Chapter 307. Amending the Act of June 30, 1922, making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1923, and for other purposes
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CHAP. 307.— An Act Amending the Act of June 30, 1922, making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1923, and for other purposes. September 14, 1922. [[H. R. 12493](/us/bill/67/hr/12493).] [[Public, No. 299](/us/pl/67/299).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Army. Number of officers below lieutenant colonel to be discharged and recommissioned, to be determined by the President. *Ante*, p. 722.
That the President, upon the recommendation of the board of general officers convened to carry out the elimination provisions of the Act entitled “An Act making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1923, and for other purposes,” approved June 30, 1922, is authorized to determine the number of officers below the grade of lieutenant colonel that shall be discharged and recommissioned in the next lower grade *Provisos*.
Modification of authorized strength. *Ante* p. 721, amended.notwithstanding the limitation of eight hundred in said Act: *Provided*, That the President is authorized, upon the recommendation of said board, to increase the authorized strength of various grades as prescribed in said Act by not more than fifty colonels, one hundred and fifty majors, and three hundred captains, and to decrease by a total of not to exceed five hundred, apportioned among the grades as the President may determine, the authorized strength of the two Total allowed January 1, 1923.lowest grades as prescribed by said Act: *Provided further*, That on and 841after January 1, 1923, there shall be not to exceed a total of twelve thousand officers in the Army and on and after that date the authorized number in each grade shall be as prescribed in said Act or as modified and prescribed by the President in accordance with the provisions of the preceding proviso, and on that date there shall notAdditional officers eliminated. be any promotion list officers in any grade in addition to these prescribedNo pay, etc., reduced. numbers: *Provided further*, That the discharge and recommissionStatus of recommissioned officers. of officers in the next lower grade shall not operate to reduce the pay or allowances which they are now receiving or to deprive them of credit for service now counted for purposes of pay or retirement: *And provided further*, That in discharging and recommissioning officers in inverse order of standing on the promotion list any officer who is once discharged from the grade he now holds and is recommissioned in the next lower grade shall be passed over.
Sec. 2. That the retired general officers who have been called toActive pay to officers on elimination board. active duty for service on the said elimination board shall be entitled from date of detail and while so serving to the active pay and allowances of their grade. Sec. 3. That the first proviso under the heading “Arms, Uniforms,National Guard and Officers’ Reserve Corps. Allowed Army pay for service less than a month. Equipment, and so forth, for field service, National Guard” in Title I of said Act is amended to read as follows:
“That members of the National Guard and Officers’ Reserve Corps who have or shall become entitled for a continuous period of less than one month to Federal pay*Ante*, p. 749, amended. at the rates fixed for the Regular Army, whether by virtue of a call by the President, of attendance at school or maneuver, or of any other cause, and whose accounts have not yet been settled, shall receive such pay for each day of such period; and the thirty-first day of a calendar month shall not be excluded from the computation.
” Sec. 4. That all laws and parts of laws in so far as they are inconsistent Inconsistent laws repealed. with this Act are hereby repealed. Approved, September 14, 1922.