War is hereby authorized to procure,Arms, etc., for field service to be purchased and issued.*Post*, p. 647. under such regulations as the President may prescribe, by purchase or manufacture, within the limits of available appropriations made by Congress, and to issue from time to time to the National Guard, upon requisition of the governors of the several States and Territories or the commanding general of the National Guard of the District of 204 Columbia, such number of United States service arms, with allNATIONAL GUABD. accessories, field- artillery matériel, engineer, coast artillery, signal, and sanitary matériel, accouterments, field uniforms, clothing, equipage, publications, and military stores of all kinds, including public animals, as are necessary to arm, uniform, and equip for field service the National Guard in the several States, Territories, and the District of Columbia: *Provided, *That as a condition precedent to the*Provisos.*Protection, care, etc., required. issue of any property as provided for by this Act, the State, Territory, or the District of Columbia desiring such issue shall make adequate provision, to the satisfaction of the Secretary of War, for the protection and care of such property: *Provided further, *That, whenever itPurchases from Army supply departments.Conditions authorizing. shall be shown to the satisfaction of the Secretary of War that the National Guard of any State, Territory, or the District of Columbia, is properly organized, armed, and equipped for field service, funds allotted to that State, Territory, or District for the support of its National Guard may be used for the purchase, from the War Department, of any article issued by any of the supply departments of the Army. Sec. 84. Under such regulations as the President may prescribe,New type of equipment, etc., to be furnished without charge. whenever a new type of equipment, small arm, or field gun shall have been issued to the National Guard of the several States, Territories, and the District of Columbia, such equipment, small arms, and field guns, including all accessories, shall be furnished without charging the cost or value thereof or any expense connected therewith against the appropriations provided for the support of the National Guard. Sec. 85. Each State, Territory, and the District of Columbia shall,Replacing prior, etc., issues. on the receipt of new property issued to replace obsolete or condemned prior issues, turn in to the War Department or otherwise dispose of, in accordance with the directions of the Secretary of War, all property so replaced or condemned, and shall not receive any money credit therefor. Sec. 86. Any State, Territory, or the District of Columbia may,Cash purchases allowed States, etc., from Army stores. with the approval of the Secretary of War, purchase for cash from the War Department for the use of the National Guard, including the officers thereof, any stores, supplies, material of war, and military publications furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they shall be listed to the Army, with cost of transportation added. The funds received from such sale shall be credited to the appropriation to which they shall belong, shall not be covered into the Treasury, and shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized: *Provided, *That stores,*Proviso.*Maybe requisitioned in time of war. supplies, and materiel of war so purchased by a State, Territory, or the District of Columbia may, in time of actual or threatened war, be requisitioned by the United States for use in the military service thereof, and when so requisitioned by the United States and delivered credit for the ultimate return of such property in kind shall be allowed to such State, Territory, or the District of Columbia. Sec. 87. Disposition and replacement of damaged property, and so forth.— Damaged, etc., property. All military property issued to the National Guard as herein provided shall remain the property of the United States. Whenever any such property issued to the National Guard in anyReport, etc., by surveying officer. State or Territory or the District of Columbia shall have been lost, damaged, or destroyed, or become unserviceable or unsuitable by use in service or from any other cause, it shall be examined by a disinterested surveying officer of the Regular Army or the National Guard, detailed by the Secretary of War, and the report of such surveying officer shall be forwarded to the Secretary of War, or to such officer as he shall designate to receive such reports; and if itCredit allowed. shall appear to the Secretary of War from the record of survey that the property was lost, damaged, or destroyed through unavoidable 205 causes, he is hereby authorized to relieve the State or Territory orNATIONAL GUARD. the District of Columbia from further accountability therefor. If itPayment for loss, if due to carelessness, etc. shall appear that the loss, damage, or destruction of property was due to carelessness or neglect, or that its loss, damage, or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged to the accountable State, Territory, or District of Columbia, to be paid from State, Territory, or District funds, or any funds other than Federal. If theDisposal, etc., of unserviceable articles. articles so surveyed are found to be unserviceable or unsuitable, the Secretary of War shall direct what disposition, by sale or otherwise, shall be made of them; and if sold, the proceeds of such sale, as well as stoppages against officers and enlisted men, and the net proceeds of collections made from any person or from any State, Territory, or District to reimburse the Government for the loss, damage, or destruction of any property, shall be deposited in the Treasury of the United States as a credit to said State, Territory, or the DistrictAllowance for. of Columbia, accountable for said property, and as a part of and in addition to that portion of its allotment set aside for the purchase of similar supplies, stores, or material of war: *Provided further, *That ifRefusal to pay for loss, etc., a bar to future allotments. any State, Territory, or the District of Columbia shall neglect or refuse to pay, or to cause to be paid, the money equivalent of any loss, damage, or destruction of property charged against such State, Territory, or the District of Columbia by the Secretary of War after survey by a disinterested officer appointed as hereinbefore provided, the Secretary of War is hereby authorized to debar such State, Territory, or the District of Columbia from further participation in any and all appropriations for the National Guard until such payment shall have been made. Sec. 88. The net proceeds of the sale of condemned stores issuedProceeds from condemned stores not charged to State allotments. to the National Guard and not charged to State allotments shall be covered into the Treasury of the United States, as shall also stoppages against officers and enlisted men, and the net proceeds of collections made from any person to reimburse the Government for the loss, damage, or destruction of said property not charged against the State allotment issued for the use of tnfe National Guard. Sec. 89. Horses for Cavalry and Field Artillery of National Guard.— Purchase of horses. Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of horses conforming to the Regular Army standards for the use of Field Artillery and Cavalry of the National Guard, said horses to remain the property of the United States and to be used solely for military purposes. Horses so purchased may be issued not to exceed thirty-two to anyRegulations for issue, etc. one battery or troop, under such regulations as the Secretary of War may prescribe; and the Secretary of War is further authorized to issue, in lieu of purchase, for the use of such organizations, condemned Army horses which are no longer fit for service, but which may be suitable for the purposes of instruction, such horses to be sold as now provided by law when said purposes shall have been served. Sec. 90. Funds allotted by the Secretary of War for the support ofCare, etc. the National Guard shall be available for the purchase and issue of forage, bedding, shoeing, and veterinary services, and supplies for the Government horses issued to any battery or troop, and for the compensation of competent help for the care of the material, animals, and equipment thereof, under such regulations as the Secretary of War may prescribe: *Provided, *That the men to be compensated,*Proviso.*Payment to men detailed. not to exceed five for each battery or troop, shall be duly enlisted therein and shall be detailed by the battery or troop commander, under such regulations as the Secretary of War may prescribe, and 206 shall be paid by the United States disbursing officer in each State, Territory, and the District of Columbia. Sec. 91. Discipline to conform to that of Regular Army.— Discipline to conform to Army system, etc. The discipline (which includes training) of the National Guard shall conform to the system which is now or may hereafter be prescribed for the Regular Army, and the training shall be carried out by the several States, Territories, and the District of Columbia so as to conform to the provisions of this Act. Sec. 92. Training of the National Guard.— Each company,Training. Yearly drill, etc., required. troop, battery, and detachment in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year, and shall, in addition thereto, participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least fifteen days in training each year, including target practice, unless such company, troop, battery, or detachment shall have been excused from participation in any part thereof by the Secretary of War: *Provided, *That credit for an assembly*Proviso.*Minimum practice period. for drill or for indoor target practice shall not be given unless the number of officers and enlisted men present for duty at such assembly shall equal or exceed a minimum to be prescribed by the President, nor unless the period of actual military duty and instruction participated in by each officer and enlisted man at each such assembly at which he shall be credited as having been present shall be of at least one and one-half hours’ duration and the character of training such as may be prescribed by the Secretary of War. Sec. 93. Inspections of the National Guard.— The SecretaryInspection by Army officers. of War shall cause an inspection to be made at least once each year by inspectors general, and if necessary by other officers, of the Regular Army, detailed by him for that purpose, to determine whetherDetails required. the amount and condition of the property in the hands of the National Guard is satisfactory; whether the National Guard is organized as hereinbefore prescribed; whether the officers and enlisted men possess the physical and other qualifications prescribed; whether the organization and the officers and enlisted men thereof are sufficiently armed, uniformed, equipped, and being trained and instructed for active duty in the field or coast defense, and whether the records are being kept in accordance with the requirements of this Act. The reportsReports. of such inspections shall serve as the basis for deciding as to the issue to and retention by the National Guard of the military property provided for by this Act, and for determining what organizations and individuals shall be considered as constituting parts of the National Guard within the meaning of this Act. Sec. 94. Encampments and maneuvers.— Under such regulationsEncampments and maneuvers.Participation in Army, etc.*Post*, pp. 226, 645. as the President may prescribe the Secretary of War is authorized to provide for the participation of the whole or any part of the National Guard in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, either independently or in conjunction with any part of the Regular Army, and there may be set aside from the funds appropriated for thatAllotment for expenses. purpose and allotted to any State, Territory, or the District of Columbia, such portion of said funds as may be necessary for the payment, subsistence, transportation, and other proper expenses of such portion of the National Guard of such State, Territory, or the District of Columbia as shall participate in such encampments, maneuvers, or other exercises, including outdoor target practice, for field and coast-defense instruction; and the officers and enlisted men of such National Guard while so engaged shall be entitled to the same pay, subsistence, and transportation as officers and enlistedPay, etc. men of corresponding grades of the Regular Army are or hereafter may be entitled by law. 207 Sec. 95. When any part of the National Guard participates inNATIONAL GUARD.Command to be retained by Army officer. encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction at a United States military post, or reservation, or elsewhere, if in conjuction with troops of the United States, the command of such military post or reservation and of the officers and troops of the United States on duty there or elsewhere shall remain with the commander of the United States troops without regard to the rank of the commanding or other officer of the National Guard temporarily engaged in the encampments, maneuvers, or other exercises. Sec. 96. Use of Regular Army personnel.—The Secretary ofDetail of Army personnel for instruction at camps, etc.*Post*, pp. 226,645. War may detail one or more officers and enlisted men of the Regular Army to attend any encampment, maneuver, or other exercise for field or coast-defense instruction of the National Guard, who shall give such instruction and information to the officers and men assembled for such encampment, maneuver, or other exercise as may be directed by the Secretary of War or requested by the governor or by the commanding officer of the National Guard there on duty. Sec. 97. Under such regulations as the President may prescribe theNational Guard instruction camps. Secretary of War may provide camps for the instruction of officers and enlisted men of the National Guard. Such camps shall be conductedConduct of. by officers of the Regular Army detailed by the Secretary of War for that purpose, and may be located either within or without the State, Territory, or District of Columbia to which the members of the National Guard designated to attend said camps shall belong. Officers and enlisted men attending such camps shall be entitled toPay, etc., for attending. pay and transportation, and enlisted men to subsistence in addition, at the same rates as for encampments or maneuvers for field or coast-defense instruction. Sec. 98. When any portion of the National Guard shall participatePayment to be made any time after muster. in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, under the provisions of this Act, it may, after being duly mustered, be paid at any time after such muster for the period from the date of leaving the home rendezvous to date of return thereto as determined in advance, both dates inclusive; and such payment, if otherwise correct, shall pass to the credit of the disbursing officer making the same. Sec. 99. National Guard officers and men at service schools, and so forth.— Instruction at Army service schools. Under such regulations as the President may prescribe, the Secretary of War may, upon the recommendation of the governor of any State or Territory or the commanding general of the National Guard of the District of Columbia, authorize a limited number of selected officers or enlisted men of the National Guard to attend and pursue a regular course of study at any military service school of the United States, except the United States Military Academy; or to be attached to an organization of the same arm,At military posts. corps, or department to which such officer or enlisted man shall belong, for routine practical instruction at or near an Army post during a period of field training or other outdoor exercises; and suchPay, etc. officer or enlisted man shall receive, out of any National Guard allotment of funds available for the purpose, the same travel allowances and quarters, or commutation of quarters, and the same pay, allowances, and subsistence to which an officer or enlisted man of the Regular Army would be entitled for attending such school, college, or practical course of instruction under orders from proper military authority, while in actual attendance at such school, college, or practical course of instruction: *Provided, *That in no case shall*Proviso.*Pay limit. the pay and allowances authorized by this section exceed those of a captain. 208 Sec. 100. Detail of officers of Regular Army to duty withNATIONAL GUARD.Details to be made from Army.Officers. the National Guard.—The Secretary of War shall detail officers of the active list of the Army to duty with the National Guard in each State, Territory, or District of Columbia, and officers so detailed may accept commissions in the National Guard, with the permission of the President and terminable in his discretion, without vacating their commissions in the Regular Army or being prejudiced in their relative or lineal standing therein. The Secretary of WarEnlisted men. may, upon like application, detail one or more enlisted men of the Regular Army with each State, Territory, or District of Columbia for duty in connection with the National Guard. But nothing in thisRetired officers. section shall be so construed as to prevent the detail of retired officers as now provided by law. Sec. 101. National Guard, when subject to laws governing Regular Army.— When in service subject to Army laws and regulations. The National Guard when called as such into the service of the United States shall, from the time they are required by the terms of the call to respond thereto, be subject to the laws and regulations governing the Regular Army, so far as such laws and regulations are applicable to officers and enlisted men whose permanent retention in the military service, either on the active list or on the retired list, is not contemplated by existing law. Sec. 102. System of courts-martial for National Guard.— Courts-martial.Constitution, authority, etc. Except in organizations in the service of the United States, court-martial in the National Guard shall be of three kinds, namely, general courts-martial, special courts-martial, and summary courts-martial. They shall be constituted like, and have cognizance of the same subjects, and possess like powers, except as to punishments, as similar courts provided for by the laws and regulations governing the Army of the United States, and the proceedings of courts-martial of the National Guard shall follow the forms and modes of procedure prescribed for said similar courts. Sec. 103. General courts-martial of the National Guard not in theGeneral.Authority for convening. service of the United States may be convened by orders of the President, or of the governors of the respective States and Territories, or by the commanding general of the National Guard of the District of Columbia, and such courts shall have the power to imposePowers, etc. fines not exceeding $200; to sentence to forfeiture of pay and allowances; to a reprimand; to dismissal or dishonorable discharge from the service; to reduction of noncommissioned officers to the ranks; or any two or more of such punishments may be combined in the sentences imposed by such courts. Sec. 104. In the National Guard, not in the service of the UnitedSpecial.Authority for convening. States, the commanding officer of each garrison, fort, post, camp, or other place, brigade, regiment, detached battalion, or other detached command, may appoint special courts-martial for his command; but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable. Special courts-martialPowers, etc. shall have power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States, and such special courts-martial shall have the same powers of punishment as do general courts-martial, except that fines imposed by such courts shall not exceed $100. Sec. 105. In the National Guard, not in the service of the UnitedSummary.Authority for convening. States, the commanding officer of each garrison, fort, post, or other place, regiment or corps, detached battalion, company, or other detachment of the National Guard may appoint for such place or command a summary court to consist of one officer, who shall havePowers, etc. power to administer oaths and to try the enlisted men of such place or command for breaches of discipline and violations of laws governing such organizations; and said court, when satisfied of the guilt of 209 such soldier, may impose fines not exceeding $25 for any singleNATIONAL GUARD. offense; may sentence noncommissioned officer to reduction to the ranks; may sentence to forfeiture of pay and allowances. The proceedings of such court shall be informal, and the minutes thereof shall be the same as prescribed for summary courts of the Army of the United States. Sec. 106. All courts-martial of the National Guard, not in theSentences to confinement in lieu of fines. service of the United States, including summary courts, shall have power to sentence to confinement in lieu of fines authorized to be imposed: *Provided, *That such sentences of confinement shall not*Proviso.*Limit. exceed one day for each dollar of fine authorized. Sec. 107. No sentence of dismissal from the service or dishonorableApproval of dismissal, etc. discharge, imposed by a National Guard court-martial, not in the service of the United States, shall be executed until approved by the governor of the State or Territory concerned, or by the commanding general of the National Guard of the District of Columbia. Sec. 108. In the National Guard, not in the service of the UnitedPower for arrests, subpoenas, etc. States, presidents of courts-martial and summary court officers shall have power to issue warrants to arrest accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue subpoenas and subpoenas duces tecum and to enforce by attachment attendance of witnesses and the production of books and papers, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. All processes and sentences of said courts shall be executed by suchExecution of process, etc. civil officers as may be prescribed by the laws of the several States and Territories, and in any State where no provision shall have been made for such action, and in the Territories and the District of Columbia, such processes and sentences shall be executed by a United States marshal or his duly appointed deputy, and it shall be the duty of any United States marshal to execute all such processes and sentences and make return thereof to the officer issuing or imposing the same. Sec. 109. Pay for National Guard officers.— Certain commissionedPay to certain officers for services. officers on the active list belonging to organizations of the National Guard of each State, Territory, and the District of Columbia participating in the apportionment of the annual appropriation for the support of the National Guard shall receive compensation for their services, except during periods of service for which they may becomeException. lawfully entitled to the same pay as officers of corresponding grades of the Regular Army, as follows, not to include longevity pay: A captainRatings. $500 per year and the same pay shall be paid to every officer of higher rank than that of captain, a first lieutenant $240 per year, and a second lieutenant $200 per year. Regulations to be prescribed byDetermination of. the Secretary of War shall determine the amount and character of service that must be rendered by officers to entitle them to the whole or specific parts of the maximum pay hereinbefore authorized: *Provided,**Proviso.*Staff, etc., officers. That all staff officers, aids-de-camp, and chaplains shall receive not to exceed one-half of the pay of a captain, except that regimental adjutants, and majors and captains in command of machinegun companies, ambulance companies, field hospital companies, or sanitary troops shall receive the pay hereinbefore authorized for a captain. Sec. 110. Pay for National Guard enlisted men.— Each enlistedEnlisted men.Pay for services. man on the active list belonging to an organization of the National Guard of a State, Territory, or the District of Columbia, participating in the apportionment of the annual appropriation for the support of the National Guard, shall receive compensation for his services, 210 except during periods of service for which he may become lawfullyNATIONAL GUARD. entitled to the same pay as an enlisted man of corresponding grade in the Regular Army, at a rate equal to twenty-five per centum of the initial pay now provided by law for enlisted men of corresponding grades of the Regular Army: *Provided, *That such enlisted man shall*Provisos.*Attendance at drills, etc., required. receive the compensation herein provided if he shall have attended not less than forty-eight regular drills during any one year, and a proportionate amount for attendance upon a lesser number of such drills, not less than twenty-four; and no such enlisted man shall receive any part of said compensation except as authorized by this proviso and the three provisos next following: *ProvidedProportional computation. further, *That the compensation provided herein shall be computed for semiannual periods, beginning the first day of January and the first day of July of each year, in proportion to the number of drills attended; and no compensation shall be paid to any enlisted man for the first semiannual period of any year unless he shall have attended during said period at least twenty-four drills, but any lesser number of drills attended during said period shall be reckoned with the drills attended during the second semiannual period in computing the compensation, if any, due him for that year: *Provided further,*Compensation for part of first year. That when any man enters into an enlistment other than an immediate reenlistment he shall be entitled to proportional compensation for that year if during the remainder of the year he shall attend a number of drills whose ratio to twenty-four is not less than the ratio of the part of the year so served to the whole year; and when any man’s enlistment shall expire the compensation, if any, to which he may be entitled shall be determined in like manner: *Provided further,*Other duty accepted in lieu of drills. That periods of any actual military duty equivalent to the drills herein prescribed (except those periods of service for which members of the National Guard may become lawfully entitled to the same pay as officers and enlisted men of the corresponding grades in the Regular Army) may be accepted as service in lieu of such drills when so provided by the Secretary of War. All amounts appropriated for the purpose of this and the lastDisbursements and accounting. preceding section shall be disbursed and accounted for by the officers and agents of the Quartermaster Corps of the Army, and all disbursements under the foregoing provisions of this section shall be made as soon as practicable after the thirty-first day of December and the thirtieth day of June of each year upon pay rolls prepared and authenticated in the manner to be prescribed by the Secretary of War: *Provided, *That stoppages may be made against the compensation*Proviso.*Stoppages. payable to any officer or enlisted man hereunder to cover the cost of public property lost or destroyed by and chargeable to such officer or enlisted man. Except as otherwise specifically provided herein, no money appropriatedPersons not entitled to pay. under the provisions of this or the last preceding section shall be paid to any person not on the active list, nor to any person over sixty-four years of age, nor to any person who shall fail to qualify as to fitness for military service under such regulations as the Secretary of War shall prescribe, nor to any State, Territory, or District, orAbsence of statutory provisions. officer or enlisted man in the National Guard thereof, unless and until such State, Territory, or District provides by law that staff officers, including officers of the Pay, Inspection, Subsistence, and Medical Departments, hereafter appointed shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the militia of such State. Territory, or District: *Provided further, *That*Proviso.* 211 the preceding proviso shall not apply to any State, Territory, orNATIONAL GUARD.Time allowed for State, etc., legislation. District until sixty days next after the adjournment of the next session of its legislature held after the approval of this Act. Sec. 111. National Guard when drafted into Federal service.— Use when drafted into military service in time of war.*Post*, p. 339. When Congress shall have authorized the use of the armed land forces of the United States, for any purpose requiring the use of troops in excess of those of the Regular Army, the President may, under such regulations, including such physical examination, as he may prescribe, draft into the military service of the United States, to serve therein for the period of the war unless sooner discharged, any or all members of the National Guard and of the National Guard Reserve. All persons so drafted shall, from the date of their draft,To become part of Army. stand discharged from the militia, and shall from said date be subject to such laws and regulations for the government of the Army of the United States as may be applicable to members of the Volunteer Army, and shall be embodied in organizations corresponding as far as practicable to those of the Regular Army or shall be otherwise assigned as the President may direct. The commissioned officers ofAppointment of officers. said organizations shall be appointed from among the members thereof, officers with rank not above that of colonel to be appointed by the President alone, and all other officers to be appointed by the President by and with the advice and consent of the Senate. OfficersTo receive Army pay, etc. and enlisted men in the service of the United States under the terms of this section shall have the same pay and allowances as officers and enlisted men of the Regular Army of the same grades and the same prior service. Sec. 112. Rights to pensions.— When any officer or enlisted manPension laws made applicable. of the National Guard drafted into the service of the United States in time of war is disabled by reason of wounds or disability received or incurred while in the active service of the United States in time of war, he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer or enlisted man dies in the active service of the United States in time of war or in returning to his place of residence after being mustered out of such service, or at any other time in consequence of wounds or disabilities received in such active service, his widow and children, if any, shall he entitled to all the benefits of such pension laws. Sec. 113. Encouragement of rifle practice.—The SecretaryRifle practice.Annual estimates, etc., to be submitted for. of War shall annually submit to Congress recommendations and estimates for the establishment and maintenance of indoor and outdoor rifle ranges, under such a comprehensive plan as will ultimately result in providing adequate facilities for rifle practice in all sections of theFor general use. country. And that all ranges so established and all ranges which may have already been constructed, in whole or in part, with funds provided by Congress shall be open for use by those in any branch of the military or naval service of the United States and by all able-bodied males capable of bearing arms, under reasonable regulations to be prescribed by the controlling authorities and approved by the Secretary of War. That the President may detail capable officersInstructors, arms, etc., to be furnished. and noncommissioned officers of the Regular Army and National Guard to duty at such ranges as instructors for the purpose of training the citizenry in the use of the military arm. Where rifle ranges shall have been so established and instructors assigned to duty thereat, the Secretary of War shall be authorized to provide for the issue of a reasonable number of standard military rifles and such quantities of ammunition as may be available for use in conducting such rifle practice. Sec. 114. Temporary vacancies in Regular Army due to details to the National Guard.— Temporary promotions in Army due to details to National Guard. In time of war the temporary vacancies created in any grade not above that of colonel among the commissioned personnel of any arm, staff corps, or department of 212 the Regular Army, through appointments of officers thereof to higherNATIONAL GUARD. rank in organizations composed of members taken from the National Guard, shall be filled by temporary promotions according to seniority in rank from officers holding commissions in the next lower grade in said arm, staff corps, or department, and all vacancies created in any grade by such temporary promotions shall be in like manner filled from, and thus create temporary vacancies in, the next lower grade, and the vacancies that shall remain thereafter in said arm, staff corps, or department and that can not be filled by temporary promotions, as prescribed in this section, may be filled by the temporary appointment of officers of such number and grade or grades as shall maintain said arm, corps, or department at the full commissioned strength authorized by law: *Provided, *That in the staff corps and departments*Provisos.*Staff details. subject to the provisions of sections twenty-six and twenty-seven of the Act of February second, nineteen hundred and one, and Acts amendatory thereof, temporary vacancies that can not be filled by temporary promotions as hereinbefore prescribed shall be filled by temporary details in the manner prescribed in said sectionsVol. 31, p. 755. twenty-six and twenty-seven, and Acts amendatory thereof, and the resulting temporary vacancies in the branches of the Army from which the details shall be so made shall be filled as hereinbefore in this section prescribed: *Provided further, *That officers temporarilyTerms limited. promoted or appointed under the terms of this section shall be promoted or appointed by the President, by and with the advice and consent of the Senate, for terms that shall not extend beyond the war or the passing of the emergency for which additional forces were brought into the military service of the United States, and at the termination of the war or the passing of the emergency said officers shall be discharged from the positions held by them under their temporary commissions or appointments, and officers detailed as herein authorized shall be relieved from their temporary details: *And provided further, *That officers temporarily promoted under thePermanent status not affected. provisions of this section shall not vacate their permanent commissions nor be prejudiced in their relative or lineal standing in the Regular Army. Sec. 115. Physical examination.— Every officer and enlistedPhysical examinations.When mustered in. man of the National Guard who shall be called into the service of the United States as such shall be examined as to his physical fitness under such regulations as the President may prescribe without further commission or enlistment: *Provided, *That immediately preceding*Proviso.*At discharge. the muster out of an officer or enlisted man called into the active service of the United States he shall be physically examined under rules prescribed by the President of the United States, and the record thereof shall be filed and kept in the War Department. Sec. 116. Noncompliance with Federal Act.— Whenever anyStates debarred from benefits if failing to comply with requirements. State shall, within a limit of time to be fixed by the President, have failed or refused to comply with or enforce any requirement of this Act, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of War, the National Guard of such State shall be debarred, wholly or in part, as the President may direct, from receiving from the United States any pecuniary or other aid, benefit, or privilege authorized or provided by this Act or any other law. Sec. 117. Applicable to land forces only.— The provisions ofApplicable to land forces only. this Act in respect to the militia shall be applicable only to militia organized as a land force and not to the Naval Militia, which shall consist of such part of the militia as may be prescribed by the President for each State, Territory, or District: *Provided, *That each State,*Proviso.*Naval Militia credited to quota.*Post*, p. 593. Territory, or District maintaining a Naval Militia as herein prescribed may be credited to the extent of the number thereof in the quota that*Ante*, p. 198. would otherwise be required by section sixty-two of this Act. 213 Sec. 118. Necessary rules and regulations.— The PresidentNATIONAL GUARD.Rules, etc., io be issued. shall make all necessary rules and regulations and issue such orders as may be necessary for the thorough organization, discipline, and government of the militia provided for in this Act. Sec. 119. Annual estimates required.— The Secretary of WarAnnual estimates required. shall cause to be estimated annually the amount necessary for carrying out the provisions of so much of this Act as relates to the militia, and no money shall be expended under said provisions except as shall from time to time be appropriated for carrying them out. Sec. 120. Purchase or procurement of military supplies in time of actual or imminent war.— Military supplies.Purchases authorized from manufacturers in time of war. The President, in time of war or when war is imminent, is empowered, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, company, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry. Compliance with all such orders for products or material shall beOrders obligatory, to have precedence, etc. obligatory on any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof and shall take precedence over all other orders andPossession to be taken if plants refuse, etc., orders. contracts theretofore placed with such individual, firm, company, association, corporation, or organized manufacturing industry, andRegular ammunition plants. any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any plant equipped for the manufacture of arms or ammunition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any manufacturing plant, which, in the opinion of the Secretary of War shall be capable of being readily transformed into a plant for the manufacturePlants capable of manufacturing arms, etc. of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall refuse to give to the United States such preference in the matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammunition, or other supplies or equipment, at a reasonable price as determined by the Secretary of War, then, and in either such case, the President,Operation by Army Ordnance Department. through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or when war shall be imminent, such product or material as may be required, and any individual, firm, company, association, orPunishment for noncompliance. corporation, or organized manufacturing industry, or the responsible head or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000. The compensation to be paid to any individual, firm, company,Compensation for products, etc. association, corporation, or organized manufacturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. 214 The Secretary of War shall also make, or cause to be made, a completePrivate arms and munition plants to be listed.Information required. list of all privately owned plants in the United States equipped to manufacture arms or ammunition, or the component parts thereof. He shall obtain full and complete information regarding the kind of arms or ammunition, or the component parts thereof, manufactured or that can be manufactured by each such plant, the equipment in each plant, and the maximum capacity thereof. He shall also prepare,Plants which can manufacture arms, etc. or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into ammunition factories in time of war or when war shall be imminent; and as to all such plants the Secretary of War shall obtain full and complete information as to the equipment of each such plant, and he shall prepare comprehensivePlans for transforming, etc., to be made. plans for transforming each such plant into an ammunition factory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted. The President is hereby authorized, in his discretion, to appoint aBoard on Mobilization of Industries Essential for Military Preparedness.Appointment, etc. Board on Mobilization of Industries Essential for Military Preparedness, nonpartisan in character, and to take all necessary steps to provide for such clerical assistance as he may deem necessary to organize and coordinate the work hereinbefore described. Sec. 121. Investigation as to Government manufacture of arms, and so forth.— Government manufacture of arms, etc.Board to investigate feasibility, etc. The Secretary of War is hereby authorized to appoint a board of five citizens, two of whom shall be civilians and three of whom shall be officers of the Army, to investigate and reportDetails to be reported. to him the feasibility, desirability, and practicability of the Government manufacturing arms, munitions, and equipment, showing in said report the comparative prices of the arms, munitions, and equipment manufactured in Government plants and those manufactured in private plants, the amount of money necessary to build and operate Government plants for the manufacture of arms, munitions, and equipment; showing also what the Government plants and arsenals are now doing in the way of manufacturing arms, munitions, and equipment, and what saving has accrued to the Government by reason of' its having manufactured a large part of its own arms, munitions, and equipment for the last four years. And the Secretary of War is herebyReport to Congress. directed to transmit said report to Congress on or before January first, nineteen hundred and seventeen. Sec. 122. Investigation concerning medals of honor.— Medals of honor.Board authorized to investigate past issues, etc. A board to consist of five general officers on the retired list of the Army shall be convened by the Secretary of War, within sixty days after the approval of this Act, for the purpose of investigating and reporting upon past awards or issues of the so-called congressional medal of honor by or through the War Department; this with a view to ascertain what medals of honor, if any, have been awarded or issued for any cause other than distinguished conduct by an officer or enlisted man in action involving actual conflict with an enemy by such officer or enlisted man or by troops with which he was serving at the time of such action. And in any case in which said board shall find andNames to be stricken off if improperly issued, etc. report that said medal was issued for any cause other than that hereinbefore specified the name of the recipient of the medal so issued shall be stricken permanently from the official medal of honor list. It shall be a misdemeanor for him to wear or publicly display said medal, and, if he shall still be in the Army, he shall be required to return said medal to the War Department for cancellation. Said board shall have full and free access to and use of all records pertaining to the award or issue of medals of honor by or through the War Department. The actual and necessary expenses of said board and its members shall beExpenses. paid out of any appropriations available for contingent expenses of the Army of the War Department. 215 Sec. 123. Procurement of gauges, dies, jigs, and so forth, necessary for manufacture of arms, and so forth.— Manufacture of arms, etc., for immediate use.Tools, gauges, etc., to be procured. The Secretary of War be, and he is hereby, authorized to prepare or cause to be prepared, to purchase or otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings, as may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and special equipment necessary to arm and equip the land forces likely to be required by the United States in time of war: *Provided, *That in the expenditure of any sums appropriated*Proviso.*Discretionary use of expenditures. to carry out the purposes of this section the existing laws prescribing competition in the procurement of supplies by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service. Sec. 124. Nitrate supply.— The President of the United States isNitrate supply.Investigation to determine means for production of. hereby authorized and empowered to make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or anyExclusive use of hydroelectric sites. other power as in his judgment is the best and cheapest to use; and is also hereby authorized and empowered to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for carrying out the purposes of this Act; and is further authorizedConstruction of ¡ plants, etc. to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. The President is authorized to lease, purchase, or acquire, by condemnation,Acquirement of ¡ lands, etc. gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants, and to take from any lands of the United States, or to purchase orMinerals, processes, etc. acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. The products of such plants shall be used by the President forGovernment use of products. military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall beDisposal of surplus. sold and disposed of by him under such regulations as he may prescribe. The President is hereby authorized and empowered to employ suchOfficers, employees, etc., authorized. officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof. The sum of $20,000,000 is hereby appropriated, out of any moneysAppropriation. in the Treasury not otherwise appropriated, available until expended, to enable the President of the United States to carry out the purposes herein provided for. The plant or plants provided for under this Act shall be constructedOperation solely by the Government. and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. In order to raise the money appropriated by this Act and necessaryUse of Panama bonds for funds. to carry its provisions into effect, the Secretary of the Treasury, upon the request of the President of the United States, may issue and sell, 216 or use for such purpose or construction hereinabove authorized, any of the bonds of the United States now available in the Treasury of the United States under the Act of August fifth, nineteen hundred andVol. 36, pp. 117, 192, 1013. nine, the Act of February fourth, nineteen hundred and ten, and the Act of March second, nineteen hundred and eleven, relating to the issue of bonds for the construction of the Panama Canal, to a total amount not to exceed $20,000,000: *Provided, *That any Panama Canal*Proviso.*Redemption period modified. bonds issued and sold or used under the provisions of this section may be made payable at such time after issue as the Secretary of the Treasury, in his discretion, may deem advisable, and fix, instead of fifty years after date of issue, as in said Act of August fifth, nineteen hundred and nine, not exceeding fifty years. Sec. 125. Protection of the uniform.— It shall be unlawful forUniform of Army, Navy, and Marine Corps.Unauthorized wearing of, unlawful.*Post*, p. 649. any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps, to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps: *Provided, *That the foregoing provision*Provisos.* Use of specified uniforms, etc., permitted National Guard. shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the National Guard; nor to prevent members of theBoy Scouts, Naval Militia, etc. organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War may designate, from wearing their prescribed uniforms; nor to prevent personsWar veterans on ceremonious occasions. who in time of war nave served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service; nor toDischarged men returning home. prevent any person who has been honorably discharged from the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such discharge; nor to preventMilitary societies, etc. the members of military societies composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uniform duly prescribed by such societiesSchool cadets, instructors, etc. to be worn by the members thereof; nor to prevent the instructors and members of the duly organized cadet corps of a State university, State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instructors and members of such cadet corps; nor to preventCivilians attending instruction camps, etc. civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; norActors, etc., professionally. to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in 217 moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps: *ProvidedDistinctive mark required. further, *That the uniforms worn by officers or enlisted men of the National Guard, or by the members of the military societies or the instructors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: *And provided further, *That the members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn byRestriction on insignia of rank. officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Any person who offends against the provisions of this section shall,Punishment for violations. on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 126. On and after July first, nineteen hundred and sixteen,Travel allowance to discharged enlisted men. an enlisted man when discharged from the service, except by way of punishment for an offense, shall receive 3| cents per mile from the place of his. discharge to the place of his acceptance for enlistment, enrollment, or original muster into the service, at his option: *Provided,**Proviso.*Sea travel. That for sea travel on discharge transportation and subsistence only shall be furnished to enlisted men. Sec. 127. Nothing in this Act shall be held or construed so as toNo Army officer discharged or to lose commission hereby. discharge any officer from the Regular Army or to deprive him of the commission which he now holds therein. Sec. 128. All laws and parts of laws in so far as they are inconsistentConflicting laws repealed. with this Act are hereby repealed. Approved, June 3, 1916.
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