Public Law 226.
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/statutes-at-large/vol-49/public-law-226·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/225).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That hereafter Regular Army and Philippine Scouts promotion lists.Officers included; exception.the promotion list of the Regular Army and Philippine Scouts shall include all officers on the active list in the grades of second lieutenant to colonel, inclusive, except officers of the Medical Department, chaplains, and professors of the United States Military Academy; promotion-list Promotion-list colonels.Vol. 41, p. 771; [U.
S. C., p. 257](/us/usc/257).colonels shall be placed immediately above the lieutenant colonels on the promotion list provided for in section 24a of the Act of June 4, 1920 (U. S. C., 10:553, 41 Stat. 771), in the order of their standing on the relative rank list of colonels on the date of this Act; officers on the promotion list as above defined shall be known as Classification of officers.promotion-list officers; all other officers, except general officers, shall be known as non-promotion-list officers: *Provided*, That nothing in *Proviso.*Relative positions to remain unclianged.this Act shall be so construed as to change the respective relative positions held by officers on the promotion list, hereinbefore prescribed, nor the method of determining the position of officers on that list as prescribed by the Act of June 4, 1920, as amended, except as hereinbefore provided.
All promotions provided for in this Act shall be subject to the Examinations.examination prescribed by existing law. 506 Sec. 2. Authorized numbers of promotion-list officers. That from and after the effective date of this Act the authorized number of promotion-list officers in the grade of colonel shall be 6 per centum; the number of such officers in the grade of lieutenant colonel shall be 9 per centum; and the *Proviso.*Fractional numbers.number of such officers in the grade of major shall be 25 per centum of the aggregate number of promotion-list officers authorized by law: *Provided*, That in making any computation under the provisions of this section whenever a final fraction of one-half or more occurs in the number of officers involved in any such computation the next higher whole number of officers shall be regarded as the authorized or required number thereof.
Sec. 3. Vacancies filled from promotion-list officers.Vol. 41, p. 774. All vacancies, including original vacancies resulting from the operation of section 2 hereof, occurring on or after July 1, 1935, in the respective grades of colonel, lieutenant colonel, and major of promotion-list officers shall be filled by the promotion of promotion-list officers in the manner provided in section 24c of the said Act of *Proviso.*Promotion to Brade of colonel; service requirement.Other grades.June 4, 1920: *Provided*, That no promotion-list officer shall be promoted m time of peace under the provisions of this Act to the grade of colonel until he shall have completed twenty-six years’ service; to the grade of lieutenant colonel until he shall have completed twenty years’ service, or to the grade of major until he shall have completed fifteen years’ service, the service to be counted for purposes of this proviso to be only active commissioned service of the Vol. 41, p. 771.same classes prescribed for promotion-list purposes in section 24a of the said Act of June 4, 1920; but this proviso shall not apply to lieutenant colonels and majors whose first appointments in the permanent service were in grades above those of captain and second lieutenant, respectively, or who were appointed to the Regular Army under the provisions of the first sentence of section 24 of the Act of June 3, 1916, as amended by the said Act of June 4, 1920, nor to captains whose first appointments in the permanent service were in a grade above second lieutenant, or whose present rank dates from Rank of promoted officers.July 1, 1920, or earlier.
All officers promoted under the provisions of this paragraph shall take rank in the grade to which promoted according to the dates stated in their commissions in said grade; and when the dates of rank of two or more officers in said grade are the same, such officers shall take rank among themselves according to their standing on the promotion list. Captains and first lieutenants; numbers.The number of promotion-list officers that shall be in the respective grades of captain and first lieutenant at any time after the effective date of this Act shall be such as results from the operation of the Lieutenants; automatic promotion; service requirements.promotion system hereinafter in this pararaph prescribed.
Promotion-list second lieutenants and first lieutenants shall be promoted to the respective grades of first lieutenant and captain immediately upon completing respectively three years’ and ten years’ commissioned service in the Regular Army, but not otherwise; and all such officers in the said grades of second lieutenant and first lieutenant, respectively, who shall have completed the said respective periods of service on or before the effective date of this Act shall be so *Proviso.*Order of promotion.promoted as of said date: *Provided*, That no officer shall be promoted, under the provisions of this paragraph, in advance of any officer in the same grade whose name appears above his on the promotion list.
Sec. 4. General line officers; chiefs, etc., of branches and nunpromotion list officers; appointment and promotion.Veterinary Corps officers; chaplains. That general officers of the line, chiefs and assistant chiefs of branches, and all non-promotion-list officers shall continue to be appointed and promoted as now authorized by law, except that officers of the Veterinary Corps of the Medical Department shall be promoted to, and chaplains shall be given the rank, pay, and allowances of the respective grades to and including that of colonel 507upon completion of the same respective periods of service prescribed by law in force on June 30, 1935, for officers of the Medical Corps.
From and after the effective date of this Act original Original appointments, Veterinary Corps.appointments in the Veterinary Corps shall be made in the grade of first lieutenant from Reserve veterinary officers between the ages Age and rank.of twenty-three and thirty-two years, and officers serving in that Corps on the effective date of this Act in the grade of second lieutenant shall be promoted to the grade of first lieutenant as of said date. Sec. 5. That any officer on the active list of the Regular Army or Retirement provisions; service requirement.Philippine scouts who, on the effective date of this Act or at any time thereafter, shall have completed not less than fifteen nor more than twenty-nine years’ service may upon his own application be retired, in the discretion of the President with annual pay equal to Pay.the product of 2½per centum of his active duty annual pay at the time of his retirement, multiplied by a number equal to the years of his active service not in excess of twenty-nine years: *Provided*, *Proviso.*Computation of service.That the number of years of service to be cr in computing the right to retirement and retirement pay under this section shall include all service now or hereafter credited for active duty pay purposes any fractional part of a year amounting to six months or more to be counted as a complete year: *And provided further*, Officers below grade of major, serving prior to November 12, 1918.That any officer of the Regular Army or Philippine scouts below the grade of major who served as a commissioned officer in the Army of the United States prior to November 12, 1918, and whose application for retirement under the provisions of this section has been approved by the President shall be retired in the grade of major with retired pay computed as hereinbefore provided as for a major with the same length of service: *And provided further*, Rank of officers retired heretofore.That nothing in this Act shall operate to deprive any officer of the retired rank to which he is now entitled under the provisions of law: *And provided further*, That any officer originally appointed as of July Retired pay of officers over forty-five years of age when appointed.1, 1920, at an age greater than forty-five years, may if he so elects, in lieu of retired pay at the rate hereinbefore provided, receive retired pay at the rate of 4 per centum of active duty pay for each complete year of commissioned service in the United States Army, the total to be not more than 75 per centum: *And provided further*, That all officers retired under the provisions of this section shall Placing on unlimited retired list.be placed on the unlimited retired list.
Sec. 6. That nothing in this Act shall be deemed to apply to Air Corps officers; temporary advancements.Vol. 44, p. 782; [U. S. C., p. 242](/us/usc/242).temporary advancements in rank of commissioned officers of the Air Corps as authorized in the Act of July 2, 1926 (U. S. C., Supp. III, 19:292a, 44 Stat. 780), and officers temporarily advanced m rank under the provisions of said Act shall be counted only in the grade in which they hold permanent commissions in computing the numbers in such grades.
Sec. 7. All existing law governing the termination of activeExisting law respecting termination of active service. service of officers shall continue in full force and effect, except as herein modified. Sec. 8. This Act shall be effective the first of the month following Effective date; inconsistent laws repealed.the date of enactment of this Act, and all laws and parts of laws, insofar as they are inconsistent with or in conflict with any of the provisions hereof, are hereby repealed as of that date.
Approved, July 31, 1935. To authorize the acquisition of land on McNeil Island. 1935-08-02 423 Chapter 49 Stat. 508 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public 508 [CHAPTER 423.] AN ACT To authorize the acquisition of land on McNeil Island. August 2, 1935.[[S. 3059](/us/bill/74/s/3059).][[Public, No. 226](/us/pl/74/226).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, McNeil, etc., Islands, Wash.Acquisition of land.*Post*, p. 1129.
That the Attorney Genera] is hereby authorized to acquire by condemnation proceedings all of that portion of McNeil Island which is not now owned by the United States, Gertrudis Island, and Pitt Island, all in the State of Washington, at a total cost of not to exceed $300,000. Approved, August 2, 1935. To authorize the adjustment of the boundaries of the Chelan National Forest in the State of Washington. 1935-08-02 424 Chapter 49 Stat. 508 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-01-07 public [CHAPTER 424.] AN ACT To authorize the adjustment of the boundaries of the Chelan National Forest in the State of Washington. August 2, 1935.[[H. R. 3061](/us/bill/74/hr/3061).][
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