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CHAPTER X.

THE MILITARY ESTABLISHMENT-GENERAL PROVI

SIONS OF ORGANIZATION.

THE REGULAR ARMY_THE VOLUNTEER ARMY AND THE MILITIA.1

an

Par. Composition of the Army of the United States.--

329a Tour of duty of officers and

enlisted men in Philippine

Islands and the Canal Zone - 330a Composition of Regular Army -- 331a Increase to be made in five increments

331b Limitation on promotions or ap

pointments of officers to vacancies caused by second increment

331b; May be immediately made in

event of actual or threatened war

3310 Immediately raise, organize, of

ficer, and equip all increments

at maximum strength ------- 331c} Same-Filling of vacancies

caused by increase; termination of provisional appointments -

331c Vacancies in grade of second

lieutenant caused by increase, how filled ---

331d Appointments to fill vacancies in

grade of second lieutenant,

order of appointment.------- 33101 Waiver of age limit of candi

dates for second lieutenant-- 3310; Same-Vacancies not filled on

graduation of cadet class; vacancies not caused by increase to be filled under existing law.-

331e

Par, Enlisted men who have com

pleted one year's service may
become candidates for vacan-

cies caused by increase----- 3311 Lineal and relative rank of sec

ond lieutenants appointed to original vacancies created by this act_

331g Saving clause.

331h Repealing clause..

3311 Excessive enlistment of recruits

to supply trained men for organizations serving outside

limits of United States------ 332a Increase of organizations to

maximum strength in emergency

332b Same-Unassigned recruits, not

to exceed 5 per cent of total
enlisted strength, not to be

counted.--
Enlisted personnel of organiza-

tions of Regular Army to be
maintained not below mini-
mum strength------

332 Enlisted strength of the line of

the Army, maximum.---- 332e Same--Unassigned recruits not

to exceed 7 per cent of author-
ized strength---

332f Enlisted strength to be exclusive

of soldiers sentenced to dis

honorable discharge --- 3328 Retirement of officers of Philippine Scouts

339a-339e

332c

1

See

For statutes respecting the militia, şee chapter entitled “The Militia." also chapter entitled “ Volunteers.” 54208-18-5

65

as

Par.

Par, Retirement of captains and lieu

Citizenship of enlisted persontenants of Philippine Scouts

nel, and term of enlistment - 343a who are citizens of the United

Colonel to be detailed from InStates. 339a fantry arm

345a Sime--Double time for service

Vacancies in grades of lieubeyond continental limits of

tenant colonel and major, how United States not to be counted

filled; captains and lieutenfor purpose of_

339b ants eligible for details, transSime-Former officers who re

fers, etc

345b signed or were discharged on

Permanent captains in, to be account of wounds received in

recommissioned captains action and were retired as en

of Infantry, United States listed men to receive benefit of

Army

346a section

339c Same-Lineal and relative rank Same-Former officer who re

as captains of Infantry------ 346b signed or was discharged on

Same Commissioned service to account of disability con

be counted in determining tracted in line of duty and has

lineal and relative rank.---- 3460 been retired as enlisted man

Lineal and relative rank of offito receive benefit of section., 3390 cers who held comunissions in Same-Retirement of Bernard

the Provisional Regiment on A. Schaaf, late a lieutenant

June 30, 1908

3160 of; credit for continuous serv

Second lieutenants, appointment ice 339e of ----

347a Porto Rico Regiment of Infan

Promotion to fill vacancies betry--

341a-348a tween grades of second liegOrganization same as Infantry

tenant and colonel

349a regiment of Regular Army --- 341a

329a. Composition of the Army of the United States. 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. 1, Act of June 3, 1916 (39 Stat. 166).

1

There is but one Army of the United States, and every organization, bureau, officer, and man in the military service is part of it. The Inspector General's Department, as well as all other staff corps and departments are to be reorganized out of the Army at large so that such departments may properly perform their ever-increasing functions. The primary authority for providing the necessary staff officers in the increased establishment is not to be found in the use of reserve officers as such, but in the power to appoint necessary officers under the National Army act. (War Dept. Bul. 67, Nov. 30, 1917.)

A commission in the Regular Army is a permanent one carrying with it the rights of retirement and can be terminated only in the manner provided by law. Commissions in the National Guard (drafted into the service of the United States) and the National Army are for the period of the emergency and can be terminated by the President for any cause which, in the judgment of the President, would promote the public service, or upon the approved finding of a board of officers appointed by the general commanding a division or higher tactical organization or territorial department. (Selective service act, May 18, 1917, sec. 9.) Commissions in the Officers' Reserve Corps are for a period of five years unless sooner terminated in the discretion of the President. (National defense act, June 3, 1916, sec. 37.) As to provisional appointments as second lieutenants in the Regular Army, see section 23 of the National Defense Act, supra.

The right of an incumbent ot a military office to resign his office at pleasure is subject to certain restrictions growing out of his m ary status. Thus, the

330a. Tour of duty of officers and enlisted men in Philippine Islands and the Canal Zone. On and after October first, nineteen hundred and fifteen, no officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, nor more than three years in the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities: Provided further, That the foregoing provision shall not apply to the organization known as the Philippine Scouts. Act of Mar. 4, 1915 (38 Stat. 1078).

331a. Composition of Regular Army.The Regular Army 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. Sec. 2, act of June 3, 1916 (39 Stat. 166).

(See paragraphs 332d, 332e, and 3327 for the remaining provisions of this section.)

331b. Increase to be made in five increments.-Except as otherwise specifically provided by this Act, the increases in the commissioned ard 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 practi

resignation of an officer under charges need not be accepted. Similarly, the resignation of an officer in time of war may be refused. (Dig. Opin. J. A. G., January, 1918.).

For authorization for provisional organization of cavalry into field artillery or infantry during the present emergency see paragraplis 1071b and 1071c, post.

cable, one-fifth of the total increase authorized for each arm, corps, 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 io 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. Sec. 24, id. 182.

331b1. Limitation on promotions or appointments of officers to vacancies caused by second increment.-No part of this appropriation shall be paid to any officer of the line of the Army who shall be appointed or promoted in violation of any of the terms next hereinafter specified: That of the whole number of officers of Cavalry, Field Artillery, Coast Artillery Corps, Infantry, and of Engineers serving with the enlisted force of the Corps of Engineers necessary to fill vacancies created or caused in said arms of the service by reason of the second increment, authorized in said arms by Act of Congress approved June third, nineteen hundred and sixteen, not more than one-fourth shall be appointed or promoted until, exclusive of enlisted men belonging to said arms on June thirtieth, nineteen hundred and sixteen, at least one-fourth of the second increment of enlisted men authorized for said arms by said Act shall have been enlisted; not more than one-half of said whole number of officers shall be appointed or promoted until at least one-half of said increment of enlisted men shall have been enlisted; and not more than three-fourths of said whole number of officers shall be appointed or promoted until at least three-fourths of said increment of enlisted men shall have been enlisted. And all officers promoted in accordance with the terms of this proviso shall take rank, respectively, from the dates on which their promotions shall have become lawful under the terms of this proviso. Act of May 12, 1917 (0 Stat. 44).

331c. May be immediately made in event of actual or threatened var.-In the event of actual or threatened 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 author

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