Guard, and from the sons of deceased officers, soldiers, sailors, and marines. Sec. 1, act of June 3, 1942 (56 Stat. 306); 10 U. S. C. 1091c.

When on the date of admission of a new class the total number of cadets is below the number authorized, the Secretary of War may bring the corps of cadets to full strength by appointing qualified alternates and candidates recommended by the academic board, two-thirds thereof from qualified alternates and one-third thereof from qualified candidates: Provided, That any appointment made under this section shall be an additional appointment and shall not constitute an appointment otherwise authorized by law. Sec. 2, act of June 3, 1942 (56 Stat. 306); 10 U. S. C. 1091d.

The first provision, supra, omitted from the original text, is inserted as the first paragraph of this section. While superseded as to the number of cadets authorized, it remains in force as to the appointing authority and the places of residence of cadets on appointment. (JAG 010.3, July 30, 1941). The note to section 1197 of the original text is modified accordingly. The second and third provisions are added as new paragraphs.

The act of June 8, 1939 (53 Stat. 814), authorizes the appointment of one midshipman at the United States Naval Academy on the recommendation of the Governor of the Panama Canal.

The act of September 4, 1939 (54 Stat. 867), authorizes the appointment as additional midshipmen-at-large at the Naval Academy of those competitive and alternate candidates designated for admission in the calendar years 1939 and 1940 who were found mentally qualified prior to the date of that act but were not accepted for reasons other than physical disqualification.

By act of January 30, 1941 (55 Stat. 3), the number of midshipmen-at-large authorized to be appointed annually was increased from 15 to 25 and the number authorized to be appointed from the Naval Reserve was increased from 50 to 100.

Notes of Decisions

Authority to appoint.-Members of Congress | power of appointment. Walbach บ. U. S. can only nominate candidates for appoint- (1941), 93 Ct. Cl. 494. ment to the Military Academy, and have no

1198a. Cadets; appointment in case of redistricting of congressional districts. That cadets at the United States Military Academy and midshipmen at the United States Naval Academy, or nominees for appointment thereto, whose place of residence, by reason of redistricting the State concerned, falls in another congressional district, and who were appointed with respect to or nominated by the Representative of the former district, shall be charged to the Representative of the latter district as additional numbers but the number of cadets and midshipmen otherwise respectively allowed at such respective academies for the Representative of such latter district shall be temporarily increased by the number of such cadets or midshipmen, as the case may be, and by the number of such nominees who are appointed and qualify: Provided, That such temporary increase in numbers authorized herein for the Representative concerned shall be reduced accordingly as each cadet or midshipman, in attendance at either academy under an appointment from such former district is finally seperated therefrom. Act of July 7, 1943 (57 Stat. 383); 10 U. S. C. 1091–1.

1200. Cadets; appointments from sons of deceased World War Veterans— That the number of cadets now authorized by law at the United States Military Academy, and the number of midshipmen now authorized by law at the United States Naval Academy, are each hereby increased by forty from the United States at large, to be appointed by the President from among the sons of officers, soldiers, sailors, and marines of the Army, Navy, and Marine Corps of the United States, including members of the Army Nurse Corps (female) and Navy Nurse Corps (female) employed in the active service by the War Department or Navy Department, who were killed in

action or have died, or may hereafter die, of wounds or injuries received, or disease contracted, or preexisting injury or disease aggravated, in active service during the World War (as defined by existing laws providing service connected compensation benefits for World War veterans and their dependents): Provided, That the determination of the Veterans' Administration as to service connection of the cause of death shall be final and conclusive and shall be binding upon the Secretary of War and Secretary of the Navy, respectively. Act of June 8, 1926 (44 Stat. 704); act of Dec. 1, 1942 (56 Stat. 1024); 10 U. S. C. 1091a; 34 U. S. C. 1036a.

This section has been amended as indicated above.

By act of September 24, 1940 (54 Stat. 959), age limits for admission to the Naval Academy were fixed as seventeen to twenty-one years.

1206a. Cadets; flight training. That during such time as cadets of the United States Military Academy are undergoing flight training involving participation in regular and frequent aerial flights they shall be issued at Government expense the necessary aviation clothing and equipment for such training; during the course of such training when not quartered at the Military Academy they shall receive the same allowances for travel, subsistence, and quarters as are now or may hereafter be provided for Army aviation cadets; and during the course of such training they shall be entitled to the same insurance benefits as are provided by the Act of June 3, 1941 (Public law 99, Seventy-seventh Congress), for enlisted men of the Army detailed as aviation students. Provided, That, upon completion of the prescribed training as aviation students, and until permanently relieved from duty involving participation in regular and frequent aerial flights, the insurance provided shall continue, but the premiums shall be deducted from the pay of the individual concerned and paid as the Secretary of War may direct to the Administrator of Veterans' Affairs; and upon being permanently relieved from duty involving participation in regular and frequent aerial flights, the insurance may be continued at the option and at the expense of the individual concerned. Act of June 5, 1942 (56 Stat. 310); 10 U. S. C. 1151.

For act of June 3, 1941, supra, see 173 ante.

1207. Cadets; indebtedness to cadet store.

This provision has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 588).

That the President be, and he is hereby, authorized to reduce, in his discretion, until the termination of the present war, the course of instruction at the United States Military Academy from four to three years and to graduate classes which have completed such reduced courses of instruction. Act of Oct. 1, 1942 (56 Stat. 763).

The above provision is added as a new paragraph of this section.

1215b. Foreign cadets; appointment.

The act of July 14, 1941 (55 Stat. 589), authorizes courses of instruction at the United States Naval Academy to be given to not exceeding twenty persons at a time from the American republics, other than the United States.

1229. Suspension of increased pay for officers detailed.

This provision has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 587).

That the permanent professors of the United States Military Academy who have been or may hereinafter be appointed by the President from the commissioned officers of the Regular Army shall have the rank, pay, and allowances of Colonel from the date now provided by law or from the date each would have been entitled to such rank, pay and allowances had he not accepted such appointment, whichever date is the earlier: Provided, That no back pay or allowances shall accrue hereunder. Act of June 13, 1940 (54 Stat. 385); 10 U. S. C. 1133a.

The above provision is added as a new paragraph of this section.

1235. Pay and allowances; teacher of music.-That from and after the date of approval of this Act the teacher of music, the leader of the Military Academy Band, shall have the rank of captain of the United States Army and shall be entitled to receive the pay and allowances of an officer in the grade of captain: Provided, That in the computation of the pay and allowances of such teacher of music all active service in the Army, including service as teacher of music, shall be counted as if it were commissioned service: Provided further, That the said leader of the Military Academy Band shall, at such time as the President in his discretion may direct, be retired as a teacher of music with the rank of captain, and when so retired, shall be entitled to receive the same retirement pay as is now or may hereafter be provided by law or regulation for an officer of the Army in the grade of captain with length of service computed as stated above: And provided further, That the dependents of said teacher of music shall be entitled to the same pensions, death gratuity, and other benefits as are now or may hereafter be provided for an officer of the Regular Army in the grade of captain with the corresponding length of service. Act of May 27, 1940 (54 Stat. 223); act of Mar. 29, 1944 (58 Stat. 130); 10 U. S. C. 1086.

This section, based on R. S. 1111, as amended, 10 U. S. C. 1140, was superseded by the above provision.

1236. Pay and allowances of cadets.

The original text of this section, based on section 19, act of June 10, 1922 (42 Stat. 632); 37 U. S. C. 28, was expressly repealed by 1371c-19(2), post. The subject-matter is covered by 1371c-17, post.

1239. Pay and allowances of graduates.

That officers graduated from the United States Military Academy when traveling under competent orders to the first station to which they are permanently assigned for duty shall receive the mileage allowance authorized by law for officers of the Army traveling under competent orders without troops, for the distance actually traveled under such orders, not to exceed the distance by the shortest usually traveled route from their homes or from West Point, New York, as may be designated in their orders, to such first duty stations. The orders mentioned in the first sentence of this section shall be deemed to involve a "permanent change of station" as those words are used in the fifth paragraph of section 12, Pay Readjustment Act of 1942 (Act of June 16, 1942; 56 Stat. 365), and the rights of the officers concerned shall be governed by the provisions of that paragraph with respect to the transportation of their dependents and household effects. * * * Provided, That no person shall suffer, by reason of the enactment of this Act, any reduction in any allowance or compensation which he has been paid or to which he was entitled immediately prior thereto. Sec. 1, act

of June 27, 1944 (58 Stat. 392); 37 U. S. C. 117b.

The second paragraph of the original text of this section, based on act of August 9, 1912 (37 Stat. 252); 10 U. S. C. 744, was expressly repealed by section 1, act of June 27, 1944, supra, and is superseded by the above provision.

Section 1, act of June 27, 1944, supra, also provided that the provisions of this section shall be effective as of January 19, 1943.

For fifth paragraph of section 12, Pay Readjustment Act of 1942, to which reference is made in the text, supra, see 1371c-12(6), post.

1244. Reserve Officers' Training Corps; establishment of units.-The President is hereby authorized to establish and maintain in civil educational institutions a Reserve Officers' Training Corps, one or more units in number, which shall consist of a senior division organized at universities and colleges granting degrees, including State universities and those State institutions that are required to provide instruction in military tactics under the Act of Congress of July 2, 1862, 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 at those essentially military schools not conferring academic degrees, specially designated by the Secretary of War as qualified, and a junior division organized at all other public and private educational institutions, and each division shall consist of units of the several arms, corps, or services in such number and such strength as the President may prescribe: Provided, That no such unit shall be established or maintained at any institution until an officer of the Regular 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, except that in the case of units other than infantry, cavalry or artillery, the minimum number shall be fifty: Provided further, That except at State institutions described in this section, no unit shall be established or maintained in an educational institution until the authorities of the same agree to establish and maintain a two years' elective or compulsory 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 unless he is relieved of this obligation by regulations to be prescribed by the Secretary of War: Provided further, That an infantry unit may be established and maintained at the University of Alaska upon the condition that this institution shall maintain under military instruction at least fifty physically fit male students. Sec. 40, act of June 3, 1916 (39 Stat. 191); sec. 33, act of June 4, 1920 (41 Stat. 776); act of July 2, 1940 (54 Stat. 726); 10 U. S. C. 381.

** * * Provided further, That none of the funds appropriated in this Act shall be used for the organization or maintainance of a greater number of mounted units in the Reserve Officers' Training Corps than were in existence on January 1, 1928, or for additional motor transport or tank units unless in replacement of existing cavalry units Military Appropriation Act of June 30, 1941 (55 Stat. 388).

* * *

The first paragraph of the original text of this section has been amended by first paragraph, supra.

As repeated in the Military Appropriation Act of June 30, 1941 (55 Stat. 388), and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 590), the second paragraph of the original text, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1372), has been modified as indicated in the second paragraph, supra.